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Sanjay Visanji Sent: Wednesday, September 09, 2009 9:34 AM To: cvoca@... Subject: CVOCA - All Legal Terminologies used by Legal Eagles [1
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[Attachment(s) from Chheda Sanjay
Visanji included below]
This speech was delivered to the Class of 2006 at the Indian Institute of Management, Bangalore on defining success by Subroto BagchiCEO MindTree.
I was the last child of a small-time government servant, in a family of five brothers. My earliest memory of my father is as that of a District Employment Officer in Koraput, Orissa. It was, and remains as back of beyond as you can imagine. There was no electricity; no primary school nearby and water did not flow out of a tap. As a result, I did not go to school until the age of eight; I was home-schooled. My father used to get transferred every year. The family belongings fit into the back of a jeep – so the family moved from place to place and without any trouble, my Mother would set up an establishment and get us going. Raised by a widow who had come as a refugee from the then East Bengal, she was a matriculate when she married my Father.
My parents set the foundation of my life and the value system, which makes me what I am today and largely, defines what success means to me today..
As District Employment Officer, my father was given a jeep by the government. There was no garage in the Office, so the jeep was parked in our house. My father refused to use it to commute to the office. He told us that the jeep is an expensive resource given by the government- he
reiterated to us that it was not ”his jeep” but the government’s jeep. Insisting that he would use it only to tour the interiors, he would walk to his office on normal days... He also made sure that we never sat in the government jeep – we could sit in it only when it was stationary.
That was our early childhood lesson in governance – a lesson that corporate managers learn the hard way, some never do.
The driver of the jeep was treated with respect due to any other member of my Father’s office. As small children, we were taught not to call him by his name. We had to use the suffix ‘dada’ whenever we were to refer to him in public or private. When I grew up to own a car and a driver by the name of Raju was appointed – I repeated the lesson to my two small daughters. They have, as a result, grown up to call Raju, ‘Raju Uncle’ – very different from many of their friends who refer to their family driver, as ‘my driver’. When I hear that term from a school- or college-going person, I cringe.
To me, the lesson was significant – you treat small people with more respect than how you treat big people. It is more important to respect your subordinates than your superiors.
Our day used to start with the family huddling around my Mother’s chulha – an earthen fire place she would build at each place of posting where she would cook for the family. There was neither gas, nor electrical stoves.The
morning routine started with tea. As the brew was served, Father would ask us to read aloud the editorial page of The Statesman’s ‘muffosil’ edition – delivered one day late. We did not understand much of what we were reading. But the ritual was meant for us to know that the world was larger than Koraput district and the English I speak today, despite having studied in an Oriya medium school, has to do with that routine. After reading the newspaper aloud, we were told to fold it neatly. Father taught us a simple lesson.
He used to say, “You should leave your newspaper and your toilet, the way you expect to find it”. That lesson was about showing consideration to others. Business begins and ends with that simple precept.
Being small children, we were always enamored with advertisements in the newspaper for transistor radios – we did not have one. We saw other people
having radios in their homes and each time there was an advertisement of Philips, Murphy or Bush radios, we would ask Father when we could get one. Each time, my Father would reply that we did not need one because he already had five radios – alluding to his five sons.
We also did not have a house of our own and would occasionally ask Father as to when, like others, we would live in our own house. He would give a similar reply,” We do not need a house of our own. I already own five houses”. His replies did not gladden our hearts in that instant.
Nonetheless, we learnt that it is important not to measure personal success and sense of well being through material possessions.
Government houses seldom came with fences. Mother and I collected twigs and built a small fence. After lunch, my Mother would never sleep. She would take her kitchen utensils and with those she and I would dig the rocky, white ant
infested surrounding. We planted flowering bushes. The white ants destroyed them. My mother brought ash from her chulha and mixed it in the earth and we planted the seedlings all over again. This time, they bloomed. At that time, my father’s transfer order came. A few neighbors told my mother why she was taking so much pain to beautify a government house, why she was planting seeds that would only benefit the next occupant. My mother replied that it did not matter to her that she would not see the flowers in full bloom. She said, “I have to create a bloom in a desert and whenever I am given a new place, I must leave it more beautiful than what I had inherited”.
That was my first lesson in success. It is not about what you create for yourself, it is what you leave behind that defines success.
My mother began and galvanized the nation in to patriotic fervor. Other than reading out the newspaper to my mother, I had no clue about how I could be part of the action. So, after reading her the newspaper, every day I would land up near the University’s water tank, which served the community. I would spend hours under it, imagining that there could be spies who would come to
poison the water and I had to watch for them. I would daydream about catching one and how the next day, I would be featured in the newspaper. Unfortunately for me, the spies at war ignored the sleepy town ofBhubaneswar and I never got a chance to catch one in action. Yet, that act unlocked my imagination.
Imagination is everything. If we can imagine a future, we can create it, if we can create that future, others will live in it. That is the essence of success.
Over the next few years, my mother’s eyesight dimmed but in me she created a larger vision, a vision with which I continue to see the world and, I sense, through my eyes, she was seeing too.. As the next few years unfolded, her vision deteriorated and she was operated for cataract. I remember, when she returned after her operation and she saw my face
clearly for the first time, she was astonished. She said, “Oh my God, I did not know you were so fair”.. I remain mighty pleased with that adulation even till date. Within weeks of getting her sight back, she developed a corneal ulcer and, overnight, became blind in both eyes. That was 1969. She died in 2002. In all those 32 years of living with blindness, she never complained about her fate even once. Curious to know what she saw with blind eyes, I asked her once if she sees darkness. She replied, “No, I do not see darkness. I only see light even with my eyes closed”. Until she was eighty years of age, she did her morning yoga everyday, swept her own room and washed her own clothes.
To me, success is about the sense of independence; it is about not seeing the world but seeing the light.
Over the many intervening years, I grew up, studied, joined the industry and began to carve my life’s own journey. I began my life as a clerk in a government office, went on to become a Management Trainee with the DCM group and eventually found my life’s calling with the IT industry when fourth
generation computers came to India in 1981. Life took me places – I worked with outstanding people, challenging assignments and traveled all over the world.
In 1992, while I was posted in the US, I learnt that my father, living a retired life with my eldest brother, had suffered a third degree burn injury and was admitted in the Safderjung Hospital in Delhi. I flew back to attend to him – he remained for a few days in critical stage, bandaged from neck to toe. The Safderjung Hospital is a cockroach infested, dirty, inhuman place. The overworked, under-resourced sisters in the burn ward are both
victims and perpetrators of dehumanized life at its worst. One morning, while attending to my Father, I realized that the blood bottle was empty and fearing that air would go into his vein, I asked the attending nurse to change it. She bluntly told me to do it myself. In that horrible theater of death, I was in pain and frustration and anger. Finally when she relented and came, my Father opened his eyes and murmured to her, “Why have you not gone home yet?” Here was a man on his deathbed but more concerned about the overworked nurse than his own state. I was stunned at his stoic self.
There I learnt that there is no
limit to how concerned you can be for another human being and what the limit of inclusion is you can create.
My father died the next day. He was a man whose success was defined by his principles, his frugality, his universalism and his sense of inclusion.
Above all, he taught me that success is your ability to rise above
your discomfort, whatever may be your current state. You can, if you want, raise your consciousness above your immediate surroundings. Success is not about building material comforts – the transistor that he never could buy or the house that he never owned. His success was about the legacy he left, the memetic continuity of his ideals that grew beyond the smallness of a ill-paid, unrecognized government servant’s world.
My father was a fervent believer in the British Raj. He sincerely doubted the capability of
the post-independence Indian political parties to govern the country. To him, the lowering of the Union Jack was a sad event. My Mother was the exact opposite. When Subhash Bose quit the Indian National Congressand came to Dacca, my mother, then a schoolgirl, garlanded him. She learnt to spin khadi and joined an underground movement that trained her in using daggers and swords. Consequently, our household saw diversity in the political outlook of the two. On major issues concerning the world, the Old Man and the Old Lady had differing opinions.In them, we learnt the power of disagreements, of dialogue and the essence of living with diversity in
thinking.
Success is not about the ability to create a definitive dogmatic end state; it is about the unfolding of thought processes, of dialogue and continuum.
Two years back, at the age of eighty-two, Mother had a paralytic stroke and was lying in a government hospital in Bhubaneswar. I flew down from the US where I was serving my second stint, to see her. I spent two weeks with her in the hospital as she remained in a paralytic state. She was neither getting better nor moving on. Eventually I had to return to work. While leaving her behind, I kissed her face. In that paralytic state and a garbled voice, she said,
“Why are you kissing me, go kiss the world.” Her river was nearing its journey, at the confluence of life and death, this woman who came to India as a
refugee, raised by a widowed Mother, no more educated than high school, married to an anonymous government servant whose last salary was Rupees Three Hundred, robbed of her eyesight by fate and crowned by adversity was telling me to go and kiss the world!
Success to me is about Vision. It is the ability to rise above the immediacy of pain. It is about imagination. It is about sensitivity to small people. It is about building inclusion. It is about connectedness to a larger world existence. It is about personal tenacity. It is about giving back more to life than you take out of it. It is about creating extra-ordinary
success with ordinary lives.
Thank you very much; I wish you good luck and God’s speed. Go! kiss the world.
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AmericanizedRamayan A young second generation Indian in the US was asked by his grandmother to explain the significance of "Diwali" to hisyounger brother, this is how he went about it... "So, like this dude had, like, a big cool kingdom and people liked him….But, like, his step-mom, or something, was kind of a bitch, and she forced her husband to, like, send this cool-dude, he was Ram, tosome national forest or something...
Since he was going, for like, something like more than 10 years or so... he decided to get his wife and his bro along.... you know...so that they could all chill out together. But Dude, the forest was reeeeal scaryshit... really man...they had monkeys and devils and shit like that. But this dude, Ram, kicked with darts and bows and arrows... so it was fine.
But then some bad gangsta boys, some jerk called Ravan, picks up his babe (Sita) and lures her away to his hood. And boy, was our man,and also his bro, Laxman, pissed... all the gods were withhim... So anyways, you don't mess with gods. So, Ram, and his bro get an army of monkeys... Dude, don't ask me how they trained the damn monkeys.... just go along with me, ok...
So, Ram, Lax and theirmonkeys whip this gangsta's ass in his own hood...Anyways, by this time, their time's up in the forest...and anyways... it gets kinda boring, you know... no TV ormalls or shit like that.
So,they decided tohitch a ride back home... and when the people realize thatour dude, his bro and the wife are back home.... theythought, well, you know, at least they deserve somethingnice... and they didn't have any bars or clubs in thosedays... so they couldn't take them out for a drink, sothey, like, decided to smoke and shit.... and since they also hadsome lamps, they lit the lamps also...so it was prettycooool... you know with all those fireworks....
Really, they even hadsome local band play along with the fireworks... and you know, what,dude, that was the very first, no kidding.., that was thevery first music-synchronized fireworks... you know, likethe 4th of July stuff, but just, more cooler and stuff, youknow.
And, so dude, that washow, like, this festival started."
In the instant case, the issue before the Bombay High Court (Court) was whether it could
sanction a scheme of arrangement for financial restructuring of capital by deviation in the accounting standard practices followed by the Company, if such a scheme is approved by majority of their shareholders. The Court sanctioned this scheme despite the
deviation in the accounting standards, since it was approved by the majority of the shareholders and was not prejudicial to the interests of the creditors and public.
Background/Facts
Hindalco Industries Limited (Petitioner), a flagship Company of the Aditya Birla Group, is a leading manufacturer of
aluminium and copper. In order to establish a wider footprint on the global scene, it has made a number of acquisitions in the past. The global economic meltdown resulted in Hindalco incurring various costs relating to organic as well as inorganic growth projects.
In its endeavour to grow further, Hindalco anticipated that it would continue to incur these costs in future, and had thus undertaken a Scheme of Arrangement(Scheme) under Section 391-394 of the Companies Act, 1956 (Act) between the Company and its shareholders.
The subject Scheme was for the purpose of making a financial restructuring exercise wherein Hindalco would create a Reconstruction
Reserve Account (RRA) and the balance lying in its Securities Premium Account would be transferred to this RRA. This RRA would then be utilised to adjust the following expenses:
Impairment , amortisation and/or write off of goodwill and other intangible assets, if any, arising on preparation of consolidated accounts of
Hindalco;
Interest and other financial charges paid./ payable on borrowings for acquisitions made by Hindalco or any of its subsidiaries and interest and
other financial charges paid/payable upon refinancing of such borrowings;
Impairment of assets/investments/intangibles in the financial statements of Hindalco and/or any of its subsidiaries;
Diminution in the value of investments in subsidiary companies in the financial statements of Hindalco and/or any of its subsidiaries;
Costs associated with existing projects/divisions in part and/or whole by Hindalco or any of its subsidiaries and financial costs associated
with delay in projects;
Consultant/ law firms fees and/or any fees payable towards professional services (say due diligence) in connection with financing /refinancing
acquisition
In order to give effect to this Scheme, the Petitioner held a meeting of the equity Shareholders of the Company. A separate
meeting of the secured & unsecured creditors was dispensed with by the Court since the Scheme did not affect the rights of creditors. The Scheme was approved by majority of Shareholders. The Company then filed a petition with the Court seeking sanction of
the scheme.
Notice of the Scheme was presented to the Regional Director, Department of Company Affairs and the Registrar of Companies,
who filed an affidavit before the Court stating that the scheme was not prejudicial to the interest of the shareholders and public. The ROC and the Bombay Stock Exchange had also given their consent for approving the Scheme.
However, the Regional Director in his affidavit referred to the objection raised by one party. It held in the affidavit
that the objection raised by the party was not tenable. However, it recommended that the Court may place some time limit for implementation of the Scheme.
Further, two more individuals also raised objections to the Scheme. The principal argument of the objectors was that it
would be difficult to find out the true and accurate position of the financial statements of the Company if adjustments of the expenses mentioned above were made against the RRA. They contended that the Scheme, if approved, would result in allowing the Company
to violate the Accounting Standards by providing adjustment against the Reserve Account instead of profit and loss account. Moreover, the Scheme did not disclose the figures of expenses to be adjusted in RRA and did not define non-operating and extra ordinary
expense.
Issue
The key issues before the Court were as follows:
1)Whether deviation from Accounting Standards is permissible?
2)Can the High Court interfere with the commercial wisdom and business decision approved by majority of shareholders in the Scheme?
Parties Contentions
Before the High Court, the Petitioner defended the terms of the Scheme and contented that the proposed Scheme was in accordance
with the provisions of Section 391(1) of the Act and not in accordance with Section 391(2) as there was no arrangement with the creditors. The Petitioner further contended that the subject Scheme would help the Company in improving its financial status and
would benefit all its shareholders/stakeholders. It also stated that the proposed Scheme would not involve any financial outlay/outgo on the part of the Company, and will be only on the nature of book entry. The creditors would in no way be affected by the
proposed Scheme as there is no reduction in the amount payable to the creditors. It was argued that in a Court approved Scheme, deviation from the Accounting Standards was permissible.
It was also contended that although the Regional Director, in his affidavit, had mentioned about placing a time limit on
the implementation of the Scheme, it did not, however, provide for any tangible reason as to why such time limit is necessitated.
Decision of the High Court
The Court set aside the objections raised by the parties and the recommendations of the Regional Director, and approved
the Scheme.
The recommendation of the Regional Director was set aside since he did not lay down any tangible reason for such decision,
and moreover there was no provision in law which necessitated such time limit.
While deciding on the issue with regard to deviation from the Accounting Standards, the Court ruled that there was
no legal bar on deviation from the Accounting Standards. The Court analyzed section 211 of the Act which provides for compliance with Accounting Standards. Sub-section (3A) stipulates that every profit and loss account and balance-sheet of the Company shall
comply with the Accounting Standards. However, sub-section (3B) permits any Company to deviate from the Accounting Standard practice followed by it
subject to the following disclosures in the P&L Account and the Balance Sheet of the Company:
-Disclosure of deviation from Accounting Standard
-Reasons thereof
-Financial effects if any
The Court held that on conjoint reading of sub-section (3A) and (3B) of Section 211, it necessarily follows that deviation
from the Accounting Standards is permissible subject, however, to compliance of the requirement of disclosure in the profit and loss account and balance sheet of such deviation and the reasons for such deviation and financial effects thereof. In other words,
deviation of accounting standards is not wholly prohibited, but is regulated by the provisions of section 211 of the Act.
The Court also analyzed the guidelines issued by the ICAI which also permits companies to change their Accounting
Standard subject to sufficient disclosures in the Balance Sheet & P&L Account.
As regards the other legal issue whether the Court could interfere with a Scheme approved by shareholders and creditors,
the Court held that it is the duty of the Court to see that the Scheme is fair and equitable between the different classes of shareholders. While considering a Scheme, the court, however, does not exercise any appellate power over the decision of the Company
or its management. Applying this principle to the instant case, the Court held that it would not interfere with the proposed Scheme of the Petitioner Company so long as it was in compliance with the relevant legal provisions.
The International Accounting Standards Board (IASB) issued today
an International Financial Reporting Standard
(IFRS) designed for use by small and medium-sized entities (SMEs), which are
estimated to represent more than 95 per cent of all companies. The
standard is a result of a five-year development process with extensive
consultation of SMEs worldwide.
Man Kills Self before Shooting Wife and
Daughter This one I caught
in the SGV Tribune the other day and called the Editorial Room and asked who
wrote this. It took two or three readings before the editor realized that
what he was reading was impossible!!! They put in a correction the next day.
Something Went Wrong in Jet Crash,
Expert Says No, really? Ya
think?
Police
Begin Campaign to Run Down Jaywalkers Now that's
taking things a bit far! Panda
Mating Fails; Veterinarian Takes Over
What a
guy! Miners
Refuse to Work after Death No-good-for-nothing'
lazy so-and-sos! Juvenile
Court to Try Shooting Defendant
See if that works
any better than a fair trial! War Dims Hope
for Peace
I can
see where it might have that effect! If Strike Isn't Settled
Quickly, It May Last Awhile
Ya
think?! Cold Wave Linked to Temperatures
Who would
have thought! Red Tape Holds Up New Bridges
You mean
there's something stronger than duct tape?Oklahoma's new construction program! Man Struck By Lightning: Faces BatteryCharge
He
probably IS the battery charge!
New Study of Obesity Looks for
Larger Test Group
Weren't they
fat enough?!
Astronaut Takes Blame for Gas in Spacecraft
That's what
he gets for eating those beans!
Local High School Dropouts Cut in Half
Chainsaw
Massacre all over again! Hospitals are Sued by 7 Foot Doctors Boy,
are they tall!
And the
winner is.... Typhoon Rips through Cemetery; Hundreds Dead
Some, rather most organizations reject his CV today because he haschanged jobs frequently (10
in 14 years). My friend, the ‘job hopper’(referred here as Mr. JH), does not mind it….
well he does not need tomind
it at all. Having worked full-time with 10 employer companies injust 14 years gives Mr. JH
the relaxing edge that most of the ‘companyloyal’ employees are struggling for today.
Today, Mr. JH too is laidoff
like some other 14-15 year experienced guys – the difference beingthe latter have just worked
in 2-3 organizations in the same number ofyears. Here are the excerpts of an interview
with Mr. JH:
Q: Why have you changed 10 jobs in 14 years?
A: To get financially sound and stable before getting laid off the second time.
Q: So you knew you would be laid off in the year 2009?
A: Well I was laid off first in the year 2002 due to the first globaleconomic slowdown. I had not
got a full-time job before January 2003when the economy started looking up; so I had struggled
for almost ayear
without job and with compromises.
Q: Which number of job was that?
A: That was my third job.
Q: So from Jan 2003 to Jan 2009, in 6 years, you have changed 8 jobsto make the count as 10 jobs
in 14 years?
A: I had no other option. In my first 8 years of professional life, Ihad worked only for 2
organizations thinking that jobs are deservedafter lot of hard work and one should stay
with an employer company tojustify
the saying ‘employer loyalty’. But I was an idiot.
Q: Why do you say so?
A: My salary in the first 8 years went up only marginally. I could notsave enough and also, I had
thought that I had a ‘permanent’ job, so Ineed not worry about ‘what will I do if I
lose my job’. I could neverimagine
losing a job because of economic slowdown and not because ofmy performance. That was January 2002.
Q: Can you brief on what happened between January 2003 and 2009.
A: Well, I had learnt my lessons of being ‘company loyal’ and not‘money earning and saving loyal’.
But then you can save enough onlywhen
you earn enough. So I shifted my loyalty towards money making andsaving – I changed 8 jobs in
6 years assuring all my interviewersabout
my stability.
Q: So you lied to your interviewers; you had already planned to changethe job for which you were
being interviewed on a particular day?
A: Yes, you can change jobs only when the market is up and companiesare hiring. You tell me –
can I get a job now because of the slowdown?No. So one should change jobs for higher
salaries only when the marketis
up because that is the only time when companies hire and can affordthe expected salaries.
Q: What have you gained by doing such things?
A: That’s the question I was waiting for. In Jan 2003, I had a fixedsalary (without variables)
of say Rs. X p.a. In January 2009, mysalary was 8X. So assuming my salary was Rs.3 lakh p.a. in Jan
2003,my last drawn
salary in Jan 2009 was Rs.24 lakh p.a. (withoutvariable). I never bothered about variable as
I had no intention tostay
for 1 year and go through the appraisal process to wait for thecompany to give me a hike.
Q: So you decided on your own hike?
A: Yes, in 2003, I could see the slowdown coming again in future likeit had happened in 2001-02.
Though I was not sure by when the nextslowdown would come, I was pretty sure I wanted a ‘debt-free’
lifebefore being laid
off again. So I planned my hike targets on a yearlybasis without waiting for the year to
complete.
Q: So are you debt-free now?
A: Yes, I earned so much by virtue of job changes for money and spentso little that today I have
a loan free 2 BR flat (1200 sq. feet) plusa loan free big car without bothering about
any EMIs. I am laid offtoo
but I do not complain at all. If I have laid off companies formoney, it is OK if a company lays me off
because of lack of money.
Q: Who is complaining?
A: All those guys who are not getting a job to pay their EMIs off arecomplaining. They had made
fun of me saying I am a job hopper and donot have any company loyalty. Now I ask them
what they gained by theircompany
loyalty; they too are laid off like me and pass comments to me– why will you bother about us, you are
already debt-free. They werestill
in the bracket of 12-14 lakh p.a. when they were laid off.
Q: What is your advice to professionals?
A: Like Narayan Murthy had said – love your job and not your companybecause you never know when
your company will stop loving you. In thesame lines, love yourself and your family
needs more than thecompany’s
needs. Companies can keep coming and going; family willalways remain the same. Make money for
yourself first andsimultaneously
make money for the company, not the other way around.
Q: What is your biggest pain point with companies?
A: When a company does well, its CEO etc will address the entirecompany saying, ‘well done
guys, it is YOUR company, keep up the hardwork, I am with you.” But when the slowdown
happens and the companydoes
not do so well, the same CEO Etc will say, “It is MY company andto save the company, I have
to take tough decisions including askingpeople to go.” So think about your financial
stability first; when youget
laid off, your kids will complain to you and not your boss.
The Delhi High Court has on
April 18, 2009 struck down the levy of service tax on renting of immovable
property as "unconstitutional"
India, Republic of (Press Release) April 18,
2009 --
The Delhi High Court has today struck down the levy of service tax on renting of
immovable property as "unconstitutional", while deciding 26 writ
petitions of different petitioners, by a combined order. The division bench of the Delhi High
Court comprised of Mr. Justice Badar Durrez Ahmed and Mr. Justice Rajiv
Shakdher observed that service tax shall not be levied on renting of immovable property.
Alishan Naqvee, Advocate, LexCounsel Law Offices, who represented his clients
in two of the petitions disposed off today, tells that the category of
"renting of immovable property service" was introduced by the Finance Act of 2007. This, in effect brought renting,
letting, leasing, licensing or other similar arrangements of immovable property
for use in the course of furtherance of business and commerce, within the service tax net with effect from June 1,
2007. This new levy severely impacted business models across India as most
of the rent arrangements did not even stipulate it beforehand.
The businesses across India opted to en masse challenge
the constitutionality of levy of service tax on rent, on the primary grounds
that renting does not involve any service, and the
Central Government is not empowered to tax consideration for transfer of rights
in immovable property, being a state subject as per the Constitution of India.
Few High Courts, including the High Court of Mumbai, Delhi,
Gujarat, Andhra Pradesh, Kolkata and Chennai
reportedly granted interim reliefs to the petitioners from payment of service
tax until final disposal of their matters. The stays were however granted
subject to undertakings by the petitioners, mainly tenants, to deposit the
service tax amount with the Government if the tax was ultimately held
constitutional. The Delhi High Court however
is the first High Court to deliver the final order in the matter that would
have persuasive value for the other High Courts.
The detailed order of the Delhi
High Court is expected to be available within the next couple of working days. One issue that needs to be seen is whether the Delhi
High Court has expressly limited the applicability of its judgment to its
territorial jurisdiction. Notably, while granting interim orders, the
Delhi High Court had expressed that the stays would be operative within the
territorial jurisdiction of the Court. Consequently, a number of petitioners,
having operations in multiple states, were constrained to knock at the doors of
the other High Courts.
To avoid multiplicity of litigation, the Union
of India preferred a transfer petition to the Supreme Court of India seeking
transfer of all writ petitions pending before different High Courts of India,
to the Delhi High Court for single window adjudication.
It is open for the Government to prefer an appeal before the Supreme Court of
India, challenging the decision of the Delhi High Court. The judgment however
delivers great relief to the business by helping liquidity in the current times.
In
exercise of the powers conferred by section 295 read with section 44AB of the
Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby
makes the following rules further to amend the Income-tax Rules, 1962, namely :
1.(1) These rules may be called the Income-tax (Tenth Amendment) Rules, 2009.
(2)
They shall come into force on the date of their publication in the Official
Gazette.
2. In
the Income-tax Rules, 1962, in Appendix II, in Form No. 3CD, after item 17, the
following shall be inserted, namely :
17A.
Amount of interest inadmissible under section 23 of the Micro, Small and Medium
Enterprises Development Act, 2006
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Assist in setting up an enhanced KYC and AML framework in line with local regulatory requirements and Group standards across all product groups.
Assist management in their responsibility for complying with the relevant Anti Money Laundering (AML) laws and regulations, including the provision of guidance, advising on and signing off new products and initiatives from an ML control perspective.
Monitor changes to business practices and products to ensure that procedures and controls are adequate to cover ML risks and monitor and check for adherence to AML procedures and controls.
Manage ML risk by implementation of ongoing regulatory and Group guidelines on KYC policies and procedures, providing local guidance on the same.
Assist Head CMP & Legal in handling AML queries received from regulatory authorities in a manner that minimises reputational and legal risk
Job Requirement:The candidate must have a minimum of 5-8 years of relevant experience .
Our Clients are looking for Only Mumbai based candidates.
Pls share your updated resume at alexander@pylonmc.com and you can reach me on +919900402500 / 080 - 40221642 for any clarifications.
Leave
out freight, insurance in excise calculation: SC
Press
Trust of India
Posted: 2009-04-09 23:07:20+05:30 IST
Updated: Apr 09, 2009 at 2307 hrs IST
New Delhi: The Supreme Court has held that
freight and insurance charges are not to be taken into account in determining
the value of goods for imposing excise duty.
A Bench
headed by Justice S B Sinha, while dismissing the Commissioner of Central
Excise’s appeal, asked the (Excise) Department to pay Rs 25,000 to a
manufacturer of electronic meters, Accurate Meters Ltd, towards the
counsel’s fee.
“...
[W]e have no doubt ... that the tribunal (Customs, Excise and Service Tax
Appellate Tribunal) (was) correct in the view that the amount claimed by way of
transportation charges and insurance cannot be considered for determining the
value of the electric meters supplied,” the Bench stated.
The
tribunal in its ruling had turned down the Excise Department’s plea. The
apex court judgment had come on an appeal by the Central Excise Department
against Accurate Meters Ltd, which had entered into contracts with various
state electricity boards (SEBs) for supplying electric meters.
While the
value of goods was to be fixed at the factory gate, it was decided between the
parties that average freight and insurance were to be charged and not on
actuals. According to the court, there were two separate contracts— one
for the sale of electric meters, governed by the Sales of Goods Act, and the
other governing the transportation of goods.
Neha Pal
Posted: 2009-04-01 00:27:13+05:30 IST
Updated: Apr 01, 2009 at 0027 hrs IST
New Delhi: In a move that would hike India
Incs' profits by as much as 25%, the ministry of corporate affairs (MCA) on
Tuesday issued the notification of ‘relief from provisions of Accounting
Standard 11 (AS-11)’ ensuring that companies are able to make necessary
changes in the financial statements ending March 31, 2009.
This
means that Indian companies have got relief from showing the foreign exchange
losses suffered during the year, something which the industry had been
clamouring for a long time. According to the ministry’s estimates given
the fact that the Indian Rupee depreciated by almost 25% in the current financial
year, the measure is going to increase the net profits by as much as 27% from
what it would have otherwise been.
A MCA
official told FE , “The relief from provisions of AS-11 has been
notified. The ministry’s objective is to resolve the AS-11 controversy
and provide a transitional arrangement to enable a smooth transition to
international financial reporting standards (IFRS) from April 1, 2011”.
The MCA has said that this was the transitional period and companies must be
given an option of whether to follow
AS-11 or
schedule VI of the Companies Act, 1956.
While
Schedule VI of the Companies Act, 1956, allows foreign exchange fluctuations to
be adjusted in the cost of fixed assets, for which foreign currency loans were
raised,
AS-11
requires companies to make mark-to-market provisions in their profit and loss
accounts on account of fluctuations in foreign exchange rate.
Welcoming
the move, Prabal Banerjee, CFO, Hinduja Group told FE , “India Inc will
be very happy and I am sure that if they have to choose between AS-11 and
schedule VI of the Companies Act 1956, they will definitely go in for schedule
VI. I don’t think that the accounting standards should be changed
depending on whether it’s a good time or bad time but AS-11 was not a
rational approach at all”.
Anil
Saxena, group chief financial officer, Religare Enterprises Ltd had earlier
told FE ,” This is a great support because these are extraordinary times
hence require extra-ordinary support from the government. In a way such losses
might communicate a wrong picture of the company to long-term
investors”.However, there are some discordant voices as well. Vinod
Aggarwal, CFO, Eicher Motors said, “ I don’t think that it is an
appropriate decision because while the rupee was appreciating all the companies
preferred AS-11 and now when times are tough, companies are taking refuge under
Schedule VI”.
The CII
had earlier this month urged the government seeking relief from AS-11 standards
but the accounting regulator, Institute of Chartered Accountants of India
vehemently opposed the proposal stating that accounting standards were framed
for proper disclosure and they shouldn’t be moulded according to
circumstances
FYI………………please be aware of all this and please VOTE!!!
If only 30% poll then any ruling party who gets 1/3rd
i.e. 10% votes will rule. This 10% they get from the slums and therefore they address
only their needs. If we all vote and spread the message so that others also
vote, the polling % can go from 30% to 60% and 1/3rd would be 20%.
To get this additional 10% they would have to come to us and consider our needs
too. This would ensure wellness for a cross section of the society. Therefore
VOTE!!
We cultural, educated, having good jobs people who are supposed to
be contributing to the treasury of the Govt. are shockingly ignorant of facts and
go by what the media says. The reality is sadly just the opposite. Please read
facts below.
Also, I got an sms today which said that “Central Govt. has no
account of Rs. 51,000 crores. Please find out more on www.cag.gov.in. Please read Chapter 2. Please
let everyone know of such blatant swindling of our money. Please pass this
message”.
Every major city in India has been attacked consistently over the last two
years.
Since 2004, 3850 Indians have died in Terror attacks in over 3000 incidents.
Is the common Indian on the streets really safe ?
Did you know that on the day of the Mumbai
train blasts, the Government gave Rs 150 crores for earthquake relief in
Pakistan ? Last year our Govt. has given Rs 3000 crores (600 Million Dollars)
to Afghanistan? This, when victims of terror in India have not yet got aid?
Whats going on?
B) Is this Government really secular ?
1) When Madrasas are being shut down in Pakistan, the Indian Government is
giving them CBSE status !! It is depriving Muslim children in getting secular
education. A Madrasa educated person can get a job in any government office
without going through the secular education system. Can India afford to have
fundamentalists in government departments? Why cannot the government shut down
Madrassas and let Muslim children study with the rest?
2) Our Government has given 25 lakh scholarships ONLY to minority students.
What sin have the majority done not to deserve these?
Why cannot poor students of all communities be given scholarships instead of
only Muslim children?
3) Thanks to the Congress led Government, out of 36000 temples in Andhra
Pradesh, 28000 have closed down in the last five years. Do you want the same
trend to continue in other parts of the country? Do you want a Nagaland type of
situation in the whole of India? While government controls most of the Hindu
temples, the minority community has had full freedom to organize their
religious bodies. The minority communities now have the first right over
resources. Is this not a blatant violation of fundamental rights of the
majority community?
4) Why have the minorities in Nagaland, Mizoram & Kashmir not got the similar
privileges like the minorities in other states? Why is the Govt following
different rules for different religions?
C) Is this government really making friends or enemies for India ?
Thanks to a weak and visionless foreign policy, India has created enemies all
around. By the Home Ministers own admission : "India is surrounded by a
circle of fire". Rajiv Gandhi's vision of a powerful "SAARC" is
now defunct.
1) Today, India commands little respect from all its neighbours, despite being
the largest democracy in the world.
2) Terrorism has engulfed the country from inside and outside. Of course
Pakistan,the motherland of international terrorism continues to be a big
threat.
3) China has territorial ambitions on India.
4) Nepal, is now being headed by a Maoist government and is ideologically more
aligned to China. While India helped to dismantle the dynastic rule in Nepal
our own Government surreptitiously supports dynastic rule within its own party.
5) Myanmar is increasingly aligning with Chinese forces with huge Chinese
investments in that region.
6) Indian Policies in Srilanka have made Tamil Nadu burn. Will Tamils ever
forgive India for encouraging military assault rather than facilitating
peaceful dialogue on their north and north east regions.
7) Bangladesh continues to repeatedly aid and abet terrorism.
D) Is this Government really pro-poor?
The number of people living below the poverty line has increased by a
horrifying 20 per cent. India had some 270 million people below the poverty
line in 2004-2005, when the present Government took office. That number has
gone up by 55 million, or 20 per cent!
E) Does this Government really care about the nation?
The Pakistani flag is now being hoisted in five districts of states like Assam
where the Muslim population has gone up significantly. 92000 Hindu and 6000
Christians are now languishing in refugee camps. The government has turned a
blind eye to this.
In the name of security, innocent people have been put in jails, whereas people
like Yaasin Malik who has 23 murder charges on him, are moving Scot free and
gathering their own strength. Is it acceptable to any patriotic Indian?
Can the Congress led UPA promise a non-muslim CM in J&K ? Reservation for a
Hindu student in Nagaland ? If so, we wholeheartedly support them. Otherwise
they should sit at home the next few years and rethink their policies.
Can our politicians stop stooping down to any lengths just for money and power
? Like Mr.Sharad Pawar, who first ditched the Congress and then ditched the
people and aligned back with the Congress, just to be in power.
Dont be deceived. What appears to be communal is not communal, and what appears
to be secular is not secular. It is time we change our thinking.
Having said all this even BJP has not proved to be any better.
But for now we need a change. Let us choose the lesser of the two evils.
The same party brought to power again and again means encouraging unabated
corruption.
Stand up for this most tolerant and ancient civilization and prevent this great
nation from becoming a communal battleground. As citizens of India we must vote
for change.
From the moment people started using passwords, it didn’t take long to realize how many people picked the very same passwords over and over. Even the way people misspell words is consistent. In fact, people are so predictable that most hackers make use of lists of common passwords just like these. To give you some insight into how predictable humans are, the following is a list of the 500 most common passwords. If you see your password on this list, please change it immediately. Keep in mind that every password listed here has been used by at least hundreds if not thousands of other people.
There are some interesting passwords on this list that show how people try to be clever, but even human cleverness is predictable. For example, look at these passwords which are a little interesting:
ncc1701: The ship number for the Starship Enterprise
thx1138: The name of George Lucas’s first movie, a 1971 remake of an earlier student project
qazwsx: Follows a simple pattern when typed on a typical keyboard
666666: Six sixes
7777777: Seven sevens
ou812: The title of a 1988 Van Halen album
8675309: The number mentioned in the 1982 Tommy Tutone song. The song supposedly caused an epidemic of people dialing 867- 5309 and asking for “Jenny”
Approximately one out of every nine people uses at least one password on the list shown in the table below!! And one out of every 50 people uses one of the top 20 worst passwords.
Here’s the list of top 500 worst passwords of all time, not considering character case:
It's a fine sunny day in the forest and a lion is sitting outside his cave, lying lazily in the sun. Along comes a fox, out on a walk.
Fox: "Do you know the time, because my watch is broken"
Lion: "Oh, I can easily fix the watch for you"
Fox: "Hmm… But it's a very complicated mechanism, and your big claws will only destroy it even more"
Lion: "Oh no, give it to me, and it will be fixed"
Fox: "That's ridiculous! Any fool knows that lazy lions with great claws cannot fix complicated watches"
Lion: "Sure they do, give it to me and it will be fixed"
The lion disappears into his cave, and after a while he comes back with
the watch, which is running perfectly. The fox is impressed, and the lion continues to lie lazily in the sun, looking very pleased with himself. Soon a wolf comes along and stops to watch the lazy lion in the sun.
Wolf: "Can I come and watch TV tonight with you, because mine is broken"
Lion: "Oh, I can easily fix your TV for you"
Wolf: "You don't expect me to believe such rubbish, do you? There is no way that a lazy lion with big claws can fix a complicated TV"
Lion: "No problem. Do you want to try it?"
The lion goes into his cave, and after a while comes back with a perfectly fixed TV. The wolf goes away happily and amazed.
Scene: Inside the lion's cave. In one corner! Are half a dozen small and intelligent looking rabbits who are busily doing very complicated work with very detailed instruments. In the other corner lies a huge lion looking very pleased with him self.
Moral:
IF YOU WANT TO KNOW
WHY A MANAGER IS FAMOUS; LOOK AT THE WORK OF HIS SUBORDINATES. Management Lesson
In the context of the working world:
IF YOU WANT TO KNOW WHY SOMEONE UNDESERVED IS PROMOTED; LOOK AT THE WORK OF HIS SUBORDINATES. ..
Story 2:
It's a fine sunny day in the forest and a rabbit is sitting outside his burrow, tippy-tapping on his typewriter. Along comes a fox, out for a walk.
Fox: "What are you working on?" Rabbit: "My
thesis."
Fox: "Hmm... What is it about?" Rabbit: "Oh, I'm writing about how rabbits eat foxes."
Fox: "That's ridiculous! Any fool knows that rabbits don't eat foxes!" Rabbit: "Come with me and I'll show you!"
They both disappear into the rabbit's burrow. After few minutes, gnawing on a fox bone, the rabbit returns to his typewriter and resumes typing.
Soon a wolf comes along and stops to watch the hardworking rabbit.
Wolf: "What's that you are writing?" Rabbit: "I'm doing a thesis on how rabbits eat wolves."
Wolf: "you don't expect to get such rubbish published, do you?"
Rabbit: "No problem. Do you want to see why?"
The rabbit and the wolf go into the burrow and again the rabbit returns by himself, after a few minutes, and goes back to typing.
Finally a bear comes along and asks, "What are you doing?
Rabbit: "I'm doing a thesis on how rabbits eat bears."
Bear: "Well
that's absurd! "
Rabbit: "Come into my home and I'll show you"
Scene: As they enter the! Burrow, the rabbit introduces the bear to the lion.
Moral:
IT DOESN'T MATTER HOW SILLY YOUR THESIS TOPIC IS; WHAT MATTERS IS WHOM YOU HAVE AS A SUPERVISOR. Management Lesson
In the context of the working world:
IT DOESN'T MATTER HOW BAD YOUR PERFORMANCE IS; WHAT MATTERS IS WHETHER YOUR BOSS LIKES YOU OR NOT...
.
Get rid of Add-Ons in your email ID. Get yourname@.... Sign up now!
Notification No 8/2009 – ST dated 24.02.2009 has been issued
to exempt the service tax that is in excess of 10%.
On the other hand this is reduction of service tax rate from the existing rate of 12% to 10%.
1.What is the effective date for the new rate?
Ans. The new rate is effective from
24.02.2009 on all services.
2.Whether all the receipts that is to be received after 24.02.2009 is
taxable at 10%?
Ans. No, the receipts pertaining to service provided after
24.02.2009 is liable for service tax at 10% and not for the
receipts pertaining to service provided prior to that rate.
3.In case the service is provided on 10.02.2009 and the bill is also raised
on the same day charging service tax at the rate of 12%, and
amount is to be realized in March. At what rate service tax has to be paid to the department?
Ans. It is very important to note that in case of service tax, the point of levy is on the service
provided and point of collection is on realization. Therefore the service tax has to be paid at the rate prevailing at
the time of provision of service on the date of realization. Therefore the service tax has to be paid at 12%.
4.In case consideration was received in advance and the service tax was paid on the same at 12% for the service
to be provide in March 2009, whether service tax can be refunded?
Ans. Any service provided or to be provided is covered under
the taxable service. Therefore when the consideration is received in advance
for provision of certain service, it is deemed taxable service that is
provided, therefore the same is not eligible for refund.
5.In case the bill is to be raised on 25.02.2009 for the service provided
on 10.02.2009, then the service tax has to be charged at what
rate?
Ans. The date of billing is not the criteria for deciding
the rate of service tax, but the rate prevailing on the date of
provision of service ( completion of service) is rate to be adopted. In this
case since the service was provided on 10/02/2009, when the rate of service tax was at 12%, therefore 12% has to be charged
although billed and to be realized after 24.02.2009. However services provided
from 10th till 25th Feb would be at 10%.
6.X, a security agency has to Rs. 3000 for its client for proving the
taxable service for the month of February 2009.How the service tax has to be charged?
Ans. In such case the consideration has to be bifurcated
from 01.02.2009 to 24.02.2009 and has to charge service tax at 12% (Rs. 2379) and for the balance at
10%
7.In case an ongoing turnkey or a composite contract. How the rate
reduction is to be given effect?
Ans. In case of turnkey or a composite contract the works
executed till 23.02.2007 has to be charged at 12% and the work done there after
can be charged at 10%. Usually the time gap between the completion of work and
raising of RA Bills (Running Bill) will be more than 30days, therefore the bill
raised after 24.02.2009 can also have 12%. No changes if opted for composition.
8.In the construction industry, usually the retention amount shall be with
hold by the principle and shall be released only after the completion of the
project. Now if the retention pertaining to RA Bills raised prior is 24.02.2009
is paid in March 2009, at what rate service tax has to be paid?
Ans. Since the service tax has to be paid on the rate applicable as on
the date of provision of service for the retention amount paid in March 2009 service tax has to be paid at 12% itself.
9.Whether there is any reduction in composition rate of service tax of 4% for the contractors and also the special
rate of 0.6 and 1.2 in case of Air travel agent?
Ans. No, there is no any reduction in these special rates of
service tax. However rates that arise out of the abatement
under 1/2006-ST dated 01.03.2006 will change accordingly.
10.Whether the rate reduction is applicable in case of Import of Service
also?
Ans. Yes, this if for the reason that section 66A deems the
service provided in case of import of service as taxable service in the hands
of recipient and all the provision of the Chapter V is applicable for the same.
Since the reduction is by way of exemption to section 66, reduction is
applicable to import of service also.
Case
Rate prevailing at the time of
provision of service
Rate prevailing at the time of
Billing/Invoicing
Rate prevailing at the time
Realization of the consideration
This is to inform the members that Insurance Institute of India has decided to grant exemptions in the Licentiate, Associateship and Fellowship papers of its course curriculum to the members of our Institute in general and DIRM qualified members in particular. The exemption has been granted to the members of our Institute from the following subjects: * Paper No. 12
Insurance Business Environments * Paper No. 21 Information Technology * Paper No. 26 Life Assurance Finance * Paper No. 89 Management Accounting and * Paper No. 99 Asset Management In addition to the above, a DIRM qualified member shall be granted additional exemptions from the following subjects: * Paper No. 01 Principles of Insurance * Paper No. 11 Practice of General Insurance * Paper No. 82 Statistics These exemptions will be granted on the basis of certain terms & conditions. For further details in this regard, please contact CoIP Secretariat at 011-30110566 or write at coip@....
If you
are planning to invest in NABARD’s Bhavishya Nirmaan Bond, Please have a
look at this & then take decision. & also inform others.
Return /yield of 12.86%offered by NABARD on its Bhavishya
Nirman Bond is equivalent to FD
placed @ 8.30% - 8.62%.
Please see the excel file attached for
computation how NABARD has done vis--vis return on FD @ 8.30% - 8.62%.
Thanks &
Regards,
Ripan Gada
Mobile: +91 99870 62727
From: Monshi Dedhia
[mailto:mdedhia@...] Sent: Monday, March 02, 2009 4:43
PM Subject: Bhavishya Nirman Bond
from Nabard
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email with all information contained herein or attached hereto may contain
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If you have received this email in error, please contact the sender and
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Dear
All, Plz. find enclosed a excel file having / attaching links of 1074 Acts in Force in India. Hope you find it useful.
Please check its last
updating date before using the same.