the institute of chartered accountants of...
TRANSCRIPT
The Institute of Chartered Accountants of India
CIRC Newsletter August 2018
(Set up by an Act of Parliament)
PRAKALP - 2018
BEGINNING OF NEW ERA
Hima Das an Indian sprinter,
became the first Indian track athlete to hold
a global title on winning the Gold medal at the
World U-20 Championships 2018 at
Tampere, Finland, in Women's 400m with
a time of 51.46 seconds.
On this Achievement, We Wish You Hearty
May Ur Life Always
Shower U With Such
Great Success &
Happiness
Congratulations,
Well Done......
The 39th Reg i o na l
Conference of CIRC of
ICAI will be organised on
18th and 19th August
2018 at Ghaziabad.
As this is the. main event
of CIRC, we would like to
invite you to kindly attend
the same and request you
to kindly block your dates
for the event
The detailed circular and
information are given
inside this newsletter &
also
uploaded at
www.cirrc-icai.org
Respected Professional Colleagues,
It has been a great
learning experience
for me whenever I
in teract wi th my
p r o f e s s i o n a l
colleagues, be it in a
p r o g r a m m e o r
through other modes
of communication.
These interactions
instill in me greater amount of confidence,
inspiration, energy and an urge to offer the
best services to our members and students. I,
with the unstinted support received from my
colleagues in the Regional Council,
rededicate myself to the cause of the
profession and continue to serve to the
expectations of our members.
The CA Foundation Day was celebrated on 1st
July throughout the country. This year's
celebrations were historic for us, as we had the
Hon'ble President of India, Shri Ram Nath
Kovind launching the Platinum Jubilee
Celebrations of ICAI in New Delhi. The joy of
witnessing this proud movement was doubled
as he stated that the success of ICAI is the
success and the pride for the country.
We are proud to be known in the society as
members of ICAI and therefore 1st July is an
occasion for celebrating the founding day of
ICAI. ICAI had chalked out several
programmes to be organised befitting the
occasion. ICAI, its wings the Regional
Councils, Branches of Regional Councils,
CPE Study Circles, CPE Chapters, CPE Study
Groups, CPE Study Circles for Members in
Industry and Overseas Chapters would utilize
this celebration to showcase our contribution
to the Nation.
CIRC and all its Branches in Central Region
have celebrated the occasion with gay and
gaiety and welfare activities are also part of the
celebrations like conducting Blood Donation
Camp, helping the needy with cloths and
books by visiting identified institutions, etc.,
CIRC invited members with family and
students to participate in the day long
Chartered Accountants Day Celebrations at
Kanpur office also and at all other places
referred herein above in the Region.
CIRC is well-known for its effective
administrative mechanism now and we at the
helm of affairs have been constantly
monitoring and improving the standards to
serve the members and students of our
Region. We have a robust Website to
disseminate the information of various
programmes and a hassle free system for
online registration for all our programmes. I, at
this point, take this opportunity to thank the
members and students for supporting our
technological initiative from the conventional
registration to that of online registration.
The 39th Regional Conference is scheduled
on the 18th and 19th August, 2018. The details
are in this edition and we request members to
kindly attend and gain from the broad
spectrum of topics covered. In this Regional
Conference find your passion, learn how to a
value to it, and commit to a lifetime of learning.
I am sure that the conference will provide
From the Desk of Chairman...CA. Gyan Chandra Misra
Chairman, CIRC of ICAI &Chief Editor CIRC Newsletter
CIRC Newsletter www.circ-icai.org 02August 2018
newer dimensions to our professional
capabilities by getting familiarized to emerging
milieu.
I am sure that galaxy of personalities, council
members as well delegates will contribute to
the success of the conference. Also the
members will largely be benefited when the
eminent speakers will discuss their subjects.
The results of CA Exams were declared
recently. On behalf of the CIRC, I congratulate
the students who cleared their Final CA Exams
and are now proud members of ICAI. We wish
them luck and success in all their future
endeavours. We also welcome the students
who have cleared the Foundation and CPT
exams.
I wish all of you a very Happy Independence
Day. “On this special day, you can enjoy
freedom, and not only keep them in our
Constitution, but you can rejoice in God's true
silk blessings in your thoughts and your mind
and make a decision to evaluate each other.
Our country and be a true national for those
who sacrificed their lives to save our country.”
Wish you all a Happy Independence Day.
From the Desk of Chairman...
CIRC Newsletter www.circ-icai.org 03August 2018
(CA. Gyan Chandra Misra)Chairman (CIRC of ICAI)M.Com, FCA, ACSMobile No. : 9810816012Email : [email protected]
With warm regards,
Respected Professional Colleagues,
It is my privilege to
write to you in this
month f rom th is
prestigious office. I
a m e x t r e m e l y
p r i v i l e g e d a n d
honoured. But at the
s a m e t i m e t h i s
honour brings with it
many a responsibility
which I have to execute. But it is my firm belief
that I could take this pressure when it comes to
working.
In this context I remember a famous quote by
Ralph Waldo Emerson that “What lies behind
us and what lies before us are tiny matters
compared to what lies within us”. Taking
inspiration from this quote I walk into my
workplace amidst all your greetings thinking
that now it is the time that I have to work for my
professional brethren. I will be thankful to you if
you provide me necessary suggestions which
will be for the betterment of the Profession. We
continue to do our best in identifying the new
areas of professional opportunities and all my
colleagues in the Regional Council are
undertaking efforts in this. I also urge
members at large to share about new
prospects which they identify, for the benefit of
all.
Success is achieved by development of our
strengths, not by elimination of our weakness
– Marilyn Vos Savant. I would really like to
stress again, that we professionals will be
playing a pivotal role in the nation building, not
only to bureaucrats but to industrialists as well
as emerging sectors. We so need to gear up
with remarkable efficacy since a sea of
changes will be hitting us and with the wave of
dynamism in the air, it would not be wrong to
say that we are moving towards a change. The
need of this hour is to hold the element of
leadership and in influence very high, while
exploring new professional horizons and
paradigms with our time tested tradition of
professional excellence, ethics and integrity in
the service to our nation.
It is imperative that the Profession is passing
through a crucial phase of restructuring, up
gradation, value addition, diversification and
global integration. We at CIRC believe that
acquisition of knowledge is a continuous
process and Chartered Accountants are
willing and interested to participate in this
process in order to remain professionally
viable and meaningful. Professional
engagements for Chartered Accountants are
increasing day by day and hence each day is a
test for us to achieve success and emerge
victorious.
Years of existence, the accountancy function
continues to play a strategic role in providing
value added services to the stakeholders and
takes key leadership roles. In July we have
celebrated CA Day as a part of our tradition
laid down by the forefathers of our profession.
This year the occasion was all the more
special as ICAI entered in its Platinum Jubilee
Year during this year. As we enter the Platinum
Jubilee Year, it's time to renew our
commitment to resolve to continue to serve
our nation and other stakeholders in the spirit
CIRC Newsletter www.circ-icai.org 04August 2018
(CA.Rohit Ruwatia Agarwal)Vice Chairman, CIRC of ICAI& Editor CIRC Newsletter
From the Desk of Vice Chairman...
of Excellence, Independence and Integrity.
With the introduction of the month of August,
we are stepping into the month of the biggest
professional festival of CIRC – Regional
Conference to pronounce. The elegant and
the dignified – Regional Conference stay's
ahead and exclusive in all aspects. Details of
the programme has already been given in the
CIRC website and also given in this
newsletter. We request your whole-hearted
participation.
Wish you all a Happy Independence Day.
CIRC Newsletter www.circ-icai.org 05August 2018
Mobile: 9571799999Email : [email protected]
CA.Rohit Ruwatia AgarwalVice-Chairman,CIRC of ICAI
From the Desk of Vice Chairman...
With warm regards,
Respected Professional Colleagues,
Pandit Jawahar Lal
Nehru addressing the
constituent Assembly
midnight August 14,
1947 said “ At the
stroke of midnight
hour, when the world
sleeps, India wi l l
awake to life and
f r eedom…At t h i s
solemn moment, we
take the pledge of dedication to the service of
India and her people and to the still longer cause
of humanity…..” Friends, Happy Independence
day. On this auspicious occasion, we should
reaffirm the pledge. We salute to those who
sacrificed everything, even their lives. It's time
again to pay homage to their soul. The
compulsion always was to think big, offer the
best and all else would follow. Today, we once
again dedicate ourselves to this strong beliefs
and values.
As a community of accounting profession, it is
our duty and our particular skill to help bring
about accountability and transparency. These
two items require a greater stress on the
application of standards and a greater degree of
ethicality. To what extent the community
responds to the challenges of financial reforms
is something that will perhaps be the first
determinant of the success of reforms
themselves.
Friends, CIRC is organizing its 39th Regional
Conference at Ghaziabad on 18th and 19th of
August, 2018. I invite all of you to make this
conference a major mile stone for development
and growth of our noble profession.
Friends, no professional can survive and
compete without acquiring and updating
knowledge and then using that knowledge for
economic goal. This becomes imperative when
we face competition and for this we will have to
redefine our position to ensure that the
opportunities are optimally used and we are well
equipped to discharge the professional
functions. The knowledge era provides the
opportunities to leap frog the initial stages of
growth. For this, we need to enhance our skill,
knowledge and prepare for tomorrow.
It is my firm belief that we can take our Institute
and our profession forward in the world if all of us
remain committed to our ideals and code of
ethics. All the promises that our profession
makes are firmly rooted in the belief of ethical
performance at all times by the members of the
Institute. We must constantly rededicate
ourselves to that. So, come forward and join
hands for the progress and prosperity of the
profession.
CIRC Newsletter www.circ-icai.org 06August 2018
From the Desk of Secretary... (CA. Pramod Kumar Boob)Secretary, CIRC of ICAI
With warm regards,CA. Pramod Kumar BoobMobile: 9829015993Email: , [email protected]
With warm regards,
CIRC Newsletter www.circ-icai.org 07August 2018
Pg. 02 - 03
Pg. 04 - 05
From the Desk of Chairman
From the Desk of Vice Chairman
Pg. 06 From the Desk of Secretary
Expressions
Compliance Pg. 08 - 09
Pg. 10 - 12
Pg. 13 - 17
"Compliance Check"- August 18. By: CA. Harsha Ramani
Papers
Announcements
Events
Pg. 18 - 24
Pg. 37 - 46
Editorial Board
New LandlineNumbers of KanpurOffice
Pg. 52
Pg. 47 - 51
Legal
Pg. 25 - 36
August 2018IN THIS ISSUE...
Future of lease accounting Ind AS 116: Leases: By: CA. Nirmal Kumar Jain
World Trade Organisation. By: CA. Rakesh Choudhary
Legal Updates. By: CA. Arjit Agarwal
CIRC Newsletter www.circ-icai.org 08August 2018
There are various
s ta tu tes , by laws ,
gu ide l ines, ru les ,
regulations and norms
prescribed by the
various Regulating
A u t h o r i t i e s l i k e
Ministry of Corporate
Affairs, Securities and
Exchange Board of
India and Reserve Bank of India etc. They are
required to be complied with in true spirit and
purpose, so that all stakeholders derive the
benefit due to them and also avoid the
unwarranted legal actions from regulatory
authorities. So it's a small effort for bringing the
compliance dates together for this newsletter.
This compliance calendar summarizes
important tax (direct & indirect both) reporting
and filing due data with forms specification for
individuals, businesses and other taxpayers for
the month of August, 2018. Hope the reader will
find the same useful."
"Compliance Check"- August 2018CA. Harsha Ramnani
S. No.
Due Date Compliance Form to be filled
Related Statute
1 August 07,
2018
Due date for deposit of Tax deducted/ collected for the month of July, 2018. However, all sum deducted/collected by an office of the government shall be paid to the credit of the Central Government on the same day where tax is paid without production of an Income-tax Challan
Challan No. ITNS 281
Income Tax Act, 1961
2 August 10,
2018
Monthly return for July, 2018 for Taxpayers having aggregate turnover of more than Rs. 1.50 Cr in the preceding financial year or new registrants who estimate their turnover to exceed Rs. 1.5 Cr the current financial year and optional for taxpayers having aggregate turnover of less than Rs.1.5 crore
GSTR 1 The Central Goods and Services Tax, 2017
3 August 14,
2018
Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of June, 2018
Form 16B Income Tax Act, 1961
4 August 14,
2018
Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of June, 2018
Form 16C Income Tax Act, 1961
CIRC Newsletter www.circ-icai.org 09August 2018
"Compliance Check"- August 2018CA. Harsha Ramnani
5 August 15,
2018
Deposit of Provident fund contribution for the month of July, 2018.
Electronic Challan cum Return (ECR)
The Employees Provident Funds & Miscellaneous Provisions Act, 1952
6 August 15,
2018
Quarterly TDS certificate (in respect of tax deducted for payments other than salary) for the quarter ending June 30, 2018
Form 16A Income Tax Act, 1961
7 August 15,
2018
Due date for furnishing of Form 24G by an office of the Government where TDS for the month of July, 2018 has been paid without the production of a challan
Form 24G Income Tax Act, 1961
8 August 15,
2018 Payment of ESI for the month of July, 2018
Electronic Challan cum
Return
The Employees Provident Funds & Miscellaneous Provisions Act, 1952
9 August 20,
2018
Due date for filing return for the month of July, 2018 consisting of only the total values for each field for inward and outward supplies
GSTR 3B The Central Goods and Services Tax, 2017
10 August 25,
2018
Due date for filing return for the month of July, 2018 consisting summary of outward taxable supplies and tax payable by Non-Resident Taxable person
GSTR 5 The Central Goods and Services Tax, 2017
11 August 25,
2018
Due date for filing return for the month of July, 2018 consisting summary of outward taxable supplies and tax payable by OIDAR
GSTR 5A The Central Goods and Services Tax, 2017
12 August 25,
2018
Due date of filling of monthly PF return for the month of July, 2018 (Including pension and insurance scheme form)
Form 12A, Form 5, Form 11
The Employees Provident Funds & Miscellaneous Provisions Act, 1952
13 August 30, 2018
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA for the month of July, 2018
Form 26QB Income Tax Act, 1961
14 August 30,
2018
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of July, 2018
Form 26QC Income Tax Act, 1961
Disclaimer:
This Calendar have been prepared cautiously based on latest provisions and amendments of Income Tax Act, GST, Companies Act 2013 and other related statutes which are subject to changes/ amendments from time to time. However, it is suggested that before acting on the above calendar the relevant assumptions and latest provisions/ clauses of related statutes may please be analyzed in detail and reference be made for updating on relevant website.
CIRC Newsletter www.circ-icai.org 10August 2018
Future of lease accountingInd AS 116: Leases
CA. Nirmal Kumar Jain
v Internationally, on
13 January 2016,
the International
A c c o u n t i n g
Standards Board
( IASB) i s sued
IFRS 16, Leases,
which is effective
from 1 January
2019. The new
S t a n d a r d
represented a fundamental shift in
accounting for leases, specifically for
lesseesas it will increase transparency and
comparability of published financial
information as investors and analysts would
be able to see a company's own assessment
of its lease liabilities. v On 18 July 2017, the Accounting Standards
Board (ASB) of the Institute of Chartered
Accountants of India issued an Exposure
Draft Ind AS 116, Leases. Ind AS 116 is
largely converged with IFRS 16.Ind AS 116
will replace current Ind AS 17 Leases, from
its proposed effective date 1 April 2019.
v Current Ind AS 17, Leases,does not
recognise the lease obligation for the non-
cancellable lease period. Itprovides the
accounting for operating lease and finance
lease separately in the books of lessee.
However new Ind AS 116 (converged with
IFRS 16) removes the operating lease
model for the lessee and provides a basis for
users of financial statements to assess the
amount, timing and uncertainty of cash flows
arising from leases.
Comparison between current Ind AS 17 and exposure draft Ind AS 116
Nature Current Ind AS 17 Exposure draft Ind AS 116
Definition of Lease
Accounting for Lessee
Accounting for Lessee: expenses vs assets/liability recognition
Disclosure for Lessee
vA lease is an agreement whereby the
lessor conveys to the lessee in return for a
payment or series of payments the right to
use an asset for an agreed period of time
vA lease is the contract, that
conveys the right to use an identified
asset for a period of time in exchange
for consideration
vit provides the Finance lease
accounting modelonly (except for
lease with a term of less than 12
month or low value item)
vlessee measures right to use assets
similarly to other non-financial assets
(such as property, p lant and
equipment) and lease liability as
financial liabilityvdetailed disclosure required like:vDepreciation charge for right-of-use
assets by class of underlying assetsvInterest expense on lease liabilityvTotal cash outflow for the leases etc.
vit provides the Operating and Finance
lease accounting model for lessee
vfor operating leases, lessee is required
to recognise the lease payments as an
expenseon a straight-line basis
vfew disclosures like future lease
payment not later than one year, one to
five years and later than 5 years
CIRC Newsletter www.circ-icai.org 11August 2018
Identifying a lease:
Initial measurement by lessee
What is Right-to-use asset: it isan asset that
represent a lessee's right to control the use an
underlyingasset for the lease term
Additional guidance on identifying a lease:
To assess whether a contract conveys the right
to control the use an identified asset for the
period, lessee should have both of following:
a. Customer the right to obtain substantially
all the economic benefits from use of
identified asset, for example benefit by using,
holding or sub-leasing the asset, and
a. the right to direct the use of identified
asset i.e. right to direct how and for what
purpose the asset is used or right to operate the
asset.
(please refer the flow chart to identify the lease)
Flowchart assist entities in making the
assessment of whether a contract contains
lease.
Leaseliability:
It is present value of the lease
payments that are not paid at that
date
Right-of-use asset(Initial
measurement):
a) lease liability
₊
b) lease payment made at
commencement date
₊
c) initial direct cost incurred by
lessee
If there an identified asset? If there an identified asset?
If there an identified asset? Does customer have the right to
obtain substantially all the economic benefits from use of asset?
If there an identified asset?
If there an identified asset? Does customer, supplier or
neither the party have the right to direct how and for what purpose the asset is used throughout the period of use?
If there an identified asset?
Does customer have right to operate the asset without the supplier having the right to change t hose ope ra t i ng instruments?
If there an identified asset? Does customer design the asset
in a way that predetermines how and for what purpose the asset will be used?
The contract contain lease
The contract does not contain lease
Yes
Yes
No
No
No
No
Yes
YesCustomer
Supplier
Neither; how and for what purpose the asset will be used is predetermined
CIRC Newsletter www.circ-icai.org 12August 2018
v Impact on industries v 1. Telecommunication entities will
need to consider tower arrangements,
single transmission devices as well as data
and fixed line agreements:
v 2. Retail and consumer product
entities where lease retail space like
distribution centers, manufacturing plants
and fleet arrangements forms a significant
part of the entity’s business model
v 3. Airline industry that run the
aircrafts on lease.
v 4. Metal and mining entities which
use mining equipment, vehicle as well as
land and building on lease basis.
The larger the lease portfolio, the greater the
impact on key accounting metrics also.
Under Ind AS 116 a lessee will no longer make a
distinction between finance leases and
operating leases; all (material) leases will be
treated as finance leases, except for short-term
leases and low value leases. In the statement of
financial position, the lessee will recognize the
asset and the liability for the lease, while in the
statement of profit and loss, the lessee will
recognize the interest cost and the depreciation
of the leased asset instead of the operating
lease expenses.
Impact on lessor
Although the accounting by lessor is
substantial ly unchanged from current
accounting, but lessor should understand how
new standard could affect their lessee-customer
behavior,for example, certain lessee may desire
shorter lease term in an effort to minimise their
financial statement impact or can consider
purchasing the assets instead of lease.
New Ind AS 116 will impact wide variety of sectors which hold large portfolio of lease, for example an entity that typically rents office space, which is beingaccounted for as an operating lease, will be more significantly impacted than an entity that has purchased office space.
Following are the sectors where impact of new Ind AS will be significant hence entities should be prepared.
CIRC Newsletter www.circ-icai.org 13August 2018
World Trade Organisation CA. Rakesh Choudhary
The World Trade
Organisation (WTO)
was formed on 1st
January 1995, but its
trading system has
been working since
1948, the General
Agreement on Tariffs
and Trade (GATT)
had provided the rules
for the system. The second WTO ministerial
meeting was held in Geneva in May 1998.The
last and largest GATT round, was the Uruguay
Round which lasted from 1986 to 1994 and led
to the development of WTO's. Whereas GATT
had mainly dealt with trade in goods, the WTO
and its agreements now cover trade in services,
and in traded inventions, creations, designs
and intellectual property.
Global Trade Policy Governance & WTO
The WTO has about 164 members and 22
Observer countries, accounting for about 95%
of world trade where decisions are made by the
entire membership by consensus. A majority
vote is also possible but it has never been used
in the WTO, and was extremely rare under the
WTO's predecessor, GATT. The WTO's
agreements have been ratified in all members'
parliaments.
The WTO's top level decision-making body is
the Ministerial Conference which meets at least
once every two years.
The General Council, normally ambassadors
and heads of delegation in Geneva, but
sometimes officials sent from members'
capitals which meets several times a year in the
Geneva headquarters. The General Council
also meets as the Trade Policy Review Body
and the Dispute Settlement Body.
The Services Council is at the next level which
reports to the General Council, specialized
committees, working groups and working
parties deal with the individual trade in services
agreements and other areas such as the
environment, development, membership
applications and regional trade in services
agreements.
World Trade Organisation & Global
Trade Governance deals with the following:
1. Trade Negotiations with changes in rules
of the trade requiring the agreement of all the
WTO members to reach consensus through
several rounds of negotiations and mediations.
2. Implementation and monitoring through
various WTO councils, committees and boards
of governance undergoing periodical scrutiny
of their trade policies, plans and practices.
3. WTO members bring disputes to be
resolved when trade agreement rights are
infringed through Dispute Settlement Body.
4. W T O s u p p o r t s g l o b a l t r a d e
development, capacity and global governance
of all the global trade agreements, training and
development, outreach programs and regular
dialogues.
5. WTO is in the process of developing
public finance in global trades and global
governance.
6. WTO supports decisions to abolish and
reduce subsidies in agricultural farming and
bring in food security in respective countries
globally wherever deficient with special
CIRC Newsletter www.circ-icai.org 14August 2018
safeguard mechanism.
7. WTO should also maintain global trade
resource statistics of each country and expand
base to all the remaining countries which have
not become member of WTO.
8. WTO should introduce an Integrated
Global Trade Governance to integrate global
governance in international trade in services,
goods, intellectual property, information
technology, phyto-sanitary goods etc for all the
countries in governance principles of
Responsibility, Accountability, Transparency,
Disclosure and Ethics of all the global trades.
9. WTO countries have to initiate through
agreements on trades to reduce transit,
infrastructure, technology and trade costs to
improve trades.
10. WTO has to initiate steps to make
available global health at reduced cost through
low cost healthcare treatments, medical
equipments, hospitals, healthcare medical
education and colleges with global research.
11. WTO should introduce Global Trade
Standards which will help in improving global
trades, trade dispute and trade governance.
12. WTO should also initiate steps to attain
sustainable development in global trades under
multilateral trading systems bringing in growth,
development, employment, productions, trade
reserves, trade standards, trade governance
and reduce trade in-equality and trade
restrictions throughout the world.
13. Trade discriminations and Trade barriers
are required to be reduced where WTO can
bring in Trade Governance
14. Trade Stability, predictability, non-
discrimination, responsibility, transparency and
accountability will bring in global governance,
sustainable growth, resource development,
global employment, global infrastructure,
global trade fair practices, global trade
facilitation etc.
15. WTO has to initiate environmental laws,
codes and standards for environmental
protection to ensure better global trade
amongst countries.
16. Goods, Services, Customs & Import-
Export Tariff rates have to be lowered in all the
countries to improve International Trades.
17. International Maritime Security has to be
ensured by all the member countries with cyber
security and risk management facilitation
through WTO.
18. WTO Court of Justice for global trade
disputes has to be initiated to ensure trade
dispute resolution of member countries.
19. Global Financial & Trade Services
facilitation by WTO will bring in global trade
dispute resolutions and improvements in global
trades.
20. Global Trade Risk & Disaster
Management should be initiated to reduce
trade risks and trade disasters by WTO.
21. WTO has to initiate global democracy
and key peace initiatives in member countries
to improve market access and global trades.
22. WTO has to initiate Global Trade
Development Institutions to facilitate global
financing of trades, educational institution,
technology financing, infrastructure financing
CIRC Newsletter www.circ-icai.org 15August 2018
and disaster management.
23. International Trade and Financial
Services Centers should be developed in
respective member countries.24. Mult i lateral Trading Systems &
Information Technologies and Trade Exchange
should be initiated by WTO and facilitate global
trades, global financing, disaster management,
dispute resolution etc.
25. Competition Laws has to be developed
in each member countries to boost competitive
export trades.
26. Global Trade with minimum support
price facilitation should be allowed through
development institutions and respective
Governments to maintain and improve global
trade with special economic export zones,
international warehousing and international
markets throughout the world.
27. Global Logistics and Supply Chain
Resource Planning should be developed by
WTO and member countries to improve global
trade market access and dispute resolution.
28. WTO should create a Harmonized
Standard Code of Global Trades for economic
analysis and global trade capacity economics.
29. WTO should also initiate Global Trade
Debt Restructuring facilitation with all the
member countries.
30. Global Trade Certif ications and
Customs Valuation is required by Global Trade
Commissioners, Professionals like Chartered
Accountants, Cost Accountants, Company
Secretaries, Global Trade Diplomats, Global
Trade Arbitrator, Global Trade Auditors etc.
31. Global Trade Best Practices Code
should be developed by WTO.
32. A Publ ic Po l icy Document on
International Trades should be developed in
respective countries and WTO.
33. Registration of all the exporters,
importers, trade facilitators, trade financier,
institutions, professionals, commissioners,
board, committees etc with annual report filings
facility by WTO should be made mandatory.
34. International Trade Reporting Standard
(ITRS) has to developed by WTO, UN and
respective countries duly harmonized.
Accounting and Auditing Services
Ø Accounting may be defined as
preparation and analysis of financial
information reported to internal and external
users via financial statements.
Ø Auditing may be defined as the
evaluations of the reliability and credibility of
financial information as well as “the systems
and processes responsible for recording and
summarizing that information”.
Ø U n d e r t h e S e r v i c e s S e c t o r a l
Classification List (MTN.GNS/W/120),
Accounting and Auditing Services are included
under Professional Services.
General Agreement of Trade in Services
(GATS) covers four Modes of delivery of
services in cross–border trade.
Trade in Accounting and Auditing Services in
four Modes of Supply are as under:-
CIRC Newsletter www.circ-icai.org 16August 2018
Audit in India Audit & Audit Objectives
Ø The system in place was test checked in
audit for DEPB scheme during the scheme
tenure with a view to seek assurance regarding:
Ø Effectiveness of the internal control
procedures and internal audit system for
management of the scheme by DoC, DGFT and
Customs;
Ø Eff icacy of the monitor ing and
interdepartmental co‐ordination mechanism
involved in administration of the Scheme;
Ø Analysis of the rates of DEPB items after
being incorporated under Duty Drawback
Scheme;
Ø Implication of a Preferential Trade
agreement (CECA, Singapore) on export under
DEPB scheme;
Ø Compliance with the extant provision to
guard against any irregular issue and use of
DEPB scrips;
Ø Fixation of DEPB rates;
Ø Timely disposal of scrip applications
Audit by Export Inspection Council of India
The Export Inspection Council of India (EIC) as
an apex body set up by the Government of India
under Section 3 of the Export (Quality Control &
Inspection) Act, 1963, to provide for sound
development of export trade through quality
control and pre-shipment inspection.
The Act empowers the Central Government to
notify commodities and their minimum
standards for exports, generally international
standards or standards of the importing
countries and to set up a suitable machinery for
inspection, quality control, pre-shipment
inspection and certification activity.
In the WTO regime, EIC has introduced
Ø Voluntary certification programmes
Ø Regulatory export control
Ø Recognition by EIC's certification
Ø by official import control agencies of its
trading partners, as per provisions of WTO
agreements, to facilitate easier access to their
markets for Indian exporters.
Ø Audit of all export and import activities is
being maintained by Export Inspection Agency's
by Export Inspection Council of India with the
Cross Border
Services (Mode 1)
Cross border supply of accounting services using Technological Services. For example – An Indian Audit Firm sends Audited Accounts to a client operating in USA.
Consumption abroad (Mode 2)
Usage of Accounting/Auditing Services in the territory of another country.
For example – An American Client visits India and use Accounting/Auditing Services from an Indian Accounting/Auditing firm
Commercial Presence
(Mode 3)
Expansion of a Local Accounting/Auditing Firm into a foreign country. For example – An Indian Accounting firm establishes an office in USA.
Movement of natural persons (Mode 4)
Accounting/Auditing Professionals enter into a foreign territory temporarily to provide services. For example – An Indian Chartered Accountant provides Accounting Services by visiting a client in USA to prepare a business acquisition.
CIRC Newsletter www.circ-icai.org 17August 2018
objectives of:
Ø Checking Compliances
Ø Effectiveness of the systems and
Ø Building Accountability
Ø Comp l iances o f S tandards on
Audit ing(SA), Indian Accounting
Standards, IFRS and Tax Accounting
Standards
Ø Corporate Audits have been carried out
at Ø EIA- Kochi for Fish & Fish Products
scheme Ø EIA- Bengaluru for issue of Certificates
of Origin Ø EIA - Chennai for Fish & Fish Products,
Milk and Egg Products scheme,
Ø EIA - Mumbai for issue of Certificate of
Origin and Ø EIA- Delhi – A comprehensive Audit for
Milk and Rice Schemes including
laboratory activities and for issue of
Certificates of Origin.
Post Clearance Audit Scheme under Risk
Management System Audit - CBEC
CBEC is modernizing its system of customs
control and audit functions. A system of
transaction based Post Clearance Audit (PCA)
has been operational since implementation of
Risk Management System (RMS) in 2005.
Audit is done under Risk Management System
with few sampled Bills of Entry which are
selected for audit after clearance of imported
goods. This system of auditing Bills of Entry
involves verification of the correctness of
declarations for a particular transaction only and
does not result in comprehensive scrutiny of
documents, financial records and accounting
system of importers so as to detect any possible
undervaluation or misuse, providing expeditious
clearance of goods depending on risk
associated with the consignment.
Implementation of on Site Post Clearance Audit
is in tune with standards of Revised Kyoto
Convention, an International convention on
Customs Procedure, of which India is one of the
contracting parties.
CIRC Newsletter www.circ-icai.org 18August 2018
CA. Arjit Agarwal
1. In Brief“Be a L i fe Long
Student. The more you
learn, the more you
earn and more self
confidence you will
have”. An investment in
knowledge pays the
best in terest” by Benjamin Frankl in
This article being Gist, tries to covers all updates
in relation to recent important verdicts between
21st June 2018 to 20th July 2018.
2. Verdicts – Apex Court:-
S. No. Verdict Relevant Section In Brief
1. Kudrat Sandhu vs. UOI (Supreme Court)
Other Laws ITAT Appointment Rules: Persons selected as Member of the ITAT will continue till the age of 62 years and the person holding the post of President, shall continue till the age of 65 years
2. New Okhla Industrial Development Authority (NOIDA) vs. ACIT (Supreme Court)(S. 194-I)
194-I S. 194-I TDS: Amounts paid as part of the lease premium or biannual or annual payments for a limited/specific period towards acquisition of lease hold rights are not subject to TDS, being capital payments. Amounts constituting annual lease rent, expressed in terms of percentage (e.g. 1%) of the total premium for the duration of the lease, are rent and subject to TDS
3. CIT (TDS) vs. Canara Bank (Supreme Court)
194A S. 194A TDS: Meaning of the expression "corporation" explained. Difference between "established by an Act" and "established under an Act" explained. Important principles of interpretation of fiscal statutes explained. Though NOIDA is not a "local authority", it is a "corporation established by the Act" and so payments to it are not liable to TDS u/s 194A
4. New Okhla Industrial Development Authority (NOIDA) vs. CCIT (Supreme Court)
10(20) S. 10(20): Law on whether an industrial township referred to in proviso to Article 243Q is equivalent to a "municipality" and a "local authority" explained. Law on interpretation of statutes as to the scope of an "Explanation" and "Proviso" explained. There is no concept of "equity" or "presumption" or "intendment" in a taxing statute. Only the language has to be seen
Legal UpdatesUpdates in relation to Recent Verditcs on Direct Taxes – Brief
CIRC Newsletter www.circ-icai.org 19August 2018
S. 69 Bogus Purchases: Purchases cannot be treated as Bogus if (a) they are duly supported by bills, (b) all payments are made by account payee cheques, (c) the supplier has confirmed the transactions, (d) there is no evidence to show that the purchase consideration has come back to the assessee in cash, (e) the sales out of purchases have been accepted & (f) the supplier has accounted for the purchases made by the assessee and paid taxes thereon
S. 147/148: If the recorded reasons do not specify, prima-facie, the quantum of tax which has escaped assessment but merely state that it would be at least Rs.1,00,000, and if the reopening is to "verify" suspicious transactions, prima-facie, the reasons do not indicate reasonable belief of the AO and the notice is without jurisdiction
S. 158BC: The fact that the second proviso to s. 158BC(a) prohibits an assessee who is subjected to search from filing a revised return of income does not mean that the assessee is prohibited from raising an additional claim before the appellate authorities
Difference between "Res Judicata" and "Consistency Principle" explained. While "res judicate" does not apply to income-tax matters, the principles of consistency does. If the Revenue has accepted a practice and consistently applied and followed it, the Revenue is bound by it. The Revenue can change the practice only if there is a change in law or change in facts and not otherwise
5.
1.
2.
3.
PCIT vs. Tejua Rohitkumar
Kapadia (Supreme Court)
Dulraj U. Jain vs. ACIT
(Bombay High Court)
Alok Textile Industries Ltd
vs. DCIT (Bombay High Court)
PCIT vs. Quest Investment
Advisors Pvt. Ltd (Bombay High Court)
69
147, 148
158BC
143(3)
3. Verdicts – High Court:-
CIRC Newsletter www.circ-icai.org 20August 2018
S. 68 Bogus share capital: If the alleged share applicants do not appear before the AO pursuant to the s. 131 summons and the documentation is inadequate, it is a "completely bogus claim". The assessee cannot argue that the AO should have made inquiries from the AO of the share applicants as to their credit-worthiness
S. 260A: Entire law on when transfer pricing disputes constitute "substantial questions of law" for challenge in the High Court explained. Transfer Pricing Adjustments on the basis of the comparables are a matter of estimate of broad and fair guess-work of the Authorities based on relevant material. The exercise of fact finding or 'Arm's Length Price' determination or 'Transfer Pricing Adjustments' should become final with a quietus at the hands of the final fact finding body, i.e. the Tribunal. The ITAT's findings of fact cannot be challenged in the High Court unless it is shown that the findings are ex-facie perverse and unsustainable and exhibit total non-application of mind by the Tribunal to the relevant facts of the case and evidence before it
S. 260A: The time limit for filing an appeal to the High Court begins from the date of receipt of the order by the officer entitled to file the appeal. The fact that the ITAT may have dispatched the order earlier is not relevant. The fact that the officer may be aware of the ITAT's order owing to collateral p r o c e e d i n g s i s a l s o n o t r e l e v a n t
4.
5.
6.
J. J. Development Pvt. Ltd vs. CIT
(Calcutta High Court)
PCIT vs. Softbrands India P. Ltd
(Karnataka High Court)
DIT (IT) vs. Hyundai Heavy
Industries Co. Ltd (Uttarakhand High Court)
68
260A, 92C
260A
7. M/s Indira Industries vs.
PCIT (Madras High
Court)
263 S. 263 Revision (show-cause notice): A Writ Petition to challenge a s. 263 notice is maintainable if the authority issuing the show-cause notice lacks jurisdiction and if the notice is clearly barred by law. As per Alagendran Finance 162 Taxman 465 (SC), the two year limitation period stipulated u/s 263(2) runs from the date of the original assessment and not from the date of reassessment when the s. 263 notice deals with issues which are not subject matter of reassessment proceedings (MAK Data 358 ITR 593 (SC) & Malabar Industrial Co 243 ITR 83 (SC) distinguished)
CIRC Newsletter www.circ-icai.org 21August 2018
S. 269SS/ 271D Penalty: It is not enough for the assessee to show that the transaction of taking loan/ deposit by cash is genuine or bona fide. It has also to be shown that there was reasonable cause u/s 273B for the assessee being unable to take the loan/deposit by account payee cheque or account payee bank draft
S. 147/ 143(2): If the notice u/s 143(2) is issued prior to the furnishing of return by the assessee in response to notice u/s 148, the notice issued u/s 143(2) is not valid and the reassessment framed on the basis of said notice has to be quashed. S. 292BB does not save the assessment (All judgements considered)
S. 2(1A) Agricultural income: Mushroom is not a 'vegetable', 'plant', 'fruit' or 'animal' but is a 'fungus'. Anything which is produced by performing basic operations on the soil is an "agricultural product" and the income therefrom is "agricultural income". The nature of the product and the fact that it is not a 'plant', 'flower', 'vegetable' or 'fruit' is irrelevant. The only relevant aspect is whether the production is by performing some basic operations on the soil ( A l l j u d g e m e n t s c o n s i d e r e d )
2.
1. Deepak Sales & Properties Pvt. Ltd
vs. ACIT (ITAT Mumbai)
(Special Bench)
269SS, 269T, 271D, 273B
3.
Halcrow Group Ltd vs.
ADIT (ITAT Delhi)
DCIT vs. Inventaa Industries Private
Limited (ITAT Hyderabad Special Bench)
143(2), 147, 148
2(1A)
S. 147/148: If there is nothing in the recorded reasons to suggest that the income chargeable to tax which has escaped assessment is Rs. one lakh or more, the notice issued u/s 148 of the Act beyond four years of the end of the relevant assessment year is invalid
4. Usha Agarwal vs.
ITO (ITAT Agra)
147, 148, 151
S. 23 ALV: Unsold flats which are held by a builder as stock in trade cannot be brought to tax under the head 'income from house property'. They are only assessable as business profits when sold (All judgements considered)
5. ITO vs. Arihant Estates Pvt. Ltd (ITAT Mumbai)
23
4. Verdict - ITAT:-
CIRC Newsletter www.circ-icai.org 22August 2018
S. 68 HSBC Black Money: The assessee being non-resident is not liable to tax in respect of money lying in the foreign country unless the AO bring something on record to show that assessee has not fulfilled the test of taxability of non-resident under the provisions of the Act
S. 68 HSBC Black Money: The suspicion of the AO that the deposits in the foreign bank account have Indian origin is not unfounded because the assessee used his Indian passport to open the a/c. The intent of the assessee is not above board. Matter requires investigation because the narrations in the bank accounts do not give any clue that these amounts originate from India
S. 147/ 151: If the CIT merely states "Yes, I am satisfied" while granting sanction to the reopening, it means that the sanction is merely mechanical and he has not applied independent mind. There is not an iota of material on record as to what documents he had perused and what were the reasons for his being satisfied to accord the sanction to initiate the reopening of assessment ( A l l j u d g e m e n t s r e f e r r e d )
S. 50C is a deeming provision and applies only to the transfer of land or building. It does not apply to the transfer of "booking rights" and to right to purchase flats in a building
S. 45/ 48: Portfolio Management Scheme (PMS) fees paid by the assessee to the PMS Manager neither falls under the category of transfer fees nor cost of acquisition/improvement. Consequently it is not deductible while computing capital gains from sale of the shares (All judgements referred)
S. 56(2)(viia) is a counter evasion mechanism to prevent laundering of unaccounted income under the garb of gifts. The primary condition for invoking S. 56(2)(viia) is that the asset gifted should become a “capital asset” and property in the hands of recipient. If the assessee-company has purchased shares under a buyback scheme and the said shares are extinguished by writing down the share capital, the shares do not become capital asset of the assessee-company and hence s. 56(2)(viia) cannot be invoked in the hands of the assessee company
6.
7.
8.
9.
10.
11.
DCIT vs. Dipendu Bapalal Shah (ITAT Mumbai)
DCIT vs. Rahul Rajnikant Parikh (ITAT Mumbai)
Ghanshyam vs. ITO (ITAT Agra)
Baniara Engineers Pvt. Ltd vs. ITO (ITAT Kolkata)
Mateen Pyarali Dholkia vs.
DCIT (ITAT Mumbai)
Vora Financial Services P. Ltd vs.
ACIT (ITAT Mumbai)
68
68
147,148, 151
45, 48, 50C
45, 48
56(2)(viia)
CIRC Newsletter www.circ-icai.org 23August 2018
S. 2(42C)/ 50B: A transaction by which an undertaking is transferred in consideration of the allottment of shares is an "exchange" and not a "sale". The fact that the agreement refers to the parties as "seller" and "purchaser" is irrelevant. S. 2(42C)/ 50B apply only to "sale" and not to "exchange". Entire law on "estoppel" explained. As there is no estoppel against a statute, an assessee is entitled to raise the claim regarding non-taxability at any stage of the proceedings
S. 9/ 195(1) TDS: Law on whether commision paid to non-resident agents for services rendered outside India accrues in India and whether the assessee is liable to deduct TDS thereon e x p l a i n e d ( A l l j u d g e m e n t s r e f e r r e d )
S. 68 Bogus Capital Gains from Penny Stocks: 31000% increase in value of shares over 2 years is highly suspicious but cannot take the place of evidence. The addition cannot be made based on generalizations. Evidence collected from third parties cannot be used against the assessee without giving him a copy & an opportunity to rebut the same
12.
13.
14
DCIT vs. Sterling Ornaments (P) Ltd
(ITAT Delhi)
Oricon Enterprises Limited vs. ACIT (ITAT Mumbai)
Prakash Chand Bhutoria vs.
ITO (ITAT Kolkata)
195, 9
2(42C), 50B
68
S. 68 Bogus share capital: If the AO has remained silent with folded hands and has not made any independent inquiry from the concerned AO of share holder company and has not controverted the evidence produced by the assessee, that itself is sufficient to knock off the addition made. The fact that there is no personal appearance from director of said cash creditor (share holder) does not mean that an adverse inference u/s 68 can be drawn by the AO without the AO discharging the secondary burden lying upon him (All imp judgements referred)
15. Moti Adhesives Pvt. Ltd vs. ITO
(ITAT Delhi)
68
Condonation of delay (92 days): The AO was negligent in filing the remand report before the CIT(A). The same attitude has continued at the stage of filing appeal to the ITAT. The excuse that the appeal was not filed due to the AO being busy with time barring assessment is not acceptable. The AO deliberately overlooked the impugned order and did not file appeal before the Tribunal
16. ITO vs. Gisil Designs Pvt. Ltd
(ITAT Delhi)
253, 5 of Limitation Act
CIRC Newsletter www.circ-icai.org 24August 2018
within the period of limitation. Even the authorization by Pr. CIT to file the appeal has been granted after the period of limitation. Hence sufficient cause is not shown
CONCLUSIONTo conclude, we should always focus/be in touch with regular Amendments/Case Laws from Apex Court, High Courts and Tribunal. This will help us in understanding the Law better and guide us how to interpret the Law before Judiciary. This article brings all important recent Judgments under Income Tax Act 1961. However readers are advise to go through in depth to understand relevant judgment .
A great saying on updating of knowledge –
“No matter how much experience you have, there is always a room for something new you can learn and improve .”
Keep Updating!!!
Sources :-* http://itatonline.org/archives/main/
S. 90(2) DTAA: The failure to submit a 'Tax Residency Certificate' (TRC) as required by s.90(4) is not a bar to the grant of benefits under the DTAA. However, the assessee is required to produce reasonable evidence of the entitlement of the foreign entity to benefits under the DTAA
17. Skaps Industries India Pvt Ltd vs.
ITO (ITAT Ahmedabad)
90(2), 90(4), DTAA
S. 139(5): There is no bar / restriction that an assessee cannot file a revised return of income after issuance of notice u/s 143(2). A revised return of income can be filed even in course of the assessment proceedings provided the time limit prescribed u/s 139(5) is available. The Departmental Authorities are not expected to deny assessee's legitimate claim by raising technical objection
18. Mahesh H. Hinduja vs. ITO
(ITAT Mumbai)
139(5), 143(3), 54
'On Money': The fact that the assessee has sold flats at an undervaluation does not mean that he has understated the consideration and earned undisclosed 'on money'. The mere presumption that excess price could have been charged is not a ground for coming to the conclusion that the assessee did charge a higher price. The burden of proving such understatement or concealment is on the Revenue (All important judgements considered)
19. M/s Shah Realtors vs. ACIT
(ITAT Mumbai)
68
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IMPORTANT ANNOUNCEMENT’S
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CIRC Newsletter www.circ-icai.org 33August 2018
Delegate Registration Form(Please complete the form in BLOCK LETTERS)
Dear Sir,I am interested to participate as a delegate in the 39th Regional Conference of CIRC to be held at Ghaziabad. My particulars are as below:-
Name……………………………………………………………………………………………………………Membership No……………………………………Firm / Organization Name…………………………………………………………………….……….........GST No………………………………………………….Address …………………………….…………………………………………………………………………………………………………………………………………...........................................................................................………………………………………………………………………………………………………………….………………………………………………………………….........................................................................City …………………………………..………………….Pin Code…………………………………………… .State…………………………………………….….Phone No.(R)……………………………… (O)…………………………………………….Mobile………………………………………………………Email………………………………………………………………………………………………………….Payment : DD/Cheque No ……………………… Date…………………………….Rs…………………………… Drawn on Bank………………………………………………………………………………….NEFT Transfer Number:…………………………………… Date of Transfer:……………….
REGISTRATION FEE (INCLUDING GST)
NEFT DETAILS
Category Up to 31st July, 2018 1st to 16th August 2018 17th August 2018 Onward
MEMBER Rs 1800/- Rs. 2100/- Rs 2400
NON- MEMBER Rs. 3500/-
Online Payment Link: http://icaigzb.org/icainew/pay
Account NameAccount TypeAccount No.Name of BankBank AddressIFSC Code
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For Members paying Fee through NEFT:Kindly send the duly filled in Registration form to [email protected]
For Registration Please Contact:
CA. Puneet SakhujaChairman
Ghaziabad Branch of CIRC of ICAI,ICAI Bhawan,
A-12, 2nd Floor, Yamunotri Complex,Ambedkar Road, Ghaziabad
0120-4114478, 2793802, , [email protected] [email protected]
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HOTELS DETAILS FOR OUTSTATION DELEGATES FOR 39th REGIONAL CONFERENCE OF CIRC -2018
S.No HOTEL NAME
CONTACT NUMBER
ADDERESS & EMAIL
ROOM CHARGES (CPAI)
1
2
3
4
5
6
7
8
HOTEL RADISSONBLU
HOTEL GLODEN TULIP
HOTEL BLUE STONE
HOTEL ROUSHA INN
HOTEL BANANA TREE
HOTEL TOWN HOUSE
HOTEL BEST WESTERN
HOTEL CLARK'S INN
RAVINDER KAUR 8744050606
JAGRITI 8377909914
SACHIN SHARMA 9971076916
SUBANKAR ROY 8800966114 & 8800966112
MADHU SUDAN ROY7011833450
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MEHAK 9999127042 8376085994
ARUN GUPTA 9015074901
H-3, Modipon Vihar, Sector 14, Kaushambi, Ghaziabad, Uttar Pradesh 201010
C-5 , Sector 18, Vasundhara, Ghaziabad, Uttar Pradesh 201012 [email protected]
Plot No.5, Sector-14, Kaushambi, Ghaziabad (U.P.) 201010 [email protected]
D-81, Kaushambi (East Delhi NCR) Near Merto Station Gate No.1 Ghaziabad-201010
14/2, Site-IV, Sahibabad, Ghaziabad-201010 [email protected]
D- 75 Oyo Town House12 Kaushambi Ghaziabad-201010 [email protected]
B-35, Sahibabad Industrial Area Site 4, Sahibabad, Ghaziabad, Uttar Pradesh 201010 [email protected]
37/1, Pacific Business Park Site-IV, Sahibabad Industrial Area, Sahibabad, Uttar Pradesh 201010 [email protected]
Double
Double Triple
Double
Double Triple
Double Triple
Double Triple
Double Triple
(delux) Double Triple
(suite)
Double Triple
(delux) Double Triple (suite)
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4000/- 4500/-
2200/-
2400/- 2700/-
3000/- 3500/-
3100/- 3400/-
2500/- 3000/- 4000/- 4500/-
3500/- 4500/- 4200/- 5200/-
For Enquiries Related to Hotel Booking, Please Contact: CA. Praveen Singhal- Chairman, Travel Committee39th Regional Conference of CIRC Mob: 9810589298
Email: [email protected]
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 35August 2018
Objective
The objective for which the fund is established is to provide financial assistance for maintenance, education or any other similar purpose to necessitous persons being:-
(a) persons who are or have been members of the Institute, whether subscribers to the fund or not; or (b) wives and children of persons who are or have been members of the Institute, whether subscribers to the fund or not. (c) widows and children of deceased persons who have been members of the Institute whether subscribers to the fund or not. (d) relatives or others who were dependent for support on a person who has been a member of the Institute, whether subscriber to the fund or not; and who has died without leaving a widow or child.
Procedure for becoming a member of the CABF :
There are two categories of members :-
(a) Life Member: A single payment of Rs. 5000/- shall make a person eligible to be admitted as a life member of the fund. Thereafter he shall not be liable to pay any amount on account of subscription and shall be styled as a 'Life Member'.
(b) Ordinary members: All other members shall be described as 'Ordinary Members' and shall have to pay an annual subscription of Rs. 1000/-.
Apart from this any member can subscribe for 'Voluntary Contribution'. Procedure for making payment
Membership subscription to the Chartered Accountants Benevolent Fund can be paid along with annual membership fee. Alternatively it can be paid separately by local cheque/DD to the respective Decentralised offices or Regional offices or Head office.
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Maximum monthly assistance available to a member or persons eligible to receive the assistance is from Rs.4500/- to Rs.7500/- per month according to the circumstances of the use renewable after one year. This is for m a i n t e n a n c e o f f a m i l y o f members/widow/relatives of deceased members.
Financial assistance will be given only to the members/widows/relatives whose monthly family income is not more than Rs. 15000/- pm.
Ex-gratia financial assistance of Rs.150000/- is provided to the legal heir of deceased member in case of accidental death/ unnatural death at the age below 55 years against claim.
Procedure for availing assistance
Application for financial assistance should be made in prescribed format along with all relevant supporting documents mentioned therein. The application must be recommended by any Central Council Member or Chairman/Vice Chairman/Secretary of any Regional Council or Branch/ Ex-Pres ident /Chai rman/Vice-Chairman and Member Secretary/Member of Managing Committee of CABF /Member of Managing Committee of Regional Council.
CA Benevolent Award
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Payment of Membership Fee and Certificate of practice Fee for the year 2018-19
We take the opportunity to request you to renew your membership with the Institute by remitting the annual membership/certificate of practice fees, which become due for payment on 1st April, 2018 and need to be paid on or before 30th September, 2018. Now, members have the option to pay advance Membership/COP fee in exact amount for 3 years (1+2 years) along with GST as a final payment and in case of any shortfall in case of revision of fee in future their Name/COP will not be removed from the Register of Members on
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Rs. 5000/-
Rs. 1000/-
A respectable amount S VaidyanathAiyar Memorial Fund Life Membership Yearly Subscription Voluntary Contribution
Rs. 1000/-
Rs. 50/-
A respectable amount Air Mail charges for CA Journal (in case of members abroad) Rs. 2100/-
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CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 38August 2018
The Institute of Chartered Accountants of India (ICAI)ICAI Commerce Wizard-2018: A Talent Search Test
Organised By: Career Counseling Group (CCG), ICAI
Date Timings for the aforesaid test :
For Details and Registration please visit the Exclusive Website for ICAI Commerce Wizard, 2018: icaicommercewizard .org
Class No. of Questions
IX 100 1 Hrs 15 Min 100
100
100
100
100
0bjective -type (Multiple
Choice)questions
1 Hrs 15 Min
Online/Pen& Pencil
Online/Pen& Pencil
Online/Pen& Pencil
0.25
0.25
0.25
0.25
0.25
Online/Pen& Pencil
Online/Pen& Pencil
1 Hrs 15 Min
1 Hrs 15 Min
1 Hrs 15 Min
100
100
100
100
IX
B.Com./BBA /BMS/Allied SubjectsExamination
IIX
X
Duration Subjects
(I)Social Studies ( Economics)(II) Mathematics (III) BusinessAwareness (IV) Aptitude
(I)Social Studies ( Economics)(II) Mathematics (III) BusinessAwareness (IV) Aptitude
(I) Business Studies (II) Accountancy (III) Economics (IV) Aptitude
(I) Business Studies (II) Accountancy (III) Economics (IV) Aptitude
(I) Business Studies(II) Accountancy(III) Economics/ Financial Studies (IV) Aptitude
Mode NegativeMarking
Max.Marks
Pattern
The Commerce Talent Search Test called as Commerce Wizard -2018 is a diagnostic test that measures the concept understanding ability of a student. Unlike regular tests which try only to find out how much a child knows, this test measures how well a student has understood the concepts.
Registration Fees : `100/- upto 31st Oct. 2018After Due Date : `150/- 1st Nov., 2018 to 15th Dec., 2018
Online RegistrationEligibility: Students appearing in class IX/X/XI/XII &B.Com./BBA//BMS/Allied subjects examination
The Commerce Wizard will be conducted by means of in two levels i.e. LevelI (Online) & Level II (Online/Pen & Pencil test) in English language for Students studying in class IX/X/XI/XII & B.Com./BBA /BMS/Allied Subjects:
Class/Levels of Exam and DateLevel-I (Online test)16th December, 2018 (Sunday)
Class IX & Class X 09:30 AM to 10.45 AM
11.45 AM to 1.00 PM
2.00 PM to 3.15 PM
4.15 PM to 5.30 PM
Level-II Test : Online or Pen Pencil Mode in the designated test centre 23rd December, 2018 (Sunday)
1. 09:30 am. to 10.45 am. for Class IX & Class X
2. 11:45 am. to 1.00 pm. for Class XI
3. 2:00 pm. to 3:15 pm. for Class XII
4. 4:15 pm. to 5:30 pm. for Class B.Com./BBA/BMS/Allied
Class XI
Class XII
Graduation-B.Com./BBA/BMS/Allied Subjects
Prizes for ParticipantsLevel-I Test. • All participants In Level-1 test will receive a Participation Certificate.Level-II Test • 1st Rank holder will be awarded with Rs 1, 00,000/- for Class IX, Class X, Class XI , Class XII & B.Com./BBA/BMS/Allied Subjects Separately, if multiple winners are there, the prize amount will be shared by them. If more than 50 joint rank holders for the same, the awardee will at least awarded with the cash prize of Rs 2,000/-• 2nd Rank will be awarded with Rs 50,000/-for Class IX, Class X, Class XI Class XII & B.Com./BBA/BMS/Allied Subjects separately, if multiple winners are there, the prize amount will be shared by them. If several joint rank holders for the same are there, the awardee will at least awarded with the cash prize of Rs 1,500/-• Top 500 consolation prizes will be awarded worth Rs 500/- along with an appreciation certificate for Class IX, Class X, Class XI, Class XII & B.Com./ BBA/BMS/Allied Subjects separately• Participation Certificate will be given to each participant appeared for the Level-II Test.
ICAI Scholarship scheme will also be provided for the wards of Military/Para Military/ Railways PersonnelFor further details please visit at: https://www.icai.org/post.html?post_id=14927
Other Important Dates:Award Ceremony: Award Ceremony will be held in January/February, 2019 at Delhi NCR.
ICAI/Test Management Committee reserves the right to change in any of the modalities cited above.
Deputy ConvenerCareer Counseling Group (CCG), ICAI
ConvenerCareer Counseling Group (CCG), ICAI
For any Query please contact :Secretary, Career Counselling Group (CCG), The Institute of Chartered Accountants of India ICAI Bhawan, A-29, Sector 62, Noida (U.P.) - 201309 Telephone (O): 0120-3876871, 886 Email:
PHOTO GALLERY
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 39August 2018
YRELLG A
OTOHP
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 40August 2018
CA. Gyan Chandra Misra- Chairman CIRC addressing on the occasion of Two Day State level Seminar at Bilaspur for Members in Industry & Businesson 4th & 5th August 2018
Vice Chairman CA. Sanjay Mishra presenting memento to CA. Gyan Chandra Misra- Chairman CIRC on the occasion of Two Day State level Seminar at Bilaspur for Members in Industry & Businesson 4th & 5th August 2018
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 41August 2018
CA. Gyan Chandra Misra- Chairman CIRC addressing during the 67th Annual General Meeting of CIRC of ICAI at Mathura branch on 25th July 2018.
CA. Gyan Chandra Misra- Chairman CIRC garlanding Goddess Saraswati during lighting of lamp ceremony on the occasion a seminar on “Audit Under GST” organised by Mathura branch of CIRC on 25th July 2018.
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 42August 2018
L-R: CA. Raj Goyal- Secretary Mathura Branch, CA. Amit Agrawal- Chairman Mathura Branch, CA. Gyan Chandra Misra- Chairman CIRCCA. Dharmendra Shrivastava- Speaker, CA. Nitesh Gupta- Treasurer CIRC, CA. Deep Kumar Misra- RCM & CA. Mukesh Bansal- RCM during a seminar on “Audit Under GST” organised by Mathura branch of CIRC on 25th July 2018.
L-R: CA.Yogesh Kumar Purohit- Secretary Raipur Branch, CA. Suresh Kumar Agrawala- Chairman Raipur Branch, CA. Gyan Chandra Misra- Chairman CIRCCA.Abhay Kumar Chhajed-RCM during Sub Regional Conference hosted by Raipur Branch of CIRC and organised by CIRC on 4th August 2018 at Raipur.
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 43August 2018
L-R: CA. Nitesh Gupta- Treasurer CIRC, CA. Gyan Chandra Misra- Chairman CIRC, CA. Kemisha Soni- CCM, CA. Rajesh Gupta- Chairman Gwalior branch, CA. Mayur Garg- Secretary Gwalior branch during the two days summit held on GST and Income Tax at Gwalior branch.
CA. Gyan Chandra Misra- Chairman CIRC addressing during Sub Regional Conference hosted by Raipur Branch of CIRC and organised by CIRC on 4th August 2018 at Raipur.
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 44August 2018
CA. Rohit Ruwatia Agarwal addressing the audience during seminar held on “Issues on Tax Auditin Recent Environment on 4th August 2018 at Chittorgarh
Presentation of memento to CA. Rohit Ruwatia Agarwal during a seminar held on “Issues on Tax Auditin Recent Environment on 4th August 2018 at Chittorgarh
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 45August 2018
CA. Gyan Chandra Misra-Chairman CIRC addressing the audience during CA Student National Conferenceheld on 23-24 June 2018 at Jaipur
CA. Rohit Ruwatia Agrawal- Vice Chairman CIRC addressing the audience during CA Students National Conference held on 23-24 June 2018 at Jaipur
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 46August 2018
CA. Pramod Kumar Boob Secretary CIRC addressing the audience during CA Student National Conferenceheld on 23-24 June 2018 at Jaipur
CA. Nitesh Gupta- Treasurer CIRC addressing the audience during CA Student National Conferenceheld on 23-24 June 2018 at Jaipur
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 47August 2018
Inauguration of Seminar on Direct Tax by dignitaries with Chief Guest CA. Gyan Chandra Misra- Chairman CIRC, CA. Anuj Goel past CCM and Dr. CA. Girish Ahuja- Speaker at Varanasi Branch of CIRC on 22.07.2018.
Special Address by CA. Gyan Chandra Misra- Chairman CIRC during special counseling programme on How to face CA Examination 21.07.2018 at Varanasi Branch of CIRC.
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 48August 2018
Tree Plantation by CA. Pramod Kumar Boob - Secretary CIRC with Dr. V. N. Dubey- Principal C. M. Anglo Bengali Inter College, Ayurvedacharya, CA. Shishir Upadhyay- Chairman Varanasi Branch at Varanasi on 04.07.2018.
Interaction of CA. P.K.Boob- Secretary CIRC with the students of AICITSS at Varanasi Branch of CIRC on 02.07.2018
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 49August 2018
KIND ATTENTION OF MEMBERS PLEASE
The Institute of CharteredAccountants of India
ICAI BhawanPlot No. 9,
Block no. A1,Lakhanpur,
Kanpur- 208 024
The Land Line number of
are Changed &
The new numbers are appended in next pages and also uploaded at our website: www.circ-icai.org
IMPORTANT INFORMATION
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 50August 2018
KIND ATTENTION OF MEMBERS PLEASE
KANPUR OFFICE ADDRESSTHE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
ICAI BHAWAN, PLOT NO. 9, BLOCK- A-1, LAKHANPUR, KANPUR -208024
HELP LINE NUMBERSComputerised Enquries : 0512-2334200Operator Enquries ( Civil Lines, Kanpur) : 0512-3011198Operator Enquries ( Lakhanpur, Kanpur) : 0512-2334201
FUNCTIONARIES OF CENTRAL REGION
FIRM SECTION
0512-2334214 [email protected] SHYAM KUMAR SHARMA SECTION OFFICER
E-Mail ID.S. NO. NAME DESIGNATION FUNCTION TEL.NO
[email protected] Incharge Firm Section 0512-2334213
All matters realted to Firm Section : Mobile No. 6386337887
NAROTTAM DAS GUPTA ASSISTANT SECRETARY
Const i tu t ion & Re-c o n s t i t u t i o n o f P a r t n e r s h i p f i r m s . Closure of partnership firms. Joining/Leaving of Paid Assistants as per Form No.18. Change in address of Partnership firms. Disputed matters related to firms. Region Transfer of Partnership firm. Correction related t o L i s t o f F i r m s .
Quer ies re la ted to P D C . I s s u e o f Constitution Certificate as on 1st January & Firm C a r d e v e r y y e a r . Updation of Firm Cards returned for correction. Miscellaneous queries r e l a t e d t o f i r m s .
Constitution/closure of Proprietary f i r m s . Constitution/Re-constitution/closure of LLP firms. . Registrat ion of Networking/MCS firms & its closure. Merger/Demerger o f f i r m s . Joining/Leaving of Paid Assistants. Disputed matters.
Office Timing : 9.45AM to 5.30PM Lunch Timing : 1.00PM to 1.30PM
CIRC Newsletter www.circ-icai.orgJuly 2018CIRC Newsletter www.circ-icai.org 51August 2018
ARTICLE SECTION
E-Mail ID.S. NO. NAME DESIGNATION FUNCTION TEL.NO
[email protected] RAM JIYAWAN MISHRA ASSISTANT SECRETARY 0512-2334216Overall Incharge-Membership Section and Convocation.
[email protected] SUSHMA DWIVEDI SECTION OFFICER (SU)
[email protected] DR. DEEPAK CHANDA SR. ASSISTANT DIRECT0R New Member Enrolment
[email protected] SUMIT LUTHRA SECTION OFFICER (SU) Enrolment of New Members, Updations of COP, Fellowship and resolving related i s s u e s . O v e r s e e overall data integrity of member enrollment records. Generate internal and external reports and analysis a s n e e d e d f o r preparing members Script.*
Member Change in Address and Name. I Card.
E-Mail ID.S. NO. NAME DESIGNATION FUNCTION TEL.NO
[email protected] GYAN PRAKASH MISHRA ASSISTANT SECRETARY 0512-2334220Incharge Article Section.Comp le t i on , I ndus t r i a l Training, Permission to S t u d y, S u p p l e m e n t a r y, E x a m – c o - o r d i n a t i o n , Final. Campus Administration.
[email protected] RAVINDRA THAKUR DATA ENTRY OPERATOR R e s t o r a t i o n , R e m o v a l , Cance l la t ion o f members with COP, CABF, Employment. E n s u r e s t h a t information/notifications to members are processed accurately
MEMBER SECTION
ONLY Fresh Enrolment of Members, Fresh COP, Admission as Fellow : Mobile No. 6386183914All queries related to Members other than above : Mobile No. 6386207116
ONLY Fresh Registration of Articles realted query ONLY : Mobile No. 6386188964Articleship Re-Registration, Termination, Completion and Permission : Mobile No. 6386351880
CIRC Newsletter www.circ-icai.org 52August 2018
0512-23342219 ASSISTANT SECRETARY Fresh Registration of articles
0512-233422310
RENU GERA
NEERAJ VERMA DATA ENTRY OPERATOR Scrunity of (form 103) r e - r e g i s r a t i o n & approval the cases. 2. Scrunity of (form 109) termination & appoval t h e c a s e s . 3 . Discrepancy letter in case of termination & re-regisration where c o m p l i a n c e f r o m s t u d e n t / m e m b e r required. 4. Change in Name of students.
REGIONAL COUNCIL
E-Mail ID.S. NO. NAME DESIGNATION FUNCTION TEL.NO
[email protected] VARUGHESE THOMAS DEPUTY SECRETARY 0512-2334205, 9696411312
STUDENT SECTION ( FOUNDATION , INTERMEDIATE, FINAL COURSE)
Mobile No. 6386182313
E-Mail ID.S. NO. NAME DESIGNATION FUNCTION TEL.NO
11 ASSISTANT SECRETARY 0512-2334202Incharge Board of Studies
[email protected] SHUBHAM SHREE DATA ENTRY OPERATOR
[email protected] SUNIL KUMAR GARG SECTION OFFICER
[email protected] TONMOY SAHA SECTION OFFICER All matters realted to DIRECT ENTRY
Final Regn. , Updaton of Final Revalidation, Issuance of RTP and Study Stores
All work related to F o u n d a t i o n a n d I n t e r m e d i a t e Registration . ATC and all works related to Intermediate desk, Discrepancy Cases f o l l o w u p , Revalidation of IPCC and Conversion from Old Course to New Course
Campus Placement, DISA, Study Store, G M C S I a n d I I , coaching classes, Post Qualification Courses, Implementation of E-Learning
SHYAM KUMAR MISHRA [email protected]
CIRC Newsletter www.circ-icai.org 53August 2018
[email protected], 9026811212
16 SECTION OFFICER (SU) (Accounts)
CIRC ACCOUNTS & All Matter related to Regional Council
SHAHID KAMRAN KHAN
[email protected] CA SAURABH AGRAWAL SR EXECUTIVE OFFICER CIRC SECRETARIAT
[email protected] SULABH DUBEY SECTION OFFICER (SU) (Secretariat)
CIRC SECRETARIAT
0512-301117319 SULABH DUBEY SR DAFTARI SALES COUNTER
OTHER FUNCTIONARIES
E-Mail ID.S. NO. NAME DESIGNATION FUNCTION TEL.NO
[email protected] HARJEET SINGH BHATIA ASSISTANT SECRETARY 0512-2334222, 9696511314
EDP incharge
[email protected] CA AMIT AGARWAL Asstt Secretary
[email protected] Ms KAVITHA KUMAR Executive Officer R e g i o n a l H e a d S e c r e t r i a t e , RT I
[email protected] SHAILENDRA NATH SAXENA STUDENT CARRER COUNSELLOR (GRADE ASSTT SECRETARY
Newsletter, Career Counseling, Meetings & S e m i n a r s , A l l matters related to C A / C P T e x a m . Debate, Mock Tests , Post qual i f icat ion exam, e-newsletter.
[email protected], 9696111313
24 CA. GOVIND AGARWAL DEPUTY SECRETARY Overall Administrative Incharge of DCO & CIRC , Kanpur & Sub DCO at Jaipur & Indore
All matters related to Accounts
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CA. Rohit Ruwatia Agarwal
CA. Gyan Chandra Misra1.
CA. Pramod Kumar Boob
CA. Nitesh Gupta
CA. Nilesh Gupta
CA. Abhay Kumar Chhajed
CA. Kemisha Soni
CA. Harsha Ramnani
CA. Abhishek Goyal
CA. Lokesh Kasat
2.
3.
4.
5.
6.
7.
8.
9.
10.
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Editor
Member
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POSTNAME OF MEMBERS.No.
Disclaimer : The views and opinions expressed or implied in this e-Newsetter are those of the authors and do not necessarily reflect those of CIRC of ICAI
Address : CIRC of ICAI, ICAI BHAWAN, 16/77 B, Civil Lines, Kanpur-208001
Phones : (0512) 3011181 * 3011182 * 3011156E-mail : [email protected]* Website: www.circ-icai.org
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