Government wants to reduce time for registering company

by | posted in: Company Incorporations, e-filing of MCA Returns, Corporate & Business Advisory Services, Corporate Updates | 0

During the past one year, Corporate Affairs Ministry has taken a number of steps, and is further streamlining processes and regulatory framework, to reduce the overall time taken for incorporating a company as a part of ‘ease of doing business’ effort, Finance Ministry has said.
The Government of India proposes to bring down the average number of days required for incorporating a company to one to two days, a move aimed at further improving ‘ease of doing business’ in the country.

During the past one year, Corporate Affairs Ministry has taken a number of steps, and is further streamlining processes and regulatory framework, to reduce the overall time taken for incorporating a company as a part of ‘ease of doing business’ effort, Finance Ministry said in a statement.
As a result of the many steps, the average number of days taken for incorporation of a company has come down significantly from 9.57 days in December, 2014 to 4.51 days in November, 2015.
“It (Ministry of Corporate Affairs) is targeting that the average number of days would be further reduced to one to two days for approval in normal cases,” the statement said.

Giving details of the step, it said the introduction of an Integrated Incorporation Form INC29 and tighter monitoring of Registrar of Companies’ (ROCs’) performance has resulted in faster approvals and lesser number of clarifications being asked from the stakeholders.
The Corporate Affairs Ministry will soon introduce a new version of Form INC29, incorporating suggestions received from the stakeholders, allowing up to five directors to be appointed and greater flexibility in proposing a name for a company, it said.

“This will allow an even more wider use of this integrated Form, which is already gaining popularity,” the statement added.

Further, the rules with regard to reserving and approving of names for companies are also being simplified, and a centralised new process will be introduced soon for strictly time bound approval of names for companies.

Source: http://www.dnaindia.com/money/report-government-plans-to-reduce-average-time-for-registering-a-company-to-1-2-days-2154784

CBDT defines ‘charitable purpose’ for benefits under I-T Act

by | posted in: Corporate Updates, Income Tax,e-Filing- Individuals, Firms, Companies | 0

CBDTTax department says any general public service that involves trade, commerce or business for a consideration will not be treated as Charity under the Act

With a view to weed out commercial activities under the garb of charity, the tax department has said any general public service that involves trade, commerce or business for a consideration will not be treated as Charity under the Income Tax Act.

Issuing ‘Explanatory Notes to the Provisions of the Finance Act, 2015’, which lists all the amendments that were made to it, the Central Board of Direct Taxes (CBDT) in a circular gave the definition of ‘charitable purpose’ as also listing yoga as one of the activities that will get tax benefit.

“The definition of ‘charitable purpose’ in the I-T Act has been amended to provide that the advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration..,” the note said.

This is intended to ensure appropriate balance between the object of preventing business activity in the garb of charity and at the same time protecting the activities undertaken by the genuine organisation as part of actual carrying out of the primary purpose of the trust or institution. “These amendments take effect from April 1, 2016, and will, accordingly, apply in relation to the assessment year 2016-17 and subsequent assessment years,” it said.

The explanatory note also provides details of rates of direct taxes, applicability of minimum alternate tax (MAT) on foreign entities, tax benefits for Swachh Bharat Kosh and Clean Ganga Fund, besides other provisions of the Finance Act, 2015, which was approved by Parliament in May.

As per the circular, 115 JB of Income Tax Act has been amended such that capital gains arising on transactions in securities; or interest, royalty or fees for technical services to a foreign company will not be liable to MAT if such income is credited to the profit and loss account and the tax payable is less than the rate specified in section 115JB.

Source: http://www.livemint.com/Companies/EWp1WVBQjO1ByPFsDuN6hN/CBDT-defines-charitable-purpose-for-benefits-under-IT-Act.html

Income tax mop-up from Mumbai rises 20% to Rs 1.14 trillion

by | posted in: Corporate Updates, Income Tax,e-Filing- Individuals, Firms, Companies | 0

Income TaxIncome tax collection from the Mumbai region has gone up by over 20 per cent as of November 21 over the year-ago period.
The region, which mops up more than one-third of the total direct tax, has collected Rs. 1.14 trillion (Rs 1,14,000 crore) as of November 21, up from Rs. 0.95 trillion in the year-ago period, showing a growth by 20.17 per cent, Principal Chief Commissioner of Income Tax and Head of Mumbai region DS Saksena told PTI.
The department is hopeful of achieving its projected collection of Rs. 2.56 trillion for the fiscal by March from Mumbai region alone, he added.

Against this, indirect taxes have been doing much better with the collection till September rising over 35.8 per cent to over Rs. 3.24 trillion in the first half of the current fiscal, reflecting growth in economic activity against Rs. 2.38 trillion.
Saksena said while advance tax collection from the region rose only 6.47 per cent to Rs. 58,000 crore during the period, up from Rs. 54,761 crore a year ago, TDS collections rose 10 per cent to Rs. 53,062 crore from Rs. 48,223 crore.
Saksena attributed the rise in collections to the uptick in the performance of industries and “given the trend so far, we are quite hopeful of achieving the target of Rs. 2.56 trillion.”

For the entire country, which comprises 17 regions, income tax collections as on November 21 stood at Rs. 3.63 trillion against a budget estimate of Rs. 7.97 trillion for the full year.
Nationally advance tax mop up rose to Rs. 1.42 trillion from Rs. 1.34 trillion in the year-ago period and thus showing a growth of 6.5 per cent.
Similarly, TDS amounting to Rs. 1.95 trillion was collected from the entire country during the period, showing a growth by 11.33 per cent over the year-ago period’s collections at Rs. 1.75 trillion.

The growth rate in collection during the first half of 2015—16 is double the budget requirement of 18.8 per cent for the full fiscal.
Bulk of the growth in the indirect taxes has been contributed by excise duty collection, which grew 69.6 per cent during the period. Excise collection during April—September over Rs. 1.25 trillion, as against Rs. 74,019 crore in the same period last fiscal, while Customs mop up grew 17.5 per cent to over Rs. 1.03 trillion during the six months and service tax grew 24.3 per cent to Rs. 95,493 crore.

The government has budgeted to collect over Rs. 6.47 trillion from indirect taxes in the current fiscal, a growth of 18.8 per cent over last fiscal.

Source: http://www.thehindubusinessline.com/news/income-tax-mopup-from-mumbai-rises-20-to-rs-114-trillion/article7912856.ece

Government to set up new agency to probe corporate accounting frauds

by | posted in: Accounting Standards, Audit, Due Diligence, Corporate & Business Advisory Services, Corporate Updates, Economy, Business Updates, Corporate Affairs | 0

The government will soon set up a specialised agency to investigate large corporate accounting frauds. It is keen to establish a robust mechanism for faster inquiries into scams such as the one at Satyam Computer Services, which overstated earnings for several years under a previous management.

The proposed agency is likely to examine accounting frauds of certain classes of listed companies or those of Rs 500 crore and more.

To be formed under the Companies Act provisions, the agency will be mandated to investigate auditing and accounting frauds, either suo motu or on referral by the Centre.

 

“The threshold for accounting frauds to be probed by the upcoming agency is likely to be Rs 500 crore and above. It could also probe frauds of certain classes of listed companies,” said a senior government official. “Currently, there’s a lack of specialisation required to probe complex accounting frauds. The agency will ensure swifter probes.”
First suggested in the aftermath of the Satyam fraud, in which the auditor was also implicated, the upcoming agency will have an overarching role to regulate chartered accountants as well as set standards. It will have forensic auditors on its panel as well.

At present, the Institute of Chartered Accountants of India (ICAI) has authority to investigate and take disciplinary action in cases in which an auditor is involved. Any fraud below the threshold set by the government could still be investigated by the professional association.

ICAI has requested the corporate affairs ministry to not dilute its authority. If the government is keen on setting up an authority, ICAI has suggested that this look at high-value accounting scams above a threshold of Rs 1,000 crore.
“We have made a representation to the government that ICAI’s mandate should not be diluted and authority to initiate probe and take disciplinary action against auditors should rest with the institute,” ICAI president Manoj Fadnis told ET.

In recent years, ICAI has probed auditors of companies such as Reebok, Sesa Goa, Satyam and the Saradha Group among others. These inquiries followed references sent by the Serious Fraud Investigation Office (SFIO).
“The agency will strengthen the government’s mechanism and will ensure faster enquires into accounting frauds. For the auditing profession as well, it will be a very positive step as the agency will oversee quality of profession,” said Lalit Kumar, partner at J Sagar Associates. “But the government also has to ensure that ICAI’s mandate is not diluted.”

A recent study by Assocham and Grant Thornton India said there was a 45 per cent increase in Indian corporate fraud in the past two years. The proposed agency will have powers to penalise audit firms in case they are found guilty of misconduct. Penalty could also include the disbarment of such audit firms.

The agency will also be solely in charge of setting up and revising accounting standards and will have professionals from industry and several government bodies on its panel. “The agency will make recommendations on formulation and laying down of accounting and auditing standards for companies,” a senior government official told ET. “It will also monitor and enforce compliance and oversee quality of service of professionals in the industry.”

ET VIEW

No Duplication Please, Overhaul SFIO

Duplication makes no sense. India already has a specialised agency, the Serious Fraud Investigation Office (SFIO) to do cutting-edge investigation on financial frauds. The Institute of Chartered Accounts of India, on its part, can take disciplinary action against errant auditors. True, the SFIO’s functioning has been dismal so far, and what is needed is to transform the agency to take on new and complex probes. It should hire professionals laterally including cyber security experts, forensic auditors and tap the best talent from other investigating agencies. Ideally, it should draw together a team depending on the case. But to attract the best talent, it also needs to pay market-linked salaries.

Source: http://economictimes.indiatimes.com/articleshow/49927368.cms

Religare set to exit MF business

by | posted in: Corporate Updates, Economy, Business Updates, Corporate Affairs | 0

In the midst of foreign entities exiting the Indian mutual fund segment, Invesco, a large global player in asset management, has decided to show a long-term commitment here.

Religare on Wednesday informed the stock exchanges that Invesco Ltd had agreed to raise its stake in Religare Invesco Asset Management Company to 100 per cent, from the existing 49 per cent. It could, say company sources, be a Rs 500-550 crore deal, to be finalised after regulatory clearances.

“Invesco had a call option to increase their stake to 100 per cent by March 2016. Invesco decided to announce it ahead of the deadline, so that the regulatory clearance could be in place (by then),” said a company official.

MANAGING ASSETS
Foreign players exiting MF

  • Goldman Sachs sold to Reliance MF
  • Pinebridge sold to Kotak AMC
  • ING sold to Birla Sunlife MF
  • Morgan Stanley to HDFC MF
  • Daiwa sold to SBI MF
  • Fidelity sold to L&T Finance

Foreign players increasing MF India presence

  • Invesco agrees to increase stake to 100% in Religare Invesco fund house
  • Nippon agreed to increase stake to 49% in Reliance Mutual Fund
  • Schroders acquired 25% stake in Axis Mutual Fund

The reason for the sale by Religare was not disclosed to the stock exchanges. Sources indicated it could be due to the promoters wanting to monetise some assets to meet other financial obligations. Religare’s shares reacted negatively to the announcement, with a fall of nearly two per cent on Thursday morning.

This deal marks the bucking of a trend, with seven foreign entities quitting the fund management space in the past seven years. The latest was the buyout of Goldman Sachs’ Indian asset management business by Reliance MF. Reportedly, Nomura is also planning to end its joint venture with Life Insurance Corporation, in LIC Nomura MF. “We are excited about the long-term prospects of the important Indian market. By taking full ownership of this business, we will further deepen our presence in India and enhance our ability to meet client needs across the globe,” said Andrew Lo, head of Asia-Pacific for Invesco.

Globally, Invesco manages Rs 52.8 lakh crore. Outside of America, it is the largest fund manager in Britain and also has operations in other parts of Europe, Canada and Asia.

Religare Invesco MF managed Rs 21,593 crore of assets as of end-September. Invesco first invested in Religare in 2013 when the assets under management stood at Rs 14,000 crore. The global firm had bought stake from the promoters, Delhi-based brothers Malvinder and Shivinder Singh, for Rs 450 crore.

Invesco says it has decided to continue with the same management team, headed by Saurabh Nanavati as chief executive.

“We will look at introducing more products from Invesco’s global portfolio which will be suitable to the sensibilities of Indian customers,” said another company official.

Source: http://www.business-standard.com/article/markets/religare-set-to-exit-mf-business-115111900827_1.html

Want to partner India in smart cities: Huawei

by | posted in: Corporate & Business Advisory Services, Corporate Updates, Cross Border Transactions, M&As, Joint Ventures, Economy, Business Updates, Corporate Affairs, India & International - Corporate updates | 0

Chinese technology major Huawei wants to partner India in helping it build Information and Communications Technology (ICT) infrastructure for the development of smart cities, a senior company executive said at the Huawei Innovation Day Asia, co-hosted with National University of Singapore, here last week.

 

The Centre has already announced the list of 100 cities which it plans to make ‘smart’ by providing efficient physical, social, institutional and economic infrastructure. The government has defined a smart city in the Indian context as a city that provides a decent quality of life to its citizens, a clean and sustainable environment, and supports the application of smart solutions.

 

“We will be able to help India build ICT infrastructure including wireless systems and the computing platforms for the smart cities,” said Joe So, Huawei’s chief technology officer for Industry Solutions at the company’s Shenzhen head office.

 

“We can help build the inter-dependency of the Indian system,” So said, stressing on Huawei’s strength in building ICT infrastructure.

 

Noting the similarities between India and China, especially in view of the huge population in their major cities, So said India’s smart cities should also adopt ICT. So pointed out the use of ICT in Chinese cities has helped reduce crime rates significantly. The Indian smart cities could also use ICT for similar use, said So at the Huawei Innovation Day Asia.

Elaborating, So said India would not be able to have one plan for building 100 smart cities as the country’s major regions are different from one another. Each city must be planned based on its structure and people’s needs such as New Delhi being a government and agencies centre and Mumbai being a commercial hub.

Addressing the Innovation Day Asia, Singapore’s minister for trade and industry S Iswaran said, “The ICT innovation will have a profound impact on the nature of jobs, the viability of business models, and the structure of economies.” Citing the Asian Development Bank’s figures, Iswaran said the continent’s urban population grew by 44 million every year and the Asian nations had to concern themselves with their citizen’s growing expectations for more efficient government services, as well as ensure environmental sustainability.

So said he’ll be highlighting Huawei’s technologies for India, its second largest market outside China, at the Smart-Safe City conference in Bangalore on December 19.

The company also announced its vision for the next generation of the smartphone: The “superphone”, and said it will be developed by 2020.
Source:http://economictimes.indiatimes.com/articleshow/49798484.cms

 

Strengthening Iran-India trade ties a great opportunity for both

by | posted in: Corporate Updates, Cross Border Transactions, M&As, Joint Ventures, Economy, Business Updates, Corporate Affairs, India & International - Corporate updates | 0

 

Iran’s Ambassador to India Gholamreza Ansari at the inaugural session of the United Economic Forum’s Trade Summit 2015 in Chennai on Saturday.

Iran’s Ambassador to India Gholamreza Ansari at the inaugural session of the United Economic Forum’s Trade Summit 2015 in Chennai on Saturday.

India is on top of Iran’s list of partners with which it plans to strengthen economic ties in the region, according to Ghulam Raza Ansari, Ambassador of Iran to India.

Ansari, who just returned from Iran after participating in a seminar on its economic direction post-sanctions, said that the countries in the region had been Iran’s biggest asset in tiding over a three-decade long sanction imposed by the West.

Iran had managed the sanctions and achieved its rights through diplomacy and cooperation. It will first focus on growing trade relations in the region and India is a top priority. There is a great opportunity for both countries to increase economic relations across a wide range of sectors such as oil and gas including transmission, metal, food and agriculture.

Tamil Nadu particularly was first destination of Iran’s investments when it invested in 1960s in petrochemicals and refinery, he said, addressing the inaugural function of a two-day trade summit organised by the United Economic Forum, a platform for the socio-economic development of muslims.

Mufti Mohammad Sayeed, Chief Minister, Jammu and Kashmir, said education is the key to the development of the community.

The Sachar Committee, which had been appointed by the previous Central Government to go into socio economic status of Muslims and make recommendations for their development, had pointed out that educational backwardness was the reason for economic backwardness.

The Committee’s recommendations such as starting quality government schools in areas where there are Muslims, schools for girls and skill development facilities need to be implemented. Degrees awarded by traditional institutions such as the Madarasas must be recognised in mainstream education and competitive exams, he said.

Ahmed AR Buhari, President, UEF, said India is a bright spot in the globe in terms of economic development. The forum is actively participating in the ‘Make in India’ campaign launched by the Prime Minister, Narendra Modi.

UEF has set a target of garnering ₹ 10,000 crore in investments during the two-day summit and has tied up investments of over ₹ 2,000 crore on the first day across a range of sectors including tourism, hospitality, real estate and logistics.

Source: http://www.thehindubusinessline.com/economy/strengthening-iranindia-trade-ties-a-great-opportunity-for-both/article7877117.ece