Friday 23 December 2016

SC(Supreme Court ) refuses urgent hearing on IT exemption for political donations-The Total Investment & Insurance Solutions

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23 December 2016

The Supreme Court on Friday refused an urgent hearing of a PIL challenging a provision of the Income Tax Act exempting political parties from disclosing the identity of the doners contributing upto Rs 20,000. The Total Investment & Insurance Solutions

Directing the listing of the PIL on January 11, a vacation bench of Justice Ashok Bhushan and Justice L. Nageswara Rao querried petitioner, lawyer M.L. Sharma about the urgency as the provision has been part of the Income Tax Act since 1961. The Total Investment & Insurance Solutions

As Sharma pressed for an urgent hearing, contending that political parties were taking advantage of demonetisation and large deposits of upto Rs 20,000 were being made in their accounts, the bench said that the law is in operation for last 50 years and what was happening was that only deposits are being made. The Total Investment & Insurance Solutions

Not persuaded by Sharma's plea that political party would withdrew the money so deposited, the bench directed the listing of the matter on January 11, declining the plea for a hearing on January 3.

Sharma has sought the quashing of Section 13A of the Income Tax Act, 1961, and Section 29 of the Representation of the People Act, 1951 as being illegal, unconstitutional, mala fide and against the national interest. The Total Investment & Insurance Solutions

His plea has also sought issuance of directions to Central Bureau of Investigation to register a case under Prevention of Money Laundering Act and probe the funding of the political parties and the alleged swelling of their coffers in the wake of demonetisation. The Total Investment & Insurance Solutions

Sharma has also urged the court to monitor the probe by the investigating agencies.

He contended that this was a clear case of violation of the Constitution's Article 14 (equality before law) as it amounted to double standards by the the central government vis-a-vis common man when it comes to unearthing black money. The Total Investment & Insurance Solutions


While the common men is supposed to "bare it all, answer questions, face harassment even if his money is legitimate but politician enjoys a God-given immunity", he said in his PIL.The Total Investment & Insurance Solutions

Nusli Wadia files criminal defamation complaint against Tata Sons, directors-The Total Investment & Insurance Solutions

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23 December 2016
 
Nusli Wadia (The Total Investment & Insurance Solutions)
Nusli Wadia, Chairman of the Wadia Group, has filed a criminal defamation case against Tata Sons, the holding company of the Tata Group and all its directors, including Ratan Tata. 

Mr Wadia, in a complaint filed before the Additional Chief Metropolitan Magistrate, says, "...the defamatory and offending contents of the Special Notices have caused severe prejudice to the reputation and good will of the Complainant (Mr Wadia) as also affected his status as an independent director not only in the Tata Group companies, but as a Director in various other companies; and will continue to have a cascading effect on the Complainant’s reputation and goodwill in business circles within India and abroad. By making false and baseless innuendos and allegations against the Complainant, the Accused have caused distress, hurt and humiliation, as well as pecuniary loss, social disadvantages, injury to feelings, mental pain and suffering to the Complainant." The Total Investment & Insurance Solutions

The complaint is filed against Mr Tata, Ajay Piramal, Amit Chandra, Ishaat Hussain, Nitin Nihria, Ranendra Sen, Vijay Singh, Venu Srinivasan, Ralf Speth, N Chandrasekaran, and FN Subedar. The Total Investment & Insurance Solutions

"The Special Notices have been sent on the letter head of Tata Sons and have been signed by FN Subedar, COO and Company Secretary of Tata Sons. The Accused are thus liable for printing, publishing and circulating the said per se defamatory material. Accused are persons who are on the board of directors of Tata Sons and they are responsible for the contents of the notices which are defamatory and which contents are so printed, published and circulated by Tata Sons and FN Subedar on the instructions of the Board of Directors of Tata sons (excluding Cyrus Mistry and Farida Khambatta). It is thus clear that Tata Sons is the principal offender who has committed the offence of defamation along with FN Subedar, while the Board Members of Tata Sons, excluding Mr Mistry and Ms Khambatta, have shared common intention and or abetted the offence by actively participating in the same after a prior concert and have thus committed offences under Section 500 and Section 500 read with Section 109, and or Section 500, read with Section 34 of the Indian Penal Code. The Accused are thus liable to be prosecuted and punished for the said offences committed by them," the complaint by Mr Wadia states.

According to Mr Wadia, he was an independent director on Tata Steel Ltd, Tata Chemicals Ltd and Tata Motors Ltd, which are three operating companies of the Tata Group. He said, "Within hours of the Tata Chemicals Board meeting (on 10 November 2016), the Board of Directors of Tata Sons and its Directors through a circular resolution, inter alia, resolved to submit a requisition to the three operating companies for convening an extraordinary general meeting (EGM) of their shareholders for the purpose of passing resolutions for the removal of the Nusli Wadia and Mr Mistry as Directors of the three operating companies. Shortly thereafter, Mr Subedar signed and issued at the behest of Tata Sons and its Directors the three Special Notices dated 10 November 2016 addressed to the Boards of Tata Steel, Tata Motors and Tata Chemicals."

Mr Wadia claims that on 11 November 2016, at a meeting of independent directors of Tata Steel, he first learnt about the special notice issued by Tata Sons seeking his removal from the company board. On the same day, he says, he received three separate forwarded emails from Tata Steel, Tata Chemicals and Tata Motors, which was the special notice issued by Tata Sons. 

The complaint filed by the Wadia group chief named eight eminent people as witness to the complaint. The witnesses include, AM Naik (Group Executive Chairman of Larsen & Toubro Ltd), Subhodh Bhargava (Chairman of Tata Communications Ltd and Independent Director of Tata Motors Ltd and Tata Steel Ltd), Vinesh Jairath (Non-Executive, Independent Director of Tata Motors Ltd), Tanya Godrej–Dubash (Executive Director and Chief Brand Officer of the Godrej Group), Darius Udwadia (Senior Partner at Udwadia, Udeshi & Argus), Rajesh Batra (Chairman of Batra Group. Founder of Proline, an Indian Apparel and Sportswear brand), Dr MJ Jassawalla (Renowned Gynaecology and Obstetrics specialist) and Dr Behroze Deputy (a Shareholder of National Peroxide Ltd). The Total Investment & Insurance Solutions


In his complaint, Mr Wadia is seeking simple imprisonment for up to two years and fine to Tata Sons and its directors for defamation, abetment and criminal act with common intention, as well as compensation as per provisions of Section 357 of the Code of Criminal Procedure.The Total Investment & Insurance Solutions

'Single cash payments over Rs2 lakh need to be reported'The Total Investment & Insurance Solutions

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23 December 2016

On the requirement for reporting cash payments exceeding Rs 2 lakh for sale of goods or services, the government on Friday clarified that the rule applies only to single transactions, which are not required to be aggregated for the purpose. The Total Investment & Insurance Solutions

The Central Board of Direct Taxes (CBDT) has clarified that reporting requirements as per the rules are applicable when a single transaction involves receipt of cash payment exceeding Rs2 lakh for sale of goods or services, signifying that no aggregation is required, a Union Finance Ministry release here said. The Total Investment & Insurance Solutions

"Any person who is liable for audit under section 44AB of the Income-Tax Act, 1961, is required to furnish a statement in respect of transaction relating to receipt of cash payment exceeding Rs 2 lakh for sale of goods or service," it said. The Total Investment & Insurance Solutions

"Doubts were raised if such transactions are required to be aggregated for reporting.


"CBDT has clearly indicated that the said transactions did not require aggregation and the reporting requirement under SFT (Statement of Financial Transactions) for this purpose is on receipt of cash payment exceeding Rupees Two Lakh for sale of goods or services per transaction," it added.The Total Investment & Insurance Solutions

EC(Election Commission) delists 255 parties existing on paper -The Total Investment & Insurance Solutions

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23 December 2016

The Election Commission (EC) has delisted 255 political parties that existed only on paper and has asked the Central Board of Direct Taxes (CBDT) to initiate appropriate action, if necessary. The Total Investment & Insurance Solutions

None of these parties have ever contested a local body, assembly or Lok Sabha election since 2005, the EC found out while reviewing the records of unrecognised parties registered with it.

Although the EC does not have a direct power to cancel the registration of a political party, it exercised its powers under Section 29A of the Representation of People Act 1951, whereby it can take back the symbol of a party. The Total Investment & Insurance Solutions

Interestingly, the addresses given by some of these parties include Union Home Minister's present residence, and lawyer's chambers at Patiala House courts.

A party called All India Progressive Janata has given 17, Akbar Road as its address. This is currently the official residence of Home Minister Rajnath Singh. Another party by the name Pavitra Hindustan Kaazhagam gave its address as 11, Harish Chandra Mathur Lane, which is the office of Jammu and Kashmir CID. The Total Investment & Insurance Solutions

Similarly, the Akhil Bharatiya Dastkar Morcha and Rashtiya Yuva Loktantrik Party provided chamber number 187 and chamber 461 respectively at Patiala House courts as their addresses. 

"The Election Commission of India has so far deleted the names of 255 political parties from the list of registered un-recognised political parties maintained by the Commission under the Section 29A and and para 17 of the Election Symbols (Reservation and Allotment) Order, 1968. 

"This is for your information and necessary action if any, in view of the provisions of Section 29B and 29C of R.P Act, 1951," the EC wrote in a letter to CBDT. The Total Investment & Insurance Solutions


The EC said that it has decided to review the cases of the unregistered unrecognised political parties "which do not set up any candidate at any of the general elections to the house of the people and/or state legislative assemblies held during the period from the year 2005 to 2015 as per the Commission's record" in order to consider whether they continue to exist and function from the registered office addresses available in the records of the Commission.The Total Investment & Insurance Solutions

Nifty, Sensex may bounce back next week – Weekly closing report-The Total Investment & Insurance Solutions

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23 December 2016

I had mentioned in last week’s closing report that Nifty, Sensex were in a slow decline. The major indices of the Indian stock markets have continued to slip with each trading day this week and the bulls are not able to turn the tide. Daily trading volumes have also been on the lower side. The trends of the major indices in the course of the week’s trading are given in the table below:
 
Weekly Closing Report (The Total Investment & Insurance Solutions)
Sensex, Nifty traded in the red throughout the day on Monday. Nifty sectoral indices ended in the red, while Nifty IT was in green and up marginally. Also, the Sensex indices ended on a negative note after being marginally down. S&P BSE Sensex ended the day at 26,375, down 115 points, while the broader Nifty50 settled at 8,104, down 35 points. Broader market indices performed in line with the headline indices, with BSE Midcap and Smallcap down 0.51% and 0.46% respectively.  The Total Investment & Insurance Solutions

Weak global indices, coupled with foreign fund outflows and rupee depreciation were a drag on the Indian equity markets on Tuesday. The key indices closed on a flat note -- marginally in the red, as selling pressure was witnessed in banking, healthcare and automobile stocks. The BSE market breadth was skewed in favour of the bears -- with 1,777 declines and 832 advances. On the NSE there were 427 advances, 1,180 declines and 74 unchanged.

Finance Minister Arun Jaitley on Tuesday indicated that no populist measures will come through for the railways when its budget will be merged with the general budget from the next fiscal. "Around the world that organisation is successful which follows a financial model wherein consumers pay for the services they use," Jaitley said here at the national conference on Accounting Reforms in Indian Railways organised by Confederation of Indian Industry (CII). He said populism required that consumers do not need to pay for the services they use but these were not the principles "on which the largest operator of transport can work". "We aim for a creation of Railways as a service organisation which is commercially able to sustain itself and also provide world class quality and infrastructure." These policy measures from the government could lead to higher inflation and higher interest rates, thus weakening the indices in the stock markets.  The Total Investment & Insurance Solutions

Pharma major Cipla on Monday said that it plans to raise Rs4,000 crore through the issue of various securities, subject to regulatory approvals. The decision to raise the targeted fund was taken by its Board of Directors, the pharma major said in a regulatory filing to the BSE. The company disclosed that it plans to raise "funds up to Rs2,000 crores by issue of equity shares or American depository receipts or global depository receipts or foreign currency convertible bonds or other securities/ financial instruments, whether denominated in Indian rupee and/or foreign currency(ies), though a public issue or a private placement in accordance with the provisions of the applicable law".  It plans to raise another Rs2,000 crore via the issue of non-convertible debentures (NCDs) or bonds. Cipla shares closed at Rs562.00, down 1.13% on the BSE on Tuesday.  The Total Investment & Insurance Solutions

Profit booking, coupled with a weak rupee and outflow of foreign funds, pulled the Indian equity markets lower on Wednesday. The key indices provisionally closed flat -- marginally in the red -- as heavy selling pressure was witnessed in IT, FMCG and capital goods stocks. 

Sun Pharmaceutical Industries dipped 2% to Rs615 on the BSE, its lowest level since November 9, 2016. Reliance Communications (RCOM) ended nearly 7% higher on the BSE after the company announced the signing of binding agreements with Brookfield Infrastructure in relation to the acquisition of RCOM’s nationwide tower assets by affiliates of Brookfield Infrastructure Partners LP. JBF Industries moved higher by 6% on the BSE after a nearly 4% of total equity of the company changed hands via block deal in noon deal trade.

Broadly, negative global indices, coupled with foreign fund outflows and rupee depreciation, dragged the Indian equity markets lower on Thursday. The key indices closed in the red, as selling pressure was witnessed in metal, banking and capital goods stocks. The wider 51-scrip Nifty of the National Stock Exchange (NSE) declined by 82.20 points or 1.02% to 7,979.10 points. Headline Sensex index on Thursday tanked 263 points, extending its falling streak to the seventh consecutive session, and ended below the crucial psychological level of 26,000.

The Indian Rupee was trading lower by three paise at 67.93 per dollar. Gold was trading at Rs26, 918 per 10 grams and silver was trading at Rs38,983 per kg.


On Friday, the major indices were range-bound and closed on a flat-to-small-gain note over Thursday’s close. Gains were less than 0.25% over Thursday’s close on lack of domestic trigger and broadly negative global indices. NSE trading volumes were on the lower side at 72.41 crore on Friday, and it is clear that investors are staying away from the market, especially since foreign institutional investors are now off for their yearend vacation. On the NSE, there were 683 advances, 789 declines and 71 unchanged. On the BSE, there were 1,257 advances, 1,305 declines and 170 unchanged. We expect the market to remain subdued though having fallen quite a bit, the main indices may try to stage a rebound. The Total Investment & Insurance Solutions

Thursday 22 December 2016

NCLT has not granted any interim relief to Mistry: Tata Sons -The Total Investment & Insurance Solutions

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22 December 2016

Tata Sons on Thursday said the National Company Law Tribunal (NCLT) has not granted any interim relief to its ousted Chairman Cyrus Mistry.

"The National Company Law Tribunal today (Thursday) did not grant any interim reliefs," Tata Sons said in a statement. The Total Investment & Insurance Solutions

"The parties have been directed to file replies and rejoinders in a fixed time table in January, 2017. The court also ordered the petitioner (Mistry) not to seek for any further interim reliefs in the subject matter." The Total Investment & Insurance Solutions

On Tuesday, Tata Sons had been served with a petition filed before the NCLT by Mistry's investment companies under Sections 241 and 242 of the Companies Act.

According to the holding company of the industrial conglomerate Tata Group, the petition is 'not maintainable in law' and the court will hear Tata Sons on this issue at the next hearing.

The development comes a few days after Mistry had stepped down from positions held by him in Tata Group companies which have called extra-ordinary general meetings (EGMs) to remove him from their respective Boards. The Total Investment & Insurance Solutions

Tata Sons' board had ousted Mistry on October 24 and appointed Ratan Tata as interim Chairman. The Total Investment & Insurance Solutions

Tata Trusts holds 66 per cent stake in the holding company of the industrial conglomerate Tata Sons, whereas Mistry's family holds over 18 per cent interest.

"Having deeply reflected on where we are in this movement for cleaning up governance and regaining lost ethical ground, I think it is time to shift gears, up the momentum, and be more incisive in securing the best interests of the Tata Group," Mistry had said on Monday.

"Towards this end, the objective of effective reform and the best interests of employees, public shareholders and other stakeholders of the Tata Group (the very people I sought to protect as Chairman) would be better served by my moving away from the forum of the extra-ordinary general meetings." The Total Investment & Insurance Solutions


"It is with this thought in mind that I have decided to shift this campaign to a larger platform and also one where the rule of law and equity is upheld. I had initially not thought that one would need to seek an external forum to adjudicate issues that should never have arisen in the first place." The Total Investment & Insurance Solutions

Cabinet passes ordinance for salaries' e-transfer, trade unions question move -The Total Investment & Insurance Solutions

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22 December 2016

The union cabinet on Wednesday passed an ordinance to facilitate digital transfer of salaries by employers across the country. However, several trade unions associations and parties opposed the move, calling it impractical. The Total Investment & Insurance Solutions

The government, while moving the ordinance to amend Section 6 of the Payment of Wages Act, 1936, clarified that the option of cash payment of wages would continue to exist.

"An additional way of payment has been introduced through this ordinance. The old system of cash would also remain," a senior official said following a meeting of the Cabinet.

"This is being done to facilitate the employers from making payment of wages using the banking facilities in addition to the existing modes of payment of wages in current coin or currency notes," he added.

The Labour Ministry, in a statement, clarified that the proposed amendment would not make mandatory the payment of wages only through cheques or account transfers. 

"The proposal is an additional facility of crediting the wages in the bank account of the employees or payment through cheque along with the existing provisions of payment in current coin or currency notes," it said. The Total Investment & Insurance Solutions

Also, the appropriate government (centre or state) will have to come up with the notification to specify the industries or other establishments where the employer shall pay wages through cheques or by credit the wages in the employees' bank account, it said, adding that that the proposed amendment would also ensure that "minimum wages are paid to the employees and their social security rights are protected". 

"The employers can no longer under-quote the number of employees employed by them in their establishments to avoid becoming a subscriber to the EPFO or ESIC schemes," it said.

However, most trade unions refused to buy the government's arguments.

Centre of Indian Trade Unions (CITU) General Secretary Tapan Sen wondered as to why the government was so rushed that it needed to bring an ordinance. The Total Investment & Insurance Solutions

"The government is rushing with the amendment to Wages Act. What is the hurry? The whole banking system is in disarray right now. Couldn't the decision be put on hold for a while?" Sen told IANS. 

He said that said that the employees' right to decide the mode of his payment should not be withdrawn and said the government action "is not above doubt". 

Indian National Trade Union Congress (INTUC) too opposed the move and threatened to call for a strike.

"We strongly oppose this move. This is not practical," INTUC President G Sanjeeva Reddy told IANS.

"What would happen in places where banks don't exist or workers are without bank accounts? The contract workers should be paid their wages in cash," he said.

Some opposition parties too questioned the practicality of the move. 

Janata Dal-United leader K.C. Tyagi said that it was not possible or even practical to go entirely cashless in a country like India, noting even the US is only around 40 per cent digital.

However, the RSS-affiliated Bharatiya Mazdoor Sangh (BMS) welcomed the decision and said that it was demanding it for some time. The Total Investment & Insurance Solutions


"This is a good move. It would end the two register system. Some employers would pay less payment to workers and show it more in their registers. This practice would end with transfer of salary in bank accounts," said BMS General Secretary Virjesh Upadhyay.The Total Investment & Insurance Solutions

RBI's latest figures: The math still doesn't add up-The Total Investment & Insurance Solutions

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22 December 2016

Despite much criticism, the Reserve Bank of India (RBI) has failed to give a credible account of the new notes supplied to the public.The Total Investment & Insurance Solutions 
In its latest press release on Wednesday, the RBI said it had sent out for distribution to the public 22.6 billion notes of various denomination worth Rs 5.93 lakh crore.

But the break-up given, taken with its earlier statements, shows that the RBI's latest update is a mathematical impossibility. The Total Investment & Insurance Solutions

Indeed, the gap between what the apex bank claims it has disbursed and what, according to its own earlier numbers, it could possibly have disbursed, has now grown to over Rs 66,000 crore.

This is assuming that 10 per cent of the high denomination notes distributed are of Rs 500 variety. But even if we assume the highly unlikely scenario that all the notes supplied by the RBI were of Rs 2,000 denomination, the math does not add up -- the shortfall would be around Rs 34,000 crore. 

Despite attempts to seek clarity, the RBI has not responded to IANS' queries.

On December 7, during the monetary policy press conference, the Deputy Governor of RBI, R. Gandhi, informed the media that a total of Rs 4 trillion or Rs 4 lakh crore had been disbursed to the public in new currency notes till the day before. The Total Investment & Insurance Solutions

Of this amount, Rs 1.06 lakh crore in value or 19.1 billion pieces were in smaller denomination currency notes while the rest -- Rs 2.94 lakh crore -- was by way of high-denomination notes of Rs 2,000 and Rs 500. The Total Investment & Insurance Solutions

On December 12, the RBI Deputy Governor told reporters that 21.8 billion pieces of notes were issued to the public till December 10, worth Rs 4.61 trillion or Rs 4.61 lakh crore. The next day, an RBI release on the deputy governor's statement said that 20.1 billion pieces of small notes from Rs 10 to Rs 100 were circulated, while the higher denomination notes amounted to 1.7 billion (or 170 crore) pieces.

An earlier IANS report showed, as below, that the RBI math did not add up. 

According to the RBI, the increase in small notes between December 6 and December 10 was only one billion pieces (from 19.1 billion to 20.1 billion). Even if all the small notes printed were of Rs 100 denomination, it takes the value of small notes to Rs 1.16 lakh crore (from Rs 1.06 lakh crore) leaving Rs 3.45 lakh crore to be covered by high denomination notes of Rs 2,000 and Rs 500.

Assuming that only 10 per cent of the total 1.7 billion high denomination notes (170 million or 17 crore) were in Rs 500 notes, its total value (17 crore x 500) amounts to Rs 8,500 crore. Rest of the 90 per cent (1.53 billion or 153 crore) of Rs 2,000 notes amounts to (153 crore x 2,000) Rs 3.06 lakh crore The value of these two high denomination notes amount to Rs 3.14 lakh crore.

That leaves a gap of Rs 31,000 crore to be covered, which finds no explanation in any of the RBI's statements. The Total Investment & Insurance Solutions

Now let's look at the latest RBI statement on December 21.

In this, the RBI says that 22.6 billion currency notes worth Rs 5.93 lakh crore were issued to the public by December 19. Of this, small notes upto Rs 100 denomination were 20.4 billion pieces (2,040 crore pieces) and the rest, 2.2 billion pieces (220 crore pieces) were of higher denomination of Rs 2,000 and Rs 500.

Let's do the calculation based on this claim.

The RBI had said earlier that by December 10, the smaller notes upto Rs 100 in circulation were 20.1 billion. The latest statement thus adds just 0.3 billion (30 crore pieces) to the smaller notes in nine days, till December 19. For the higher denomination of Rs 2,000 and Rs 500, the total notes go up from 1.7 billion pieces to 2.2 billion pieces, thus adding 0.5 billion pieces (50 crore pieces).

Even if all the small notes supplied after December 10 were of Rs 100 denomination, it takes the value of small notes to Rs 1.19 lakh crore on December 19 (up from Rs 1.16 lakh crore on December 10) leaving Rs 4.74 lakh crore to be covered by high denomination notes of Rs 2,000 and Rs 500.

Let us again assume that only 10 per cent of the total 2.2 billion high denomination notes (220 million or 22 crore) were in Rs 500 notes. It's total value (22 crore x 500) amounts to Rs 11,000 crore. Rest of the 90 per cent (1.98 billion or 198 crore) of Rs 2,000 notes amounts to (198 crore x 2,000) Rs 3.96 lakh crore.

The two high denomination notes together amount to Rs 4.07 lakh crore (Rs 3.96 lakh crore + Rs 11,000 crore), leaving a gap of Rs 66,713 crore. The Total Investment & Insurance Solutions

How does the RBI explain this continuing discrepancy?

The ten per cent assumption is not without basis. In response to a question in the Rajya Sabha, the Minister of State for Finance, Arjun Ram Meghwal, said that till November 29, 156 million pieces (15.6 crore) of Rs 500 and 1,608 million pieces (160.8 crore) of Rs 2,000 had been supplied. The Rs 500 notes amount to about 8.85 per cent of the higher denomination notes. 


The Parliament reply is the only place where the government has given a break up of the high denomination notes supplied. The RBI has never given this break up -- and that's where the problem lies.The Total Investment & Insurance Solutions