LEGAL & FINANCIAL UPDATES

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Rahul Bansal (Finalist) (35929 Points)
Replied 03 December 2009

Profit sharing is investing in your bottom line

A well-motivated and focused workforce is the key to achieving sustained improvements in profitability. And one of the best ways to motivate your workforce is to involve them in increasing profits and sharing in the results.

Improving the bottom line

When carefully implemented, a profit sharing scheme can help improve the bottom line in a number of ways by:

  • Creating a profit culture throughout the organisation
  • Keeping employees focused on constantly improving productivity
  • Helping to reduce waste of materials and inefficient use of time
  • Improving teamwork
  • Helping to recruit quality employees
  • Providing the motivation for key employees to stay

Downside?

A possible downside for owners and directors is that employees who participate in profit-sharing schemes tend to monitor more closely expenditure on their benefits, bonuses, and other perks, which they perceive to be reducing the size of the profit pie, and therefore of their individual slice. There also tends to be more pressure from employees to be able to influence decisions that affect the overall profitability of the business.

In an organisation that is truly committed to improving profitability, however, such increased interest from employees will not be a problem; rather part of the solution. If everyone from management down is rewarded strictly on the basis of his or her contribution to profitability, and if there are effective channels of communication through which employees can submit profit-improvement ideas, there should be no conflict or tension involved in introducing a profit sharing scheme.

Factors to consider

Before introducing such a scheme there are a number of factors to consider:

  • Who will be eligible to participate?
  • Will there be a probation period for new employees?
  • How much profit is available for sharing?
  • How will it be allocated?

The answers to these questions depend upon a careful analysis of the business's profit history, the extent to which it is capital intensive or labour intensive, and so on.

If you would like help in determining whether a profit sharing scheme would benefit your business, and if so how it should be structured and implemented, we would be glad to assist.


Rahul Bansal (Finalist) (35929 Points)
Replied 04 December 2009

  1. SEBI decided to compute limitation period for arbitration from the end of the quarter during which the disputed transaction was executed
  2. RBI allowed inclusion of technical write-offs while calculating provision coverage ratio
  3. Government may wind up MRTP Commission before 2011
  4. Central excise refund is taxable and distinct from profit derived from industrial activity
  5. Air passengers carrying large amounts of money can be detained by authorities for questioning
  6. Satyam ex-directors being prosecuted on issue of head count
  7. IT department raid on CA unearthed money laundering racket running into over Rs 1,000 crore
  8. MVAT Circular on periodicity or returns and Penalty
  9. MVAT circular on Filing of Refund Application in Form – 501 electronically
  10. Unnecessary litigation clogging the wheels of justice
  11. RBI circular on Capital Adequacy – Risk weightage on Lending through Collateralized Borrowing and Lending Obligation (CBLO)
  12. ICAI Announcement regarding change in Polling Booth addresses
  13. Enforcement Directorate conducted searches at the premises of realtor Emmar MGF
  14. FM likely to retain EET (exempt-exempt-tax) principle proposed in the Direct Tax Code

Rahul Bansal (Finalist) (35929 Points)
Replied 07 December 2009

  1. Delay in Income Tax refunds trouble tax payers most
  2. BSE made trading in mutual funds operational
  3. Public and Pvt sector insurance companies would continue cede 10% of their risks to GIC
  4. FDI applicants must furnish three years audited financial statements to FIPB: Revenue Department
  5. Govt may table bill in parliament to allow SBI to split its shares and issue bonus shares
  6. Indian banks do not have much exposure to Dubai World : RBI
  7. SEBI taken new steps to curb the misuse of client money by brokers
  8. MCA decided to put implementation of early-warning system on hold due to technical problems
  9. Maharashtra taxman wants GST to be implemented from April 2011 instead of April 2010
  10. Cost accountants may not be treated at par with chartered Accountants
  11. SEBI’s income from fees and other charges dropped by 46 per cent
  12. Government sanctioned 116 posts for the Central Information Commission
  13. Potential Voting Rights — Impact on Consolidated Financial Statements
  14. TDS on exempt incomes (especially agricultural income)
  15. Interest on central excise duty refund is taxable under the Income Tax Provisions
  16. Government may get banks audited to check if they passed on the Interest subvention benefit to exporters
  17. Registration of political parties under section 29A of the Representation of the People Act, 1951
  18. RBI allowed foreign nationals working in India to take home entire post-tax salaries
  19. Know Your Customer (KYC) Norms/ Anti- Money Laundering (AML) Standards/ Combating of Financing of Terrorism (CFT)
  20. Radio broadcasters expressed concerns over the proposed move to introduce Section 33A in the Copyright Act
  21. Absence of tax free climate affected inflows of foreign investment in the shipping sector
  22. In a effort to maximise revenue CBEC ordered to reopen cases where Tax demand stayed
  23. Proposal for Mandatory PF to workers with a salary of up to Rs 15,000 a month instead of Rs 6,500 at present

Rahul Bansal (Finalist) (35929 Points)
Replied 07 December 2009

  1. Write back of provision of bad debts, not previously allowed as deduction, is not taxable
  2. Royalty paid for certain rights, which are not in the nature of “make available,” can be charged to revenue account
  3. If certain activities are not realy services but more in the nature of stewardship/shareholder activities, the amounts cannot be taxed in India in the absence of a permanent establishment (PE)
  4. Reimbursement of custom duty by a non resident entity is not taxable u/s 44BB
  5. Over 30,000 tax litigations pending in ITAT, Most of them filed by department
  6. SEBI circular on dealings between a client and a stock broker (trading members included)
  7. Custom circular Rescinding Notification No. 62/2009-Customs, dated the 15th June, 2009
  8. Regarding anti dumping duty on ceramic glazed tiles other than vitrified tiles originating in or exported from China PR
  9. Circular Amending Notification No. 20/2006-Customs, dated 1st March, 2006
  10. Circular No. 824/1/2006-CX-Clarification regarding prospective implementation of orders
  11. Circular Regarding levy of service tax on‘business auxiliary service’
  12. RBI circular on Credit Information Companies (Regulation) Act, 2005
  13. Marketing/Distribution of Mutual Fund/Insurance Products by Urban Cooperative Banks
  14. Changes to the Indian exchange regulations relating to the receipt and remittance of remuneration outside India
  15. Is rotation of auditors an answer to Satyam episode?
  16. Changing of law through issuance of circulars
  17. Section 50C of the Income tax Act — a tool to tackle menace of black money
  18. Independent Directors — Corporate governance in challenging times
  19. Worldwide Tax Trends Treatment of Tax Losses
  20. Corporate Governance and agency theory
  21. Are MAT companies liable to advance tax?
  22. Code of Ethics- DisciplinaryMechanism of ICAI-Part II
  23. Code of Ethics- Disciplinary Mechanism of ICAI- Part I
  24. Role of morality and estoppel in the delivery of justice
  25. Liability of Partners of Limited Liability Partnerships (LLP) — is it Limited?
  26. HR Management in the Accounting Practice
  27. Carry forward and set off of MAT credit u/s.115JAA and Allowability in the hands of amalgamated company
  28. Provident Fund contribution for International Workers
  29. Sue the accountant
  30. Basel II – Standardized Approach
  31. Enforcement Directorate conducted searches at the premises of realtor Emmar MGF
  32. FM likely to retain EET (exempt-exempt-tax) principle proposed in the Direct Tax Code
  33. Method of Voting – ICAI Council Elections – 2009
  34. Clarification apropos incorrect designation used by a section of media for Shri R.Vasudevan, member CLB
  35. ICAI organizing Three Months’ Residential Programme on Professional Skills Development
  36. Direct tax collections register growth of 3.71% till November 2009
  37. ICAI president communication on derogatory mails
  38. Law Courses through Distance / Online Learning
  39. Salman Khan acquitted of tax evasion charges made against him
  40. Expenses incurred towards training cannot be termed as fee for technical services
  41. CBI recovered cash, FDRs and jewellery worth nearly Rs 1 crore from the residence of Vasudevan
  42. A study on Patent infringement Law in India
  43. Few tips to Prevent Income Tax Raids
  44. Corporate governance meaning and Principals
  45. Can a CESTAT Member who has not completed probation can be relived from his duty without assigning any reason?
  46. SEBI Circular on Limitation period for filing of Arbitration reference
  47. IRDA seek exemption of Third Party Administrators (TPAs) from Tax Deducted at Source (TDS)
  48. Satyam Directors say that CBI report on Satym fraud may not necessarily present financial position and liabilities of the company
  49. Post-Satyam Scam Forensic auditing on increase to track fraud
  50. CBI accused internal auditor with “willful suppression of auditing irregularities”
  51. Provisioning Coverage for Advances – Second Quarter Review of Monetary Policy for the Year 2009-10
  52. RBI circular on Credit Information Companies (Regulation) Act, 2005
  53. Establishment of Connectivity with both depositories NSDL and CDSL
  54. Financial Inclusion by Extension of Banking Services – Use of Business Correspondents (BCs)
  55. Debatable issues are not “mistakes apparent from the record” u/s 154
  56. No capital gains in a business reorganization if consideration not determinable. Transfer pricing law does not apply if there is no income
  57. Observance of ICAI Election Code of Conduct on the Date of Polling
  58. Appointments in Competition Commission of India
  59. Finance Act, 2003, which deleted second proviso to section 43B, will operate retrospectively w.e.f. 1-4-1988
  60. Johnny and Service Tax Refund Part – VI
  61. Partial and Full Partition of Hindu Undivided Family (HUF) and Income Tax provisions
  62. Low dividend or no dividend by a Company cannot be termed as oppression of minority shareholders
  63. Prerequisites for issue of valid notice for reopening of assessment under the Income Tax Act, 1961
  64. All overseas payments are subject to withholding tax, whether or not the income is taxable : Karnataka High Court

Rahul Bansal (Finalist) (35929 Points)
Replied 07 December 2009

  1. Cost of granting stock options to employees is not deductible expenditure in the hands of employer
  2. BPO may be taxed in DTC as no provision in DTC to extend tax exemption benefit
  3. ED claimed to have proof of violation of FDI guidelines by Emaar MGF
  4. STT is applicable on Mutual fund trading and profit is taxable too
  5. No provision in DTC requiring filing of return of loss in time to carry forward losses
  6. Taxation of Hindu Undivided Family (HUF) and Family Arrangement
  7. Misuse of STPI Scheme for duty free import- CESTAT decision
  8. Scope of the expression Customized Software, standard software and exemption from Indirect taxes
  9. CESTAT decision – Service Tax on Management Consultant’s Services (MCS)
  10. Short-term capital loss from a transaction can be set-off against short-term capital gain from any transaction at the option of the taxpayer
  11. Profits arising on transfer of rural agricultural land are not liable to MAT
  12. Disallowance u/s 14A is to be made even when exempt income is not earned or received during the year
  13. Procurement of orders by South African company for Indian company on commission basis is not taxable in India
  14. Profit element on sale of DEPB, i.e., the amount in excess of sale proceeds over the face value is covered u/s 28(iiid)
  15. Penalty levied with reference to revised return is bad in law when the revised return has been treated as non-est
  16. Even under new s. 36 (1) (vii) assessee to prove that the debt written of was indeed a bad debt
  17. Brokers need to keep documentary evidence of financial details provided by clients :SEBI
  18. Consumer court awarded compensation of Rs 15 lakh to widow for medical negligence of doctors


Rahul Bansal (Finalist) (35929 Points)
Replied 08 December 2009

  1. Whether Service Tax is applicable to the sale of computer software?
  2. Daughter’s right in coparcenary
  3. Accounting for financial instruments and derivatives
  4. Supreme Court decision in Dharmendra Textile Processors — Does it change the law on S. 271(1)(c)?
  5. Advance Ruling on taxability of profits from international operations of ships
  6. CBI given clean chit to PricewaterhouseCoopers (PwC)
  7. Taxability of ULIP and Insurance policy maturity amount under the DTC regime
  8. Taxability of second House under the Income Tax Act,1961
  9. Government looking for changes in RTI Act
  10. Form One person company (OPC) after implementation of the Companies Bill 2009
  11. Government may review / renegotiate DTAA with 76 countries
  12. House Rent Allowance (HRA) taxability and working/calculation of taxable HRA
  13. Results of CPT Online Examination held on 21st & 22nd November 2009 has been declared on 7th December 2009 – (07-12-2009)

Rahul Bansal (Finalist) (35929 Points)
Replied 09 December 2009

  1. Expenditure on convertible debentures held to be deductible
  2. Income-tax Ombudsman : An appraisal
  3. S. 90 Relief in computing TDS u/s.192
  4. Scope of clause (a) of explanation to S. 115JB —the amount of Income-tax paid or payable, and the provision therefore
  5. PWC chairman step down before the end of his tenure
  6. IT department opened New Aayakar Seva Kendra (ASK) at Chandigarh
  7. MCA plan to introduce XBRL as reporting language for its MCA 21 portal
  8. Clarification on issues related to reversal of cenvat credit on WIP/ finished goods written off in the books of accounts
  9. ICAI declared fresh date for polling in respect of booth captured
  10. Ministry of Corporate Affairs to Celebrate ‘India Corporate Week’ From 14th to 21st December
  11. Scope of appeals from ITAT orders u/s. 260A of Income-tax Act, 1961 and S. 15 of N.T.T. Act, 2005
  12. IT department keeping track of advance tax paid by the companies to increase direct tax collection
  13. FEMA – Summons issued by Enforcement Directorate in exercise of power vested in them cannot be quashed: Madras HC
  14. ICAI booth been captured during election voting
  15. On revision of tax treaty Switzerland will exchange details of bank accounts with India
  16. Tax dispute resolution Coverage, Scope, Problems, Challenges, Suggestions & Motive
  17. CBDT expecting 10-15% year-on-year increase in direct tax collections by December 15
  18. Assessments and Monitored Assessments under the Income-tax Act, 1961
  19. Disallowances u/s.14A of Income-tax Act
  20. Classical Accountancy to IFRS (A bird’s-eye view) Part II
  21. Classical Accountancy to IFRS (A bird’s-eye view) Part I
  22. Step-down Indian subsidiaries of multinational corporations — are these public companies?
  23. Transfer pricing Management fees — Are you following the best practices? Part II
  24. Transfer Pricing Management fees : Are you following the best practices? Part I

Rahul Bansal (Finalist) (35929 Points)
Replied 10 December 2009

  1. Expenditure on replacement of machinery is capital expenditure
  2. Payment for non-compete right is not an intangible asset eligible for depreciation
  3. DTC 2009 – Focus on Outbound investments from India
  4. The Direct Taxes Code Bill, 2009 – Minimum Alternate Tax on Companies
  5. The Direct Taxes Code (DTC) Bill 2009 – Capital Gains Tax
  6. Outright purchase of plant knowhow in the form of technical / engineering data, design, drawings is not royalty subject to withholding taxes
  7. Analysis of Circular no. 7/2009 issued to withdraw earlier circular pertaining to non-resident taxation
  8. Circular on Provisioning Requirement on Standard Assets for urban co-operative banks
  9. Circular on Preservation of records – NSDL and CDSL
  10. Profession tax rate hiked in Delhi
  11. Assocham demanded uniform VAT structure of 8 percent for Petrol & Diesel
  12. RBI directed RRBs to disclose commission received from mutual funds and insurers
  13. Notification amending notification No. 6/2006 providing concessional rate of Central Excise duty on specified goods of Chapter 84-98
  14. RBI circular on Auction of Government of India Dated Securities

Rahul Bansal (Finalist) (35929 Points)
Replied 13 December 2009

  1. AAR on Prima facie satisfaction for initiation of penalty proceedings required even post-amendment
  2. Salaries paid by foreign company to its expatriates working in Indian branch office held to be allowable
  3. AAR on Payment for end to end international long distance telecom services not taxable
  4. Deduction u/s. 80-IB(10) on YOY basis to builders/developers showing profit on partial completion method
  5. Central Vigilance Commission asked to identify sensitive posts and rationalise transfer of the same
  6. ICSI submits recommendations to Shri Salman Khurshid to strengthen corporate governance framework
  7. Central Goods and Service Tax may be applicable on Businesses with more than Rs 10 lakh turnover
  8. Excise exemption to Himachal Pradesh and Uttarakhand under review
  9. HC will hear the issue of tax on stake sale in Idea Cellular by foreign companies
  10. Employee may continue Mediclaim policy taken by his employer after change of Job
  11. India can surpass China
  12. SEBI ask bourses to preserve records till the trial or investigation proceedings concludes
  13. Preservation of records – MRD/DoP/SE/Cir- 21 /2009 – SEBI
  14. Preservation of records – MRD/DoP/DEP/Cir- 20 /2009 – SEBI
  15. RBI circular on AIFIs – Provisioning Coverage for Advances
  16. Amendments in notification No. 50/2003-Central Excise, dated the 10th June, 2003
  17. Income received by a non-resident businessman from services coming within S. 44BB is not taxable u/s 9 (1) (vii) r.w.s. 44DA
  18. Conversion of marble blocks into polished slabs and tiles constitutes ‘manufacture’ or ‘production’ u/s 80-IA
  19. Company Dispute Resolution Mechanism in India – A brief
  20. Is Redressel Under Section 397/398 of Companies Act, 1956 Effective

Rahul Bansal (Finalist) (35929 Points)
Replied 13 December 2009

  1. Service Tax on Legal Services – Some Controversial Issues
  2. Amendments to Section 56(2) with respect to Deemed Gifts and transfer of movable & immovable property
  3. Issues arising out of & Implications of A & G Projects Judgment – The way out
  4. Critical Analysis of Inter-State Works Contract
  5. Opinion – Levy of VAT on Transfer of Assets
  6. Can karta of HUF sell ancestral immovable property with out the consent of other members, Right and relief to buyer?
  7. Sales in transit meaning, procedure, case Laws and Legal provisions
  8. Section 90A – DTAA – In case of agreements entered into between specified associations and adopted by Central Government for granting relief Specified territory and specified association
  9. Section 120 (1) and (2) of the Income-tax Act, 1961 – Income-tax authorities – Jurisdiction of Amendment in Notifications No. S.O. 732(E), dated 3-7-2001
  10. Section 10(39) of the Income-tax Act, 1961 Exemptions Notified persons, notified sporting events and Specified income
  11. Use of residential premises for professional/business/office purposes
  12. Government asked CBDT to put MIS system to track and recover Income tax arrears
  13. Government not in favour of supervision of commercial activities of banks by MPs
  14. Implementation of IFRS from April 2011 government sure, industry not so sure
  15. IBA seek government permission for banks to issue tax-free bonds to finance infrastructure projects
  16. SC held bank liable to compensate for payment without verification of signature
  17. After Retail Investor Sebi extended ASBA facility to corporate and HNIs
  18. ICSI recommended to fix the limit for maximum number of listed companies where one can be a director to seven
  19. India UK will discuss recognition to ICAI’s members by ICAEW and relaxation in Visa Norms
  20. Law of arbitration – company matters



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