Sunday, 30 November 2014

Income Tax Returns need not be disclosed under RTI - HC


A person who is said to be an informer of the Income Tax Department sought under the Right to Information Act, 2005 information and all the records available with the Income tax department in respect of nine assessees.
The CIC allowed the appeal and directed the PIO to provide inspection of the records and also other information sought for.
The assessees whose records have been sought for, are in writ before the Delhi High Court.
The High Court observed,
The income tax returns filed by an assessee and further information that is provided during the assessment proceedings may also include confidential information relating to the business or the affairs of an assessee. An assessee is expected to truly and fairly disclose particulars relevant for the purposes of assessment of income tax. The nature of the disclosure required is not limited only to information that has been placed by an assessee in public domain but would also include information which an assessee may consider confidential. As a matter of illustration, one may consider a case of a manufacturer who manufactures and deals in multiple products for supplies to different agencies. In the normal course, an Assessing Officer would require an assessee to disclose profit margins on sales of such products. Such information would clearly disclose the pricing policy of the assessee and public disclosure of this information may clearly jeopardise the bargaining power available to the assessee since the data as to costs would be available to all agencies dealing with the assessee. It is, thus, essential that information relating to business affairs, which is considered to be confidential by an assessee must remain so, unless it is necessary in larger public interest to disclose the same. If the nature of information is such that disclosure of which may have the propensity of harming one's competitive interests, it would not be necessary to specifically show as to how disclosure of such information would, in fact, harm the competitive interest of a third party.
Assessment proceedings are quasi-judicial proceedings where assessee has to produce material to substantiate their return of income. Income tax has to be assessed by the income tax authorities strictly in accordance with the Income Tax Act, 1961 and based on the information sought by them. In the present case, the respondent wants to process the information to assist and support the role of an Assessing Officer. This has a propensity of interfering in the assessment proceedings and thus, cannot be considered to be in larger public interest. The CIC had proceeded on the basis that the income tax authorities should disclose information to informers of income tax departments to enable them to bring instances of tax evasion to the notice of income tax authorities. This reasoning is flawed as it would tend to subvert the assessment process rather than aid it. If this idea is carried to its logical end, it would enable several busy bodies to interfere in assessment proceedings and throw up their interpretation of law and facts as to how an assessment ought to be carried out. The propensity of this to multiply litigation cannot be underestimated. Further, the proposition that unrelated parties could intervene in assessment proceedings is wholly alien to the Income Tax Act, 1961. The income tax returns and information are provided in aid of the proceedings that are conducted under that Act and there is no scope for enhancing or providing for an additional dimension to the assessment proceedings.
The High Court held that the information furnished by an assesse can be disclosed only where it is necessary to do in public interest and where such interest outweighs in importance, any possible harm or injury to the assesse or any other third party. However, information furnished by corporate assessees that neither relates to another party nor is exempt under Section 8(1)(d) of the Act, can be disclosed.

Sunday, 23 November 2014

CONTROVERSY RELATING TO THE ALLOWABILITY OF PUJA EXPENSES UNDER THE INCOME TAX ACT

INTRODUCTION
In India, people have immense faith in God and thus some amount of money is always deployed by people for Him. People, on regular basis, expend certain amount of money in performing different types of puja. These expenses are debited while preparing the Profit and loss account of the business concern of a person. But whether the same is allowed as deduction while computing the total income of the assessee for the Income Tax purpose? This question has always been in controversy and various judgements have been pronounced, both in favour and against the view that the expenses incurred in relation to the any puja can be claimed as deduction under the Income Tax Act.
EXPENSES ALLOWABLE UNDER THE INCOME TAX ACT
In Income Tax Act, a person can claim the deduction of an expense from the income derived from business and profession. The expenses which are incurred for the business purpose are only allowed as deduction u/s 30 to 44 DB of the I.T.Act, 1961. Not all but specific expenses are only allowed as deduction as business expenses in the Income Tax. However, there is a residuary section, sec 37(1), under which the expenses not covered under the specific sections 30 to 36, the deduction for those expenses can be claimed under this section provided certain other conditions are fulfilled.
As per sec. 37(1) Any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee, laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head “Profits and gains of business or profession”.
Thus, for claiming the deduction u/s 37(1) of the Act following conditions are to be fulfilled:
·         Such expenditure should not be covered under the specific sections i.e. sections 30 to 36
·         The expenditure should not be of capital nature
·         The expenditure should be incurred during the previous year
·         The expenditure should not be of personal nature
·         The expenditure should have been incurred wholly and exclusively for the purpose of the business or profession
·         The business should be commenced.
The expenses incurred by the assessee in relation to any puja performed especially during the inauguration of the new office and at the time of Diwali Pujan do not fall under any specific Sec of the I.T.Act where the deduction of the same can be claimed. But, the same can be claimed as deduction under the residuary sec 37(1) of the Act provided the abovementioned conditions are fulfilled.
ADVERSE VIEW
However, various courts have taken a contrary view and have upheld disallowance of expenses relating to any puja treating them either as a personal expense of the director of the company and not the business expenditure. The High Court of Karnataka in the case of Sanghameshwar Coffee Estates Ltd. [1986] 160 ITR 203 and the Bombay High Court in the case of Kolhapur Sugar Mill Ltd. [1979] 119 ITR 387 has held that pooja is performed by the followers of a particular religion or faith. A company, which is only a juristic person, cannot claim to profess, practice, or follow any religion or faith. It was held that a company, which is a creation by legal fiction and not a real person made up of flesh and blood, cannot profess any religion and therefore, performance of pooja cannot be said to be the need of business.
However, the High Courts in the above cases did not consider the fact that any expenditure incurred by the director for or on behalf of the company has to be treated as a business expense. The pooja performed would motivate the employees and workers to contribute to the development and progress of the business of the company.
FAVOURABLE VIEW
The Punjab and Haryana High Court in the case of Atlas Cycle Industries Ltd. [1982] 134 ITR 458 has held that “no curbs can be placed on the discretion of the assessee to provide the type of recreation, which, according to it, would best advance the interest of the business. If the recreation provided, even if it is in the nature of the religious activity, has direct nexus with the welfare of a class of workers engaged by the assessee, it is wholly immaterial if the recreation provided is directly or indirectly connected with the religious tenets of a section of the society”.
Reliance can be placed in the case of Brijramandas and Sons [1983] 142 ITR 509 wherein the Allahabad High Court has held that Ganeshjiki Pooja expenses, which Hindu traders do in a customary way at the time of Mahurat or opening of their account books on the auspicious occasion of Diwali, are to be treated as expenditure laid out wholly and exclusively for the purpose of assessee’s business and is therefore allowable u/s 37(1) of the Income Tax Act, 1961.
AMBIGUOUS CBDT CIRCULAR
 CBDT in its Circular no. 13/A/20/68-IT(A-II) dated 3.10.1968 has stated that as the expenses incurred on the occasion of Diwali and mahurat are in the nature of business expenditure, it has been decided not to lay down any monetary limits for the purpose of their allowance in the income-tax assessments subject to the Income-tax Officer being satisfied that the expenses are admissible as a deduction under the law and are not expenses of a personal, social or religious nature.
CONCLUSION
In our opinion,  puja expenses incurred by the assessees are not  personal expenses and are incurred wholly and exclusively for the business and should be allowed as deduction u/s 37(1) of the Act. Judiciary has taken different views on different occasions and CBDT circular has confounded the problem by giving the discretion to the assessing officer in the matter.
Thus,  one has to wait for the authoritative pronouncement from the Supreme Court in the matter to clinch the issue. It is better that the business associations/ chambers of commerce  can request the CBDT to unambiguously clarify the allowability of the same. After all, people’s faith in the providence to bring prosperity through business has inextricable linkage with the business of the assessee and as rightly held by the Punjab & Haryana High Court, puja is a sort of recreation provided to the employees.

Company Secretary to act as compliance officer: SEBI

Market regulator SEBI has mandated the appointment of Company Secretary as compliance officer for the purpose of the newly-framed listing regulations.
“This is a welcome move by SEBI as it will strengthen the compliance ecosystem in listed companies,” SN Ananthasubramannian, former President of the Company Secretaries Institute, said.
Besides fixing responsibility of compliance of listing regulations on the Company Secretary, the secretarial audit report requiring verification and reporting compliance/non-compliance of listing regulations by practicing Company Secretaries under the Company Law, will over time, facilitate better regulatory oversight and enhance improved compliance, he said.
The latest SEBI requirement widens the area of responsibilities of a Company Secretary and makes him solely responsible for compliance of listing regulations, according to capital market observers.


(This article was published on November 21, 2014)

Wednesday, 12 November 2014

IMPORTANT E-MAIL IDS OF DEALING OFFICIALS FOR STUDENT RELATED QUERIES

IMPORTANT E-MAIL IDS OF DEALING OFFICIALS FOR STUDENT RELATED QUERIES
S.NO. TYPE OF QUERY E-MAIL ID OF THE CONCERNED OFFICIAL
1 REGISTRATION LETTER AND IDENTITY CARD ankur.aggarwal@icsi.edu
2 NON-RECEIPT OF STUDY MATERIALS
(Foundation/ Executive/Professional) anju.gupta@icsi.edu /store@icsi.edu
3 PAPER-WISE EXEMPTION/ SWITCHOVER TO
NEW SYLLABUS dd.garg@icsi.edu
4 NON-RECEIPT OF STUDENT COMPANY SECRETARY/
FOUNDATION COURSE BULLETIN ankur.aggarwal@icsi.edu
5 CHANGE OF ADDRESS, E-MAIL ID, PHONE NUMBER
AND OTHER PARTICULARS ankur.aggarwal@icsi.edu
6 CLASS ROOM TEACHING surya.mishra@icsi.edu
7 COMPUTER TRAINING vinny.mehta@icsi.edu
8 ADMIT CARD/ ROLL NUMBER FOR EXAMINATIONS enroll@icsi.edu
9 ISSUE OF PASS CERTIFICATES siyaram@icsi.edu
10 ISSUE OF TRANSCRIPTS siyaram@icsi.edu
11 EXEMPTION FROM TRAINING hema@icsi.edu
12 ANY MANAGEMENT TRAINING / APPRENTICESHIP monika.arora@icsi.edu/
13 TRAINING RELATED QUERY shrutib.gupta@icsi.edu
14 15 DAYS' SPECIALISED TRAINING nidhi@icsi.edu
15 STATUS OF ACS MEMBERSHIP APPLICATION Yogesh.singh@icsi.edu
16 NON-RECEIPT OF MEMBERSHIP NUMBER meenakshi.gupta@icsi.edu
17 OUT OF STOCK POSITION OF STUDY MATERIALS store@icsi.edu
18 REFUND OF FOUNDATION/ EXECUTIVE/
PROFESSIONAL EXAMINATION FEE dinesh.kumar@icsi.edu
19 REFUND OF FOUNDATION / EXECUTIVE REGISTRATION FEE shalini@icsi.edu
20 REFUND OF PROFESSIONAL PROGRAMME REGISTRATION FEE dd.garg@icsi.edu
21 MARK SHEETS exam@icsi.edu
22 VERIFICATION OF MARKS exam@icsi.edu
23 VERIFICATION OF STUDENT QUALIFICATION siyaram@icsi.edu
24 MERIT-CUM-MEANS ASSISTANCE & MERIT SCHOLARSHIPS exam@icsi.edu
25 ICSI STUDENT EDUCATION FUND TRUST surya.mishra@icsi.edu
26 ENROLLMENT TO PROFESSIONAL PROGRAMME dd.garg@icsi.edu
27 TECHNICAL PROBLEMS AT THE WEBSITE info@icsi.edu
28 REGISTRATION DENOVO/ EXTENSION dd.garg@icsi.edu
29 CHANGE OF ELECTIVE SUBJECT dd.garg@icsi.edu
30 ANY OTHER QUERY (SPECIFY) surya.mishra@icsi.edu

NEW BATCH FOR CS FOUNDATION/EXECUTIVE/PROFESSIONAL