Stocks
Nifty, Sensex to head higher – Wednesday closing report
We had mentioned in Tuesday’s closing reply that Nifty, Sensex might rally. The major indices of the Indian stock markets on Wednesday made a strong rally and closed 0.81%-0.94% over Tuesday’s close. The trends of the major indices in the course of Wednesday’s trading are given in the table below:
 
 
Positive global indices, along with a rise in crude oil prices and a firm rupee, buoyed the Indian equity markets on Wednesday. Consequently, the key indices closed the day's trade with appreciable gains, as healthy buying was witnessed in automobile, information technology (IT) and consumer durables sectors. The BSE market breadth was skewed in favour of the bulls -- with 1,848 advances and 752 declines. 
 
British shares and the pound continued to regain some of the ground lost in the wake of the UK voting to exit the European Union (EU). After rising 2.6% on Tuesday, the FTSE 100 share index was up 1.8% at 6,253.07 in early morning trade on Wednesday. The FTSE 250 index -- which contains more UK-focused companies -- rose 1.1%. On Tuesday it closed 3.6% higher. The pound was up 0.4% against the dollar at $1.3398, but it still remained well below levels reached before the referendum held on June 23. The pound rose as high as $1.50 on June 23 before the result of the referendum was announced the next day. On Monday, the pound hit a 31-year low against the dollar. Shares in the financial sector -- which had been particularly hard-hit in the wake of the referendum -- continued to recover, with Prudential up 5.9% and Barclays 3.6% higher.
 
With the Goods and Services Tax (GST) on top of the government's agenda, Parliament's monsoon session will be held from July 18 to August 12, Parliamentary Affairs Minister M. Venkaiah Naidu announced here on Wednesday. The decision was taken at a meeting of the Cabinet Committee on Parliamentary Affairs, attended among others by Prime Minister Narendra Modi, Home Minister Rajnath Singh Finance Minister Arun Jaitley and External Affairs Minister Sushma Swaraj. At the meeting External Affairs Minister Sushma Swaraj said if members raise issues concerning the Nuclear Suppliers Group (NSG) and matters concerning foreign trips of Prime Minister Narendra Modi and others, she is willing to make a statement, Naidu informed. International news and news from Parliament are likely to have a strong effect on the major indices next month.
 
Finance Minister Arun Jaitley on Wednesday said the 7th Pay Commission will bring a "historic rise" in the salaries of government employees and pensioners. “Congratulations to central government officers, employees and pensioners on a historic rise in their salary and allowances through the 7th CPC (Central Pay Commission),” Jaitley tweeted after the panel recommendations were approved by the Union Cabinet on Wednesday. The decision was taken at a cabinet meeting chaired by Prime Minister Narendra Modi. The recommendations will impact some 47 lakh employees in the central government and 52 lakh pensioners. Increased savings from the employees are likely to bring some more investments into the stock markets, especially through mutual funds.
 
State-run Allahabad Bank aims at 10% business growth in the current fiscal (2016-17) year, a top official of the bank said on Wednesday. "Business growth target is 10% this fiscal. It grew about 3.4% in the last fiscal," bank's Chairman and Managing Director Rakesh Sethi told IANS after the 14th Annual General Meeting. The total business of the bank stood at Rs358,352 crore as of March 31, 2016 as compared to Rs346,519 crore the previous year. Going forward, the bank was looking at a growth of 20% in the retail credit portfolio. Also, a major thrust will be given to loans having low capital requirement such as housing loans and gold loans, Sethi told shareholders during the meeting. The retail credit portfolio stood at Rs25,894 crore, up 19.20% against Rs21,723 crore in the previous year. The lender said it would adopt a three-pronged strategy -- recovery of overdues, achieving healthy growth in retail advances and mobilising CASA deposits on liability side with emphasis on savings bank accounts. The shares of the bank closed at Rs68.35, up 0.22%.
 
Oil prices gained after slumping for two sessions on Britain's surprise vote to leave the European Union. The West Texas Intermediate for August delivery on Tuesday gained $1.52 to settle at $47.85 a barrel on the New York Mercantile Exchange, while Brent crude for August delivery added $1.42 to close at $48.58 a barrel on the London ICE Futures Exchange, Xinhua news agency reported.  Oil prices suffered the biggest two-day loss since February as the Brexit vote spurred market concerns about the economic stability of the UK and euro zone, triggering massive risk aversion among investors. Crude prices recovered on Tuesday as European Union leaders gathered in Brussels for a two-day meeting to discuss Britain's decision to leave the bloc, raising speculations that policy makers may take measures to limit the economic fallout.
 
The top gainers and top losers of the major indices are given in the table below:
 
 
The closing values of the major Asian indices are given in the table below:
 

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All You Wanted to Know About Income Declaration Scheme 2016
Keen to unearth black money, the Indian government has unveiled a new scheme for domestic taxpayers in a limited period compliance window to declare their undisclosed income whether in the form of investment in assets in India or otherwise, and clear up their past tax transgressions. Such people would have to pay a tax of 45%, including 30% basic tax, 7.5% as Krishi Kalyan Cess and 7.5% of the undisclosed income as penalty.
 
The Income Declaration Scheme, 2016 (the Scheme) has been introduced as Chapter IX of the Finance Act, 2016. The Scheme is effective from 1st June to 30 September 2016. 
 
Here are answers to some questions that a taxpayer may have about the scheme
 
Question: Where an undisclosed income in the form of investment in asset is declared under the Scheme and tax, surcharge and penalty is paid on the fair market value of the asset as on 1 June 2016, then will the declarant be liable for capital gains on sale of such asset in the future? If yes, then how will the capital gains in such case be computed?
Answer: Yes, the declarant will be liable for capital gains under the Income-tax Act on sale of such asset in future. As per the current provisions of the Income-tax Act, the capital gains is computed by deducting cost of acquisition from the sale price. However, since the asset will be taxed at its fair market value the cost of acquisition for the purpose of Capital Gains shall be the fair market value as on 01.06.2016 and the period of holding shall start from the said date (i.e. the date of determination of fair market value for the purposes of the Scheme).
 
Question: Where a notice under section 142(1)/ 143(2)/ 148/ 153A/ 153C of the Income-Tax Act has been issued to a person for an assessment year will he be ineligible from making a declaration under the Scheme?
Answer: The person will only be ineligible from declaration for those assessment years for which a notice under section 142(1)/143(2)/148/153A/153C is issued and the proceeding is pending before the Assessing Officer. He is free to declare undisclosed income for other years for which no notice under above referred sections has been issued.
 
Question: As per the Scheme, declaration cannot be made where an undisclosed asset has been acquired during any previous year relevant to an assessment year for which a notice under section 142, 143(2), 148, 153A or 153C of the Income-Tax Act has been issued. If the notice has been issued but not served on the declarant then how will he come to know whether the notice has been issued?
Answer: The declarant will not be eligible for declaration under the Scheme where the undisclosed income relates to the assessment year where a notice under section 142, 143(2), 148, 153A or 153C of the Income-tax Act has been issued and served on the declarant on or before 31 May 2016. The declarant is required to file a declaration regarding receipt of any such notice in Form-1.
 
Question: In a case where the undisclosed income is represented in the form of investment in asset and such asset is partly from income that has been assessed to tax earlier, then what shall be the method of computation of undisclosed income represented by such undisclosed asset for the purposes of the Scheme?
Answer: As per sub-rule (2) of rule 3 of the Income Declaration Scheme Rules, 2016, where investment in any asset is partly from an income which has been assessed to tax, the undisclosed income represented in form of such asset will be the fair market value of the asset determined in accordance with sub-rule (1) of rule 3 as reduced by an amount which bears to the value of the asset as on the 1.6.2016, the same proportion as the assessed income bears to the total cost of the asset. This is illustrated by an example as under:
Investment in acquisition of asset in previous year 2013-14 is of Rs500 out of which Rs200 relates to income assessed to tax in AY2012-13 and Rs300 is from undisclosed income pertaining to previous year 2013-14. The fair market value of the asset as on 1June 2016 is Rs1,500.
The undisclosed income represented by this asset under the scheme shall be:
1,500 minus (1,500 X 200/500) = 900
 
Question: Can a declaration be made of undisclosed income which has been assessed to tax and the case is pending before an Appellate Authority?
Answer: As per section 189 of the Finance Act, 2016, the declarant is not entitled to re-open any assessment or reassessment made under the Income-Tax Act. Therefore, he is not entitled to avail the tax compliance in respect of such income. However, he can declare other undisclosed income for the said assessment year, which has not been assessed under the Income-tax Act.
 
Question: Can a person against whom a search/ survey operation has been initiated file declaration under the Scheme?
Answer: 
 
(a) The person is not eligible to make a declaration under the Scheme if a search has been initiated and the time for issuance of notice under section 153A has not expired, even if such notice for the relevant assessment year has not been issued. In this case, however, the person is eligible to file a declaration in respect of an undisclosed income in relation to an assessment year, which is prior to assessment years relevant for the purpose of notice under section 153A.
 
(b) In case of survey operation, the person is barred from making a declaration under the Scheme in respect of an undisclosed income in which the survey was conducted. The person is, however, eligible to make a declaration in respect of an undisclosed income of any other previous year.
 
Question: Where a search/ survey operation was conducted and the assessment has been completed but certain income was neither disclosed nor assessed, then whether such unassessed income can be declared under the Scheme?
Answer: Yes, such undisclosed income can be declared under the Scheme.
 
Question: What are the consequences if no declaration under the Scheme is made in respect of undisclosed income prior to the commencement of the Scheme?
Answer: As per section 197(c) of the Finance Act, 2016, where any income has accrued or arisen or received or any asset has been acquired out of such income prior to the commencement of the Scheme and no declaration is made under the Scheme, then such income shall be deemed to have been accrued, arisen or received or the value of the asset acquired out of such income shall be deemed to have been acquired in the year in which a notice under section 142/143(2)/148/153A/153C is issued by the Assessing Officer and the provisions of the Income-tax Act shall apply accordingly.
 
Question: If a declaration of undisclosed income is made under the Scheme and the same was found ineligible due to the reasons listed in section 196 of the Finance Act, 2016, then will the person be liable for consequences under section 197(c) of the Finance Act, 2016?
Answer: In respect of such undisclosed income which has been duly declared in good faith but not found eligible, then such income shall not be hit by section 197(c) of the Finance Act, 2016. However, such undisclosed income may be assessed under the normal provisions of the Income-tax Act, 1961.
 
Question: If a person declares only a part of his undisclosed income under the Scheme, then will he get immunity under the Scheme in respect of the part income declared?
Answer: It is expected that one should declare all his undisclosed income. However, in such a case the person will get immunity as per the provisions of the Scheme in respect of the undisclosed income declared under the Scheme and no immunity will be available in respect of the undisclosed income, which is not declared.
 
Question: Can a person declare under the Scheme his undisclosed income which has been acquired from money earned through corruption?
Answer: No. As per section 196(b) of the Finance Act, 2016, the Scheme shall not apply, inter-alia, in relation to prosecution of any offence punishable under the Prevention of Corruption Act, 1988. Therefore, declaration of such undisclosed income cannot be made under the Scheme. However, if such a declaration is made and in an event it is found that the income represented money earned through corruption it would amount to misrepresentation of facts and the declaration shall be void under section 193 of the Finance Act, 2016. If a declaration is held as void, the provisions of the Income-tax Act shall apply in respect of such income as they apply in relation to any other undisclosed income.
 
Question: Whether at the time of declaration under the Scheme, will the Principal Commissioner/ Commissioner do any enquiry in respect of the declaration made?
Answer: After the declaration is made the Principal Commissioner/ Commissioner will enquire whether any proceeding under section 142(1)/143(2)/148/153A/153C is pending for the assessment year for which declaration has been made. Apart from this no other enquiry will be conducted by him at the time of declaration.
 
Question: Will the declarations made under the Scheme be kept confidential?
Answer: The Scheme incorporates the provisions of section 138 of the Income-tax Act relating to disclosure of information in respect of assessees. Therefore, the information in respect of declaration made is confidential as in the case of return of income filed by assessees.
 
Question: Is it necessary to file a valuation report of an undisclosed income represented in the form of investment in asset along with the declaration under the Scheme?
Answer: It is not mandatory to file the valuation report of the undisclosed income represented in the form of investment in asset along with the declaration. However, the declarant should have the valuation report. While e-filing the declaration on the departmental website a facility for uploading the documents will be available.
 
 
(CA Vimal Punmiya is the Proprietor of Vimal Punmiya & Co and has been in this profession for more than 37 years. He has written a number of books on subjects like transfer of flats, stamp duty, registration, and capital gains.)
 

 

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RBI's Financial Stability Report points to increased stress in system
The Financial Stability Report released by the Reserve Bank of India (RBI), while indicating two positive trends also wans of increased stress in the system, says a research report.
 
In the note, Religare Capital Markets Ltd says, over the past six months there are two positive trends, including improvement in corporate credit health with exposure to levered players reducing to 14% in March 2016 compared with 19% in September 2015. In addition, there is a meaningful decline in stressed advances ratio for the infrastructure sector to 17% from 22%.
 
"On the other hand, the FSR warns of increased stress in the system with a special mention accounts (SMA)-1 exposure rising 35%, sectoral stress tests revealing a severe hit on bank profits and system gross non-performing assets (GNPAs) likely rising to 8.5% by March 2017 even amid a stable macro," the report says.  
 
According the FSR, proportion of levered companies is declined to 14% in March 2016 from 19.4% in September 2015. As per RBI’s analysis of around 1,800–2,600 non-government non-financial (NGNF) listed companies under FSR, the proportion of levered companies declined, and even their share in total debt fell to 21%  from 30% during this period. The report however did not cite any reasons for the sharp improvement in corporate credit health over the last six months.
 
As per the report, stressed levels in infrastructure sector too declined to 17% during the same period. While the GNPA ratio for the industrial sector worsened to 11.9% in March 2016 from 7.3% in September 2015, its stressed advances ratio declined marginally to 19.4% from 19.9% during this period. Within the sector, stress levels increased in sub-sectors such as metals (to 34%), construction (27%) and textiles (21%), but declined in the infrastructure sector to 17% from 22% in September 2015.
 
While there is a sharp decline in advances to SMA-2 accounts, SMA-1 advances jumped 35% during September 2015 to March 2016 period. Advances to large borrowers classified as SMA-2 declined sharply by 40%, and restructured standard advances slipped by 25% between September 2015 and March 2016. Simultaneously, GNPAs for these borrowers spiralled up 66.3%, largely reflecting reclassification during this period. However, advances to large borrowers classified as SMA-1, that shows early signs of asset quality stress, increased sharply by 35.1% in the last six months, Religare pointed out.
 
According to Religare report, the sectoral credit stress tests carried out by RBI indicate a hit on bank profits. The RBI assessed the credit risk arising from exposure to the infrastructure sector by conducting sectoral credit stress tests. "The tests revealed that on converting a portion of existing restructured standard advances in the infrastructure sector into NPAs and exposing other standard advances in each sector to shocks, the hit on profitability of banks would be severe. The tests further revealed that the most significant effect of the single sector shock would come from the power and transport sectors," the research note added.
 
The Financial Stability Report -FSR from RBI also expects system GNPAs to touch 8.5% by March 2017. The RBI’s macro stress tests suggest that under the base case, the GNPA ratio in the system and public sector banks (PSBs) may rise to 8.5% and 10.1%, respectively, by March 2017 from 7.6% and 9.6% in March 2016. "However, under a severe stress scenario, the ratio may jump to 9.3% and 11.0% by March 2017. Private banks may fare better with their GNPA ratios rising to 3.1% and 4.2% by March 2017 under base and severe stress scenarios," Religare concluded.

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COMMENTS

MG Warrier

11 months ago

The FSR has made the following observation in its ‘Overview’:

“Assessment
India’s financial system remains stable, even though the banking sector is facing significant challenges. As global uncertainties and transiting geopolitical risks impact India, continuation of sound domestic policies and structural reforms remain the key for macroeconomic stability.”

The recent timely initiative by RBI to save the assets of the banking sector from getting totally impaired by assault by corporate borrowers who turned out to be wilful defaulters has started showing results. Banks, in the past did not experience the pain from stressed assets, as they were able to create provisions from the wide margins they enjoyed. With global changes in interest rates regime, such margins will not be available now. But all is not lost. Awareness about the need for professionalism has dawned at the right time. Now what is required is freedom for regulators and banks to manage their affairs professionally.

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