SEBI bars Suraksha Industries India from soliciting money from investors
Suraksha Industries India was engaged in fund mobilising activity through issue of Redeemable Preference Shares to more than 49 persons without complying with the provisions of the Companies Act, 1956, according to a SEBI Order
SEBI passed an order directing Suraksha Industries India Limited not to mobilise funds from investors. The company and its directors are prohibited from issuing prospectus or any offer document or issue advertisement for soliciting money from the public for the issue of securities. The company and its directors shall not dispose off any of the properties of the company and shall not divert any funds raised from the public, according to the SEBI Order.
The company was engaged in fund mobilizing activity through issue of Redeemable Preference Shares to more than 49 persons without complying with the provisions of the Companies Act, 1956.
SEBI received a complaint dated 5 September 2014 against Suraksha Industries India Limited alleging mobilisation of money through issuance of preference shares and non-payment of maturity amount thereon. The complainant also enclosed a copy of Redeemable Preference Share Certificate issued by Suraksha. SEBI immediately began to investigate the matter.
As the company was not forthcoming with complete information to assist SEBI in its investigation, SEBI also obtained information from MCA21 Portal.
The SEBI Order infers, “It is clear that Suraksha had issued and allotted Redeemable Preference Shares to at least 794 investors and raised an amount of at least Rs82.23 lakh during the financial year 2012-13.”
SEBI points out, “The number of investors to whom the Offer of RPS was made by Suraksha in a single allotment (on 01.06.2012) was much beyond the prescribed limit of forty-nine persons. In view of the above stated facts, the Offer of RPS by Suraksha prima facie qualifies as a public issue of securities under Section 67(3) of the Companies Act, 1956, which has been elucidated by the Hon'ble Supreme Court of India in the Sahara Case.”
SEBI continues, “it will follow that since the Offer of RPS is a public issue of securities, such securities shall also have to be listed on a recognised stock exchange, as mandated under Section 73 of the Companies Act, 1956.”
Hence, SEBI infers, “In the facts of the instant case, it prima facie appears that Suraksha has violated the provisions of Section 73 of the Companies Act, 1956, in respect of the Offer of RPS.”
With respect to prospectus for public issue, the SEBI Order says, “Having made a public offer, Suraksha was required to register a prospectus with the RoC under Section 60 of the Companies Act, 1956. In this case, there is no evidence on record to indicate that the requirement had been complied with, by Suraksha. In view of the same, I find that Suraksha has prima facie not complied with the provisions of Section 60 of the Companies Act, 1956.”
The SEBI Order points out, “I am of the view that Suraksha is prima facie engaged in fund mobilising activity from the public, through the Offer of RPS and as a result of the activity has violated the provisions of the Companies Act, 1956 (Section 56, Section 60read with Section 2(36), Section 73).”
In this case, SEBI feels that the money has been illegally collected from investors and must be returned to them. The SEBI Order continues, “In this context, Suraksha and its Directors are advised to show cause as to why suitable directions/prohibitions under Sections 11(1), 11(4), 11A and 11B of the SEBI Act including the following, should not be taken/imposed against them: 
i.  Directing them jointly and severally to refund money collected through the Offer of Redeemable Preference Shares along with interest, promised to investors therein; 
ii.  Directing them to not issue prospectus or any offer document or issue advertisement for soliciting money from the public for the issue of securities for an appropriate period; 
iii.  Directing them to refrain from accessing the securities market and prohibiting them from buying, selling or otherwise dealing in securities for an appropriate period.”
Finally, the SEBI Order warns that the Order is without prejudice to the right of SEBI to take any other action that may be initiated against Suraksha and its directors, in accordance with law.


Tax Tentacles – 5: A New Approach Based on Streams of Income
If 10% tax is deducted uniformly from all streams of income and diverted at source to the government, there will be enough revenue coming in steadily without the hassles of computation and refunds 
Income is generated as earned income by way of salary from employment or income from occupation or business. Unearned income is derived as dividend from equity or interest from debt by giving loans or making deposits by deploying savings. At present, income is classified into five heads - salaries, interest, rent, business and other sources i.e., sources other than the previous four. Many of them are similar to the first four but classified as income from other sources, only because they do not clearly fit the definition of the first four. Now, tax deduction at source is done on all these incomes and then a return has to be filed by the taxpayer aggregating the income for deducting exemptions and finding the appropriate rate of tax. 
The aggregation of incomes serves no real purpose except to make people believe that they get some exemptions. However, no one is actually exempt from tax, because everyone pays indirect tax on goods and services at the average rate of 15%. In the case of those who pay income tax, it actually means that they pay 45% if they are in the highest bracket of tax. Considering the exemption limit it has been determined that, the effective rate of tax to be deducted at source will be 10%. Therefore, if this 10% is deducted uniformly from all streams of income and diverted at source to the government, there will be enough revenue coming in steadily without the hassles of computation and refunds. 


If we look at salaries we find that in respect of government salaries and pensions, what is given by government is taken back with lot of paperwork. Will it not be cost effective, if tax on government salaries is replaced by a 10% cut without having to do the paper work. A rupee saved for government is a rupee available to be spent on development, and the staff is released from preparation of tax deducted at source (TDS) documentation and available for more constructive work.  For instance, in Sri Lanka, government salary was not taxed for 30 years on the ground that their salaries were deliberately fixed low compared with the commercial salaries. It is only recently that salaries above Rs50,000 per month have been included in the PAYE system just to show that they also pay tax.  
In the alternative, in respect of all salaries there can be a payroll tax to be paid by the employer from the total wage bill leaving it to the employer to fix the wages without tax. There will be considerable saving in paper work as it will release the employees from filing returns. To give the department credit, this is being tried in a small way by accepting the form 16 of the employer as the return. Thus, all salaries can be tax-free in the hands of the employees and yet they would all be contributing to the nation building. If there is some concern about progressive rate, we can think of maximum wage similar to minimum wage, such that, those getting salary more than the maximum will have to surrender the excess to government. 
The concept of gross pay is a purely notional amount. We all know that income is only that is available for us to spend. When one receives his pay, his main concern is for the amount actually in the pay cheques credited to his account or wage envelopes. Tax deductions on the gross pay figure appear to be a tax on income. However, it actually becomes the liability of the employer and also a priority debt. Therefore, in reality it is an employment tax concealed as wages with the additional surcharge of cost of compliance. 
The system of deduction of tax at source or TDS is a hidden tax on the employers because of the cost of compliance. It is the computation of the notional gross pay by evaluating and adding the value of perquisites that creates the burden to the employee. Therefore, if the salary is also taxed at the point of distribution from the employer, there is no need for individual salary returns. The perquisite value could be incorporated in the computation of taxable income of the business by making appropriate disallowance. The enormous saving in paperwork, the value of paper and the relief to the class of assesses who feel oppressed, would be more than the revenue, if any, lost. Moreover, every employee can feel that he is contributing to the nation, as the flat small rate would be evenly distributed among all the employees. The pay slip could contain the amount contributed by him so that he can be proud of it.


Interest that was treated under a separate head was only interest from Government Securities, which has been repealed. Interest from banks and on loans and deposits are taxed as income from other sources unless derived from money lending business. In respect of interest, all payouts will be by financial institutions and business units and diversion at the time of credit with a fixed percentage should be enough. In respect of dividends from debt funds, there is already a dividend distribution tax by section 115-O, which keeps the dividend income out of the computation of total income. If it is considered necessary, certain classes of assessees can be exempted from this diversion by leaving them out - for example, Senior Citizen Funds and Provident Funds can be exempted. 

Income from Property

As far as income from property is concerned, it is actually a double taxation when the local authority also levies a tax based on annual rent. Perhaps it will be wise to leave rents alone unless there is evidence to show that the loss of revenue by not taxing rent is quite substantial. In any case, self-occupied property is exempted. If property is held as a business asset such income should be taxed as income from business.

Capital Gains

Capital gains is actually not income at all but is deemed to be income. We have the added complication of the gains being offset by inflation and relief given by way of indexation of the cost for calculation of the real gains in respect of assets held for a long term. Short-term capital gains is included in the total income and would be part of business income if the asset were a business asset. Even at present capital gains in virtually kept out of the total income for computation. Some way has to be devised for diverting the tax on income from sale of assets held by individuals, which is not held as business assets. In the case of immoveable property, there is already the system of deducting tax at source. Therefore, the next step in that regard is to keep it entirely out of total income just as in the case of lotteries

Income from Lotteries

The present system of taxing income from lotteries can be the forerunner for the new system. Such income though included in total income is separately taxed at a fixed rate and deducted at source. Disclosure of this income in the income tax return is only for information and not for taxation. Since this information can be captured through the deduction process there is no need for filing a return. 

Income from Business

Income from business is a class by itself. Even in the present system, it has its own computation formula. It also has international ramifications. The additional nuance is that different treatment is prescribed for business income of different status. If business income is treated separately as a stand-alone taxable identity irrespective of the status of the ownership, then we can do away with the classification of assessees. 
It would also enable better census of business, if all businesses, conducted in any status, is required to be registered and taxed separately. In the case of individuals we can even think of limited liability partnership (LLPs) with the government as the other partner. In the US, individuals are encouraged to form one man companies to conduct business so that he takes a salary, which is subject to tax at source and the business income is computed separately. Share of income of the shareholders in companies are exempted as what they receive is already taxed in the hands of the company. Following the same pattern, it can be provided that every business unit should get registered and pay distribution tax on dividends, salaries and interest apart from income tax on its profits. In this way, business profits will be taxed separately and individuals need not be taxed on business income.

Wealth Tax

Apart from aggregating income for tax on total income, we also have another matter to consider. We have a wealth tax, which is now imposed only on non-performing assets (NPAs), which are practically these six items: buildings, motor cars, jewelry, boats and aircraft, urban land and cash in hand over Rs50,000. The department proceeds as if it has no way of knowing whether any individual holds these assets, unless the individual files a return. However, some kind of registration is required for holding all these assets except jewelry and it will be easy to compile a profile if all such registration is linked to the PAN number. 
Similarly, unless the department gets information about all sources of income, the attempt to tax the total income becomes a difficult exercise. Every attempt to simplify the return is followed by adding columns for additional data, because simplifying requires sacrifice of details. Now even the declaration for receiving income without deduction of tax one source of income requires details of all other assets held by the assessee. The best option will be to make a profile of each high net worth assessee and get it ratified by him. If the banks can be empowered to prepare a balance sheet for each account holder, then it will be convenient to check leakage of revenue. Perhaps the constitutional mandate for redistribution of wealth can be done only through wealth tax. Gifts are now taxed as income unless it is within the family. When the stream of income is taxed, transfer of capital will not matter.
(This is fifth part of a multi-part series on the vexing Indian tax system and the path to genuine reforms, adapted from Justice S Rangarajan Memorial Lecture in Bangalore delivered recently)
Tomorrow: Part6 - Expanding the Tax Net
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(Justice TNC Rangarajan is a former judge of Madras and Andhra Pradesh High Courts. Earlier, for more than 20 years, he was a Judicial Member of Income Tax Appellate Tribunal.)



Arunkumar A Vijayan

2 years ago

Wealth Tax has been abolished recently. Isn't it?

Bihar's Muslims donate land for world's largest Hindu temple

Kunal, a former Indian Police Service officer, said that Muslims have come forward to ensure that the temple comes up soon


Muslims in Bihar, in a stellar demonstration of communal harmony, have donated land to help build the world's largest Hindu temple which will have the capacity to seat a staggering 20,000 people.
"Muslims have not only donated land, they have also provided land at a nominal rate for construction of the world's largest Hindu temple. Without help of Muslims, it would have been difficult realise this dream project," Acharya Kishore Kunal, secretary of the Patna-based cash-rich Mahavir Mandir Trust that is undertaking the ambitious project, told IANS. 
Kunal, a former Indian Police Service officer, said that Muslims have come forward to ensure that the temple comes up soon. The construction of the temple will commence in June at Janki Nagar near Kesaria in East Champaran district, about 150 km from here. It will cost over Rs.500 crore.
"It is usual for Hindus to donate land for temple, but it is unusual for Muslims to donate land for the construction of temple," he said and added that Muslims should be lauded for joining hands with Hindus to donate land for a pious cause.
Kunal said that more than three dozen Muslim families have their land in the middle of the proposed location of the temple and some Muslims families have land along the main road that connects to the project site. 
"Some Muslims donated lands and others helped and supported us to purchase their land for the temple. If Muslims had not come forward, the temple project was sure to have got delayed..."
He said that Mahavir Mandir Trust has obtained 200 acres of land. "Hindus and Muslims have donated about 50 acres of land and the remaining has been purchased."
Earlier, some Muslims had helped build a Hindu temple dedicated to Goddess Durga in Gaya district, another temple was dedicated to God Shiva in Begusarai district and in Sitamarhi district.
Mumbai-based Valecha Construction Company will construct the temple, which will be 2,500 feet long, 1,296 feet wide and 379 feet high.
"The temple will be earthquake proof (since it) is near the Nepal border," Kunal said.
Gurgaon based Radheyshyam Sharma, director of Indgenious Studio Pvt Ltd, will look after the architectural aspects. 
He said the Virat Ramayan Mandir will be taller than the world famous 12th century Angkor Wat temple complex in Cambodia, which is 215 feet high. The complex will comprise 18 temples with high spires and its Shiv temple would have the largest Shivling in the world, another distinction.
He said the temple would have a seating capacity of 20,000 people in the hall facing the main temple having the idols of Ram, Sita, Luv and Kush. According to him, no temple in the world has such a huge seating capacity.
He said the temple was to be named "Virat Angkor Wat Ram Mandir", but later its name was changed following objections by people in Cambodia.
Angkor Wat was built during king Suryavarman's rule and is today a Unesco World Heritage site.


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