Stocks
Sensex, Nifty may shed some gains– Thursday closing report

If Nifty moves down, it will find support around 7650

We mentioned on Wednesday that the Indian indices will try to move higher. The benchmarks opened Thursday higher and immediately hit the day’s high which was also their new lifetime high. After this, Sensex stopped trading due to technical issue for more than three hours for which Securities and Exchange Board of India (Sebi) has sought a reply from the BSE.

The S&P BSE Sensex opened at 25,876 while CNX Nifty opened at 7,734. Sensex hit a high of 25,999 before it stopped trading because of network outage. Nifty hit a high at 7,755. In the last few minutes of the trading session the indices hit a low at 25,794 and 7,707. Sensex closed at 25,824 (down 17 points or 0.07%) while Nifty closed at 7,715 (down 10 points or 0.13%). The NSE recorded a volume of 109.72 crore shares. India VIX rose 1.34% to close at 17.8050.

Road Transport and Highways Minister Nitin Gadkari said that the government will initiate measures to turnaround the highways sector in two years by garnering funds to the tune of Rs1 lakh crore in a year.

Inflation is still uncomfortably high in India and the new government should avoid fiscal slippage as it seeks to revive the economy, the World Bank's India director told the media.

The Cabinet Committee on Economic Affairs (CCEA) on Wednesday approved the inclusion of onion and potato under the purview of stock holding limits under the Essential Commodities Act, 1955. This will empower the State Governments to undertake de-hoarding operations and control the prices of onions and potatoes.

India's services sector registered a strong growth in June 2014, a survey showed today. The seasonally-adjusted HSBC Services Business Activity Index edged up to a 17-month high of 54.4 in June 2014, from 50.2 in May 2014. New business flows and stronger business sentiment supported expansion in the services sector activity in June 2014.

Tata Motors (3.03%) was the top gainer in the Sensex 30 pack even though it reported a 27 % year-on-year decline in its June sales. Hero MotoCorp reported 10% growth over the corresponding quarter of the previous fiscal. The company sold 17,15,129 units of two-wheelers in Q1 of this fiscal compared to 15,59,282 units sold in the corresponding quarter of the previous fiscal. In June, Hero MotoCorp commenced production at its fourth manufacturing plant at Neemrana in Rajasthan. With the commissioning of the plant, which has an installed capacity of 750,000 units, Hero MotoCorp now has a total annual installed capacity of 7.65 million units of two-wheelers. Hero MotoCorp (3.17%) was the top loser in the Sensex 30 stock.

Eicher Motors today hit its 52-week high at Rs8,679.15 on the BSE. Eicher’s motorcycle sales surged 83% to 25,303 units in June 2014 over June 2013. Sales for models with engine capacity up to 350cc jumped 80% to 22,073 units in June 2014 over June 2013. Sales for models with higher engine capacity jumped 106% to 3,230 units in June 2014 over June 2013. Exports rose 60% to 784 units in June 2014 over June 2013. Eicher (5.16%) was among the top three gainers in the ‘A’ group on the BSE.

GMR Infrastructure (7.98%), top loser in the ‘A’ group on the BSE, has launched its qualified institutional placements. The price band is Rs31.5-32.4 and the floor price is Rs33.14. Apart from the QIP of $300 million, the board has also approved allotment of 18 crore preferential warrants to the promoters.

US indices closed Wednesday flat. Employment at companies climbed in June by the most since November 2012, a sign the US job market is strengthening along with demand, a private payrolls report showed. The 281,000 surge exceeded the most optimistic forecast and followed a 179,000 increase in May, data from the ADP Research Institute showed. Asian indices had a mixed record. Taiwan Weighted (0.44%) was the top gainer while Jakarta Composite (0.40%) was the top loser. European indices were trading higher. US Futures were trading marginally in the green.

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IiAS calls for greater clarity in company executive remuneration

The proxy advisory firm also recommended companies set caps on executive remuneration, and limit the range of the board’s powers to decide compensation

In India, pay packages for executive directors needs shareholders’ approval. But till now, managements have pushed shareholders to vote on executive director compensation with resolutions that are ambiguous, and effectively provide the board with a large amount of discretionary powers. Institutional Investor Advisory Services India Ltd (IiAS), citing three resolutions related with executive compensation that were defeated by shareholders of Tata Motors Ltd, said there is need to have greater clarity on such resolutions.

 

"Companies must wake-up to the message being sent by shareholders. These resolutions are built upon the practical understanding of investor psych: they are unlikely to vote against a resolution unless there is a material performance dip. Most compensation resolutions are merged with (re)appointment resolutions, adding to the decision-making dilemma, and creating a greater challenge for investors wanting to veto the resolution. A more proactive approach and independent oversight from the board/ management will go a long way in addressing this concern raised by shareholders," the proxy advisory firm said in a statement.

 

According to IiAS, on Thursday, three resolutions relating to executive compensation presented by Tata Motors were defeated, where 53% of the non-promoter shareholders participated in the voting. Remuneration resolutions need to be passed by a 75% majority – in these three cases, almost 30% of the votes were cast AGAINST, it said.

 

The recent amendments to Clause 49 of the Listing Agreement and the Companies Act 2013 break the compensation conundrum by enforcing disclosures that provide greater clarity on executive directors’ compensation. In addition to these, IiAS said it recommends companies set caps on executive remuneration, and limit the range of the board’s powers to decide compensation. Shareholders need clarity on what they are being asked to vote on.

     Source: IiAS

 

The proxy advisory firm said, the ambiguity of compensation resolutions could have material implications. While reviewing the pay practices of the BSE S&P Sensex and Nifty 50 companies (excluding public sector units), IiAS said it observed certain anomalies, like, the fixed pay is often ambiguous. This component comprises the basic salary along with perquisites and allowances (including accommodation, insurance, club memberships, leave en-cashment, conveyance, telephone etc). Companies do specify a standard set of perquisites that executive directors are eligible for, yet these are rarely quantified. The lack of an overall cap leaves shareholders guessing on what will be the actual compensation payout - the complete control over compensation and annual increments, for all intents and purposes, rests with the board. And sometimes, even a cap might not be enough to provide clarity. If the upper cap is very high, the basic salary can range within a very broad band.

 

While analysing such resolutions, IiAS assumes the last paid salary as the minimum. Companies must also provide clarity on the fixed pay because with lack of adequate disclosures, the other components i.e perquisites, allowances and retirement benefits, which flow from this number, become open-ended, it added.

Source: IiAS

 

Talking about short-term incentives like commission, IiAS said, in 40% of the Nifty 50 companies, the commission is either specified as a percentage of net profits or is left to the discretion of the board. "The idea of linking commission to profits is sensible. However, in large companies, where profits are more than a threshold (say Rs40-50 billion), companies must be far more specific about the commission payout, given that even a nominal percentage of the net profits can result in a very high payout range. If left to the discretion of the board, companies need to formulate and disclose the performance benchmarks which are used to arrive at the commission payable, and also set a reasonable cap on the maximum amount that will be paid," it added.

 

Employee stock options (ESOPs)

ESOPs are a long-term incentive tool used by companies to attract, retain and motivate employees. Given its inherent linkage with performance, most companies tend to grant large number of ESOPs to its employees, including executive directors. However, only one out of the Nifty 50 companies (who have ESOP schemes) actually spelt out the maximum number of ESOPs its director will be entitled to. In all other cases, it was left to the board. It can be argued that companies have to make annual disclosures on the number of ESOPs granted to its directors in that year. But that’s a post facto argument. Shareholders have the right to get some clarity on the number of

ESOPs that are likely to be granted to directors before their approval is sought.

 

"For example," IiAS said, "YC Deveshwar, Chairman of ITC, was granted 270,000 ESOPs in FY13 at an exercise price of Rs2,494. Considering that these options were valued at Rs647.92 each, his total compensation through stock options amounted to Rs175 million in FY13. This is significantly higher than his remuneration of Rs99.3 million disclosed to shareholders."

Source: IiAS

 

Not all companies pay excessive salaries. For example, Infosys, Sun Pharma and the Tata Group ensure that their executives are paid in line with the industry average. However, even their remuneration policies are designed in a discretionary fashion and are open ended.

 

Till now, most institutional investors have not openly voiced their view on this. However, they are slowly starting to question the high payouts. Not surprisingly, the regulators have started pushing for greater scrutiny of executive compensation in listed companies.

 

IiAS said it believes the new disclosure requirements can act as self-regulatory tools and may induce companies to be more considered in their compensation decisions. Moreover, the consistency in disclosures will create comparability, thereby fostering an environment of competitive behaviour that will serve shareholders’ interest and the corporate governance agenda.

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Tax-exemption games of educational trusts

Many educational trusts are merely a tax-dodging scams, leading to a decline in the quality of Indian education. Its time to review the tax benefits to these many profit making trusts

Two-thirds of the world is said to be covered by water. The rest, it may have been observed, is now teeming with Indian students – from students pursuing higher studies but graduates and high school students, along with those going for vocational and professional courses. Are they the fodder for tax-dodging “charities”, leading to a serious decline in education?

 

I am a product of what was known all over the world as one the best maritime training institution in the world - the Training Ship Rajendra (previously Dufferin) and the Directorate of Maritime Engineering. My contemporaries now head similar training establishments in countries as diverse as the US, Canada, Australia, Malaysia and Persian Gulf, and there is no part of the world where the maritime administration will not have a few Indians. But here in India, maritime training has now been brought down to such an extent that graduates are unable get placements. Just a few decades ago, we had dozens of shipping companies chasing each one of us.

 

Meanwhile in India, there are over a hundred maritime training institutes now, each one of them run by a "educational trust" and therefore also enjoys tax-free status or other benefits. Even then, the maritime education has largely run aground. So what went wrong with education in India? Many things, sure, but one of them was this whole tax-exempted game of "trusts".

 

One of the many examples, a bit more flagrant because its is named after the governor of India, is the DY Patil "group" of educational institutions, sports stadia, other stuff and of course, trusts. If you've lived or studied in Maharashtra, you can't be unaware of the venerable DY Patil group, “Padmashree” and more.

 

It seems that somewhere down the line, they forgot to get their Trust registered. But that did not stop them from moving ahead with their core agenda -- massive physical expansion. The Income Tax department had different ideas. Some is what the IT department found out about the educational trusts of “DY Patil Padmashree”

 

"The appellant-Trust for a longer period of 20 years or so remained under bona fide impression that it was duly registered u/s 12A(a) of the Act."

 

"According to the Commissioner of Income-tax, right from the date of inception, the Trust did not file any return of income and the returns were filed for the first time after issue of notice under section 148/153C of the Act. The main plea of the assessee before the Commissioner of Income-tax was that since the Trust has been granted 80G certificate bearing No 165/D- 88/0f 89-90 dated 09.06.1989 in response to application dated 23.4.1989 from 1.11.1988 to 31.3.1992, the Trust must have been registered by the Commissioner of Income-tax."

 

"The Commissioner of Income-tax further rejected assessee's request for condonation of delay observing that he was not satisfied with the reason that registration was already allowed and since the papers are lost, the delay should be condoned. Further, it was observed by the Commissioner of Income-tax that assessee has not maintained books of account in the normal course of business of the Trust and has not been getting its account books audited which was mandatory. In the absence of any return of income having been filed by the assessee, the Commissioner of Income-tax held that the assessee has deliberately prevented the Department from visiting its activities and, therefore, the assessee did not deserve condonation of delay."

 

"it was pointed out that the Commissioner has referred to the report of the Assessing Officer specifically in paras 12.2 to 12.3 wherein it is observed that income earned by the Society is totally on commercial lines and the society is not being run for charitable purposes."

 

"On the basis of the seized/impounded documents during the course of search/survey and the enquiries conducted later on it was concluded by CIT, Central, Pune vide order dated 30-11-2007 that the activities of the trust are neither genuine nor are being carried out in accordance with the objects of the trust. "

 

More details of the case can be found here

 

http://indiankanoon.org/doc/93595729/

http://indiankanoon.org/doc/33105958/

http://indiankanoon.org/doc/93932260/

 

Mark the Commissioner’s words: “The activities of the trust and neither genuine nor being carried out in accordance with the objects of the trust.” There is no dearth of similar information on a large number of other educational institutions. Large amounts of cash move around as capitation and other fees.

 

There is no reason to continue with this business of "tax-free trusts" instead of straight-forward corporate methods in education. As has been tried out in other countries, education can run on legitimate corporate basis, subsidies can go directly to the students or their parents. Or it is the State that runs education as a social measure.

 

In India, perpetrators of such tax-evasion are not only getting away with it but are bagging gubernatorial posts.

 

In this way, education has been systematically destroyed in India. Rich families are sending even junior and secondary school students to study abroad, because costs as well as quality of education are seen to be better. The latest one hears is that one of African countries, with a recently reviving economy, is putting up a large number of high-school-cum colleges and has been seeking teachers as well as support staff from India. To their surprise, while they received enough applications for staff who were to be provided board and lodging as well as decent salaries with high savings potential, they also started receiving serious enquiries from parents of students. Why, flourishing healthcare chains are now opening medical colleges to train future Indian doctors abroad – and that too in Cayman Islands! Please see this:

http://www.healthcitycaymanislands.com/ which acknowledges the role of Dr Devi Shetty of Bengaluru.

 

(Veeresh Malik started and sold a couple of companies, is now back to his first love—writing. He is also involved in helping small and midsize family-run businesses re-invent themselves.)

 

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COMMENTS

DEEPAK DANG

3 years ago

It is true. Question is what is the motivating factor behind perpetrators of such tax-evasion. Who is guiding them? The Deptt., which has granted exemption does not ask for return & other documents regularly. On the other hand an honest tax payer, whose tax has been deducted at source has to file return.The education has been systematically destroyed in India instead of any improvement that too it has become a costly affair..

REPLY

Veeresh Malik

In Reply to DEEPAK DANG 3 years ago

Dear Deepak Dang, what is guiding them is the simple fact that we, the Citizens of India, do not complain enough, we do not ask questions enough on how money is not being collected and/or how money is being mis-spent. And we need to change this! Ask and demand answers!!

brgds/VM

Veeresh Malik

3 years ago

To give all readers an idea, this is how it works, take a subject that you think needs to be addressed, can be a local issue in front of your home or outside office or on the way, or a National issue, and file a simple, short, PG. Online. Free. No paper.

Like the one I have just filed for this article itself, you may read it here, Your Registration Number is : DORVU/E/2014/00333

What this does is that it starts an audit trail, especially if the issue pertains to loss of revenue to Consolidated Fund, or fraud on the expense side.

Think about it - unless we as citizens dont want to end corruption, how will things work? ALL of us have the power to be Inspectors now, and we have 4-5 years to do this.

http://pgportal.gov.in/Default.aspx

Gopalakrishnan T V

3 years ago

Dear VM,
Thank you for your quick response.I have all appreciation for your sensitivity and concerns on the issues of corruption our masses face.After the New Government has taken over I find more expressions and outbursts on black money, corruption, hoarding and all types of antisocial activities but is there any solution is what bothers all of us. I have been writing for the last several years on various issues and nothing has happened except exchange of some correspondence among the well wishers appreciating the contents.Poor Anna Hazare has been some how kept out and our politicians and bureaucrats know the game better being in power to outsmart every one who really fight.Politicians change, but bureaucrats and the corrupt system grow unchallenged.They are really superintelligent and they ensure that nothing happens in the system.Anyway, we should keep on fighting with the hope that Ache Din Ayega.Wish you and the Money Life all the best. Assuring you all the support.

REPLY

Veeresh Malik

In Reply to Gopalakrishnan T V 3 years ago

Dear Gopalakrishnan TV-anecdotal-on a DTC bus one day, I saw another commuter take a photo of the ticket checkers who entered the bus and held up the bus while checking the pax. This was at peak rush hour and the people had already asked the checkers to let the bus move while they checked. The TCs asked him why he took a photo, and the man said he was going to post this on social media, at which point I joined in and said - I will add this to the PG Cell also.

The PM of our country has specified 3 priorities - Defence, Centre-State and Public Grievances. Please try the online PG Cell mechanism - it works. I am slowly but steadily working through my past articles and converting many of them into PGs, and suggest you do the same too. I also have a short book on the subject but the PG Cell is fairly self-explanatory.

Things are changing - ex-Governors and Air Force chiefs are about to go in, so are Port trust Chairmen. Please do not lose hope?

Thank you.

ps-I have PGs filed as far back as 2011 which are being answered and moved now. The current ones are rocking ahead too.

http://www.amazon.com/Indias-Online-Publ...

http://pgportal.gov.in/

Gopalakrishnan T V

In Reply to Veeresh Malik 3 years ago

Thank you very much Veeresh Malik. I have been reading your articles in TOI and many times I have respondes also.I have been regularly writing articles in Business line and i have been expressing views on various issues through letters to the Editor and posting of comments. I have a separate blog and the articles on Corruption and various other topics particularly on banking and finance. My blog is econo-reflexions.blogspot.com. Thank you once again for furnishing the portals where we can post our grievances.What we want is a comfortable , peaceful and safety living for the masses which the country can easily provide with its abundant resources.

Veeresh Malik

3 years ago

Some more comments on this article from my FB page -

# Varun Arya - (ex-IIT/D, IIM/A, Aravali Institute of Management, Jodhpur) Yes, this is unfortunately correct. While the scamasters with massive siphoning of funds and collecting huge reserves get scot free because they are able to "manage" the authorities but those who are genuine ones with paltry reserves for their growth and sustenance are harassed endlessly because they refuse to compromise. There is nobody to ask these authorities any question, what to talk of any action against them, for fleecing the nation for their vested interests.

Krishna AchutaRao - (ex-BITS/Pilani, ex-USA various, currently teaching at IIT-D) No Veeresh, they are not merely tax-dodging scams. The main purpose is to grab land. In the process they are life ruining for many faculty who get hired. They routinely pay half the salary while asking you to sign saying you were paid in full. And they prey on the gullible students with no real options but to go to a college that looks better (painted) than the government college in her town.

and

I have students who have had to extricate themselves from teaching jobs by paying what amounts to a ransom to get their certificates back. Why an employer keeps originals in this day and age is anybody's guess.
Even institutions that pay by EFT have been known to get part of it transferred back!
The number of current/former MLAs/MPs and godmen/women running educational institutions is a dead giveaway that it is a pig trough out there........

Ralph Rau

3 years ago

The Indian Education System needs a breath of fresh air. That is allow the Top 25 or Top 50 or Top 100 Globally ranked Universities to open Indian campuses. These would not have to be too large as class-room training would not take up more than a day a week.

But it is crystal clear that both the Government funded and private "operators" will not survive once the foreign players come in.

NAMO's governmment needs to wake up, smell the flowers, allow Foreign Universities in and keep Indian students home instead of sending valuable forex to the UK, USA and Australia.

REPLY

Veeresh Malik

In Reply to Ralph Rau 3 years ago

Dear Ralph Rao, thank you for writing in, and you have made some valid points. You can help, however, by spreading the word some more. thanks and brgds/VM

sohan modak

In Reply to Veeresh Malik 3 years ago

Rao is kite flhying and hoping to corner some mullah in the game of capitation fees. Opening foreign university campuses will serve no purpose as real education requires a concerted contact between student/s and teachers/mentors, something tht would not materialize with fly by wire sharply dressed edu-frauds. We don't need fly by wire campuses that would put additional drain on our foreign reserves and bring in nothing of value except pink tickets.

Gopalakrishnan T V

3 years ago

This article should be an eye opener to the Government to see how things are going wrong in the economy and how tax evasion has become an art by itself.Educational Institutions, Charitable and Religious truts, NGOs and many known and unknown establishments including well reputed business establishments evade and avoid tax through legal and illegal ways. The Government and poor people suffer for want of adequate means to survive where as there are resources in the economy, very rich institutions, super rich individuls exploiting the gap in the Governance of the economy.The paradox is that the economy is depressed and poverty dominates every where and there is no shortage of richness in the economy.Can this Government address the problem? Yes, provided the Government can be a bit harsh on the Governance Standards and be after the enforcement of the existing laws of the Country. The budget should give the signal that no nonsense would be tolerated and the tax dues to the Government should be remitted first. Exemptions should be completely eliminated without giving any scope for manipulation. Make the tax laws simple, affordable, attractive to comply than to evade. Ensure that the Government captures all data where money is generated.Make Financial and Banking Inclusion a reality and ensure that no major transaction escapes the reporting and scrutiny. Revamp the Income Tax Department and seek the help of Infomation Technology. The first budget is a golden Chance to initiate action on the Governance Deficit experienced in the Country.

REPLY

Veeresh Malik

In Reply to Gopalakrishnan T V 3 years ago

Dear Gopalakrishnan TV, thank you for writing in, and first of all - the government is very aware of how things are, all my information is from open and freely available documents. What is needed now is for more of us to spread the word as well as ask questions, file Public Grievances, and let our elected & selected representatives/public servants know that they can not get away with this forever. brgds/VM

Thiruvengadam

3 years ago

The new educational institutions are mostly run by Politicians who are INSULATED by law because of their power.

REPLY

Veeresh Malik

In Reply to Thiruvengadam 3 years ago

Dear Thiruvengadam, thank you for writing in, and no longer are our elected & selected representatives insulated from prosecution if WE stand up and demand it. Let us do so? brgds/VM

Nagesh Kini

3 years ago

They are all essentially 'for profit' entities set up by political big wigs and agricultural barons to launder black money. They need to be mandated to operate as corporate entities and certainly not as trusts or NPOs. Thereby brought to tax. No more Sec.80G too.

REPLY

Veeresh Malik

In Reply to Nagesh Kini 3 years ago

Dear Nagesh Kini, thank you for writing in, and you can help by filing RTIs as well as spreading the word far and wide, thank you/VM

Nalin Patel

3 years ago

very informative,

REPLY

Veeresh Malik

In Reply to Nalin Patel 3 years ago

Thank you for your comment, please help by spreading this article far and wide, grateful . . . rgds/Veeresh Malik

Anil Agashe

3 years ago

I agree fully. Most educational institutions are large profit making bodies and there is nothing charitable about this.

REPLY

Veeresh Malik

In Reply to Anil Agashe 3 years ago

Dear Anil Agashe, thank you for writing in, and you can surely help by spreading the word some more? grateful for the twitter retweet also . . rgds/VM

sohan modak

3 years ago

Most educational trusts ranging from Sri Sri to Wakpf to Convents, from Management to biotechs, Engg to Medicine are private money spinning machines that actualy sell degrees without employing qualified faculty and benifit from Tax exemption credits that goes into the pocket of politicians and their cronies and Education receiveds nothing except unemployed status to unqualified degree holders. Actually, this game is being played even more cleverly by hospitals that run the so called research centres that produce neither any research nor affordable health care. Remove Tax exemption status from Pvt Educational institutions/foundations that do not employ qualified teachers in tenured positions and bring transparency to the capitation fee scams.

REPLY

Veeresh Malik

In Reply to sohan modak 3 years ago

Dear sohan modak, thank you for writing in - and this will go further, your valid points, if you help by spreading the word further? Thank you and brtgds/VM

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