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12<br />
Briefly<br />
India, Syria launch<br />
joint biz council<br />
Damascus: India and Syria<br />
on Sunday launched a Joint<br />
Business Council to double<br />
bilateral economic and trade<br />
volumes with visiting<br />
President Pratibha Patil saying<br />
that at current levels<br />
they were “far below potential”.<br />
– PTI<br />
NTPC signs pact<br />
with MP<br />
New Delhi: NTPC has inked<br />
a power purchase agreement<br />
(PPA) with Madhya<br />
Pradesh State Power Trading<br />
Company for sale of power<br />
from its upcoming facilities<br />
in Chhattisgarh and Madhya<br />
Pradesh. NTPC is developing<br />
Lara Super Thermal Power<br />
Project in Chhattisgarh and<br />
Barethi Super Thermal<br />
Power Project in Madhya<br />
Pradesh. – PTI<br />
Toyota gears up<br />
for Etios launch<br />
Bangalore: Japanese automobile<br />
giant Toyota Motor<br />
Corporation is gearing up for<br />
the launch of Etios car in<br />
India on Wednesday with its<br />
president Akio Toyoda flying<br />
down for the event.<br />
Bookings for the car will<br />
begin on December 1 with<br />
delivery will start from<br />
January 1. – PTI<br />
Interviews for Sebi<br />
chief on Dec 3<br />
New Delhi: The government<br />
may soon decide on the successor<br />
for Sebi chief C B<br />
Bhave, with a selection<br />
panel scheduled to hold<br />
<strong>final</strong> interviews on<br />
December 3. Among those<br />
short-listed for the post,<br />
mutual fund industry body<br />
AMFI’s chairman U K Sinha,<br />
and corporate affairs secretary<br />
R Badyopadhyay<br />
are said to be the top<br />
contenders for the<br />
position. – PTI<br />
Nearly 100 malls<br />
to come up by ‘12<br />
New Delhi: Nearly 100<br />
shopping malls are likely to<br />
come up by 2012 in seven<br />
major cities of India on<br />
expectation of increased<br />
demand from retailers,<br />
according to a report from<br />
property consultant Jones<br />
Lang LaSalle. – PTI<br />
CERC hits out at states<br />
blocking power to grid<br />
Chennai: Power sector regulator Central<br />
Electri<strong>city</strong> Regulatory Commission (CERC)<br />
on Sunday warned states including, West<br />
Bengal, that investments in the sector could<br />
be hit if they continue to block electri<strong>city</strong><br />
supply to the National Power Grid.<br />
“States like Tamil Nadu, Kerala, Karnataka<br />
and West Bengal have blocked access to the<br />
grid under the Section 11 of the Electri<strong>city</strong><br />
Act 2003. You (states) cannot do that...”,<br />
CERC chairman Pramod Deo told reporters<br />
here.<br />
Certain states have blocked supply access<br />
to the grid, which runs against the spirit of<br />
Section 11 of the Electri<strong>city</strong> Act 2003, he<br />
said.<br />
Some of the states had blocked access citing<br />
power shortage in their respective territories.<br />
“In Karnataka, the High Court passed that<br />
order and we have challenged it in the<br />
Supreme Court. The Central Government<br />
had also joined in this.. Even Tamil Nadu<br />
under Sec 11 has blocked access and the<br />
reason given by the government is shortage,”<br />
Deo, who was here to participate in All<br />
India Conference of Chairmen of Central<br />
and State Electri<strong>city</strong> Regulatory<br />
Commissions, said.<br />
This kind of action by states would result<br />
in decreased investments, he said.<br />
“If state governments have a contract or<br />
Power Purchase Agreements (PPA), they<br />
cannot break it. But if they do not have a<br />
The Bengal Post Kolkata Monday November <strong>29</strong>, 2010<br />
BUSINESS<br />
contract, they can supply for anyone...,” he<br />
said.<br />
Deo also opined that each state should<br />
study availability of power. “You cannot say<br />
Chennai will get 24 hours power supply and<br />
a village outside Chennai will have it only<br />
for four hours. First you should study how<br />
much electri<strong>city</strong> is available”.<br />
He pointed out that it was the duty of the<br />
regulatory commission and distribution<br />
company to study the availability of power<br />
and said only Maharastra is currently following<br />
it. On the Renewable Energy<br />
Certificate Regulation, he said it would be<br />
implemented by January 2011 and the new<br />
PPA signed later would adhere to it.<br />
“If you had already signed a PPA, then<br />
they will still be governed by gross and<br />
returns. But those PPAs signed after January<br />
2011 would follow the new norms,” he said.<br />
However, he clarified that the volume of<br />
REC that would come up for trading cannot<br />
be estimated. – PTI<br />
Houlihan Smith to float 3<br />
funds, keen on acquisitions<br />
Madhumita Mookerji<br />
Kolkata: Houlihan Smith, a<br />
specialized investment<br />
banking firm, has major<br />
plans for panning out in<br />
India, where it has started<br />
its operations from May.<br />
It aims to shortly float<br />
three India-dedicated funds<br />
in the areas of manufacturing<br />
in the small and<br />
medium sector, managed<br />
healthcare and renewable<br />
energy. Speaking exclusively<br />
to The Bengal Post,<br />
Jaydip Sinha, managing<br />
director, Houlihan Smith &<br />
Co India, said the corpus of<br />
these funds will be around<br />
$50 million each for manufacturing<br />
and managed<br />
healthcare and $45 million<br />
for renewable energy.<br />
Sinha also said the investment<br />
banking company is<br />
looking at acquisitions in<br />
India as a means to growth.<br />
“We are looking to acquire a<br />
middle market investment<br />
banking company in<br />
India…We can invest<br />
around $30-40 million<br />
raised from our profits in<br />
making the acquisition,”<br />
Sinha said.<br />
In India, Sinha said,<br />
Houlihan is exploring sectors<br />
like manufacturing,<br />
telecom and infrastructure.<br />
In the eastern region the<br />
focus will be on manufacturing,<br />
infrastructure, education<br />
and auto components<br />
clusters (in<br />
Jameshedpur, for instance).<br />
“We are looking at facilitating<br />
funding of around<br />
$30-40 million in the eastern<br />
region in the next one<br />
year,” Sinha added.<br />
Nationally, it is looking at<br />
funding opportunities<br />
worth $180-200 million.<br />
Houlihan Smith offers<br />
financial advisory services<br />
Know taxes linked to<br />
your residential status<br />
Tarun Chaturvedi<br />
PERSONAL<br />
MATTERS<br />
Globally, taxability of an individual is<br />
linked to the residential status enjoyed by<br />
him under the domestic tax laws. India is no<br />
exception to this rule. An individual is taxed<br />
based on his residential status in India. An<br />
ordinary resident in India is taxed on his<br />
global income whereas a non resident Indian<br />
(NRI) is taxed on only that part of this global<br />
income which is earned / accrued in India.<br />
These concepts are generally to be understood<br />
and put into practice only under expert<br />
advice but nonetheless an individual should<br />
be aware of the basic rules and concepts in<br />
this respect.<br />
The residential status of an individual in<br />
India is determined based on the physical<br />
stay of an individual in the relevant financial<br />
year (tax year) as well as preceding ten tax<br />
years. This is particularly relevant in respect<br />
of Indians working overseas or having<br />
income/income earning assets outside India.<br />
Residential Status:- Broadly, and individual<br />
could be a resident or a non-resident in a particular<br />
tax year. Once an individual’s residential<br />
status is determined to be a resident, it is<br />
further examined whether he is an ordinary<br />
resident or not an ordinary resident in India.<br />
Physical Stay- Basic test:- An individual is<br />
said to be a resident in India if he fulfils any of<br />
the following two conditions. First, if he is<br />
present in India for a period of 182 days or<br />
more in that tax year OR second, if he is present<br />
in India for a period of 60 days or more<br />
during the relevant tax year and at least 365<br />
days or more during the four preceding tax<br />
years. In case an individual does not satisfy<br />
any of the above two basic conditions, then<br />
he is said to be a non-resident.<br />
Concession for NRIs :- In the case of a citizen<br />
of India, who leaves India in any tax year<br />
for the purposes of employment outside<br />
India, the above said period of 60 days is substituted<br />
by 182 days. This is particularly beneficial<br />
for individuals going and working<br />
overseas in a particular tax year. Similarly, in<br />
the case of a citizen of India or a person of<br />
Indian origin who being outside India, comes<br />
on a visit to India in any tax year, the above<br />
said period of 60 days is substituted by 182<br />
days. This is helpful for non-resident Indians<br />
who visit India for family or other purposes.<br />
Not Ordinary Resident:- In the case of an<br />
individual who is a resident, it is to be further<br />
determined whether he is an ordinary resident<br />
or not an ordinary resident. A person is<br />
said to be not ordinary resident if he satisfies<br />
any of the following additional conditions.<br />
First, if he has been a non-resident in India in<br />
nine out of the 10 previous years preceding<br />
the relevant tax year OR second, if he has<br />
been in India for 7<strong>29</strong> days or less in the seven<br />
tax years preceding the relevant tax year. If<br />
none of the above two conditions are satisfied,<br />
then a person is said to be an ordinary<br />
resident.<br />
Tax Incidence:- An individual who is an<br />
ordinary resident is taxable on his worldwide<br />
income, irrespective of the place of receipt or<br />
accrual of such income. Thus, broadly speaking,<br />
rental income, business income, interest,<br />
dividends, capital gains etc. earned / received<br />
overseas would be taxable in India.<br />
In the case of a person who is not<br />
Ordinarily Resident, any income other than<br />
income accruing or arising outside India is<br />
taxable in India. However, in the case of such<br />
income that accrues or arises outside India is<br />
derived from a business controlled in or a<br />
professional set-up in India, then the same<br />
would also be taxable in India.<br />
In case an individual is a non-resident,<br />
then only income received / deemed to be<br />
received or accrued / deemed to be accrued<br />
in India is taxable in India. Thus, broadly<br />
speaking, his overseas income would not be<br />
taxable in India, provided it is first received<br />
outside India.<br />
DTAA:- It is also important to examine the<br />
conditions laid out under the respective<br />
Double Taxation Avoidance Agreements<br />
(DTAAs), also know as treaties, which India<br />
has entered into with other countries to<br />
<strong>final</strong>ly determine the taxability or otherwise<br />
for any particular source of income.<br />
Generally, the DTAAs provide for taxability of<br />
income in one country. Else, if the income is<br />
subject to tax in both the countries, then<br />
credit could be claimed for tax paid in the<br />
other country, subject to the prescribed conditions.<br />
and funding to middle market<br />
companies (with<br />
turnover ranging from $5-<br />
50 million) in the US. In<br />
India, it is targeting those<br />
with a topline of at least `10<br />
crore.<br />
It advises the top 20<br />
hedge funds globally. Its<br />
various activities include<br />
valuations, mergers and<br />
acquisitions advisory, corporate<br />
finance, asset management<br />
services operational<br />
restructuring. It also<br />
manages funds registered<br />
in tax havens.<br />
Houlihan Smith recently<br />
participated in ENGEETECH<br />
2010 expo and BACE EXPO<br />
2010 (Building,<br />
Architectural, Construction<br />
& Engineering Expo), where<br />
Sinha spoke on “Business<br />
growth & financing needs of<br />
Indian SMEs through middle<br />
market investment<br />
banking”.<br />
DRIVING AHEAD<br />
Government tightens provident<br />
fund norms for foreign workers<br />
New Delhi: India has tightened<br />
norms for withdrawal<br />
of provident fund by overseas<br />
workers employed in<br />
the country, prohibiting<br />
them from taking back this<br />
money until they are 58<br />
years old or are incapacitated.<br />
“An international worker<br />
may withdraw the full<br />
amount standing to his<br />
credit in the Fund : a) on<br />
retirement of services in the<br />
establishment at any time<br />
after the attainment of 58<br />
years, b) on retirement on<br />
account of permanent and<br />
total in capa<strong>city</strong> for work due<br />
to bodily or mental infirmity,”<br />
said an amendment<br />
carried out by the Labour<br />
Ministry.<br />
However, analysts said<br />
that these norms have been<br />
tightened for those countries<br />
that don’t have social security<br />
agreements (SSA) with<br />
India and the move may<br />
prompt them to go in for<br />
such pacts.<br />
India has such agreements<br />
with 11 countries, but they<br />
are effective only with<br />
Germany and Belgium.<br />
“In general, international<br />
workers (IWs) coming from<br />
non SSA country will not be<br />
eligible to withdraw their PF<br />
accumulations before the<br />
age of 58. This may block<br />
huge amounts of contributions<br />
made by IWs and their<br />
employers,” said Vineet<br />
Agarwal, Director with consultant<br />
KPMG.<br />
This amendment, said<br />
Agarwal, will cause financial<br />
hardships to IWs who were<br />
making contributions to PF<br />
under the impression that<br />
they can withdraw the<br />
money on completion of<br />
their employment in India.<br />
The move will prompt<br />
countries who do not have<br />
SSAs with India to sign such<br />
pacts. “The amendment may<br />
put pressure on the countries<br />
which have not entered<br />
� Actress Gul Panag with Ulrich Hackenberg, board member of management of Volkswagen, during the 5th round of<br />
the Volkswagen-JK Tyre ‘Polo Cup India 2010’, on the outskirts of Chennai on Sunday. – PTI<br />
German carmakers upbeat on India<br />
Our Correspondent<br />
Kolkata: Encouraged by an upbeat<br />
response from the Indian populace,<br />
German luxury car makers BMW and<br />
Volkswagen have chalked ambitious<br />
growth plans. In October, BMW India<br />
sold 750 cars in a month, its highest<br />
ever figure in the world, and expects to<br />
touch 5,000-6,000 units in November-<br />
December. Volkswagen too is planning<br />
to double sales from 19,000 units.<br />
Maik Stephan, MD, Volkswagen India,<br />
said: “India and China have been the<br />
fastest growing market for us. We plan<br />
to double our sales volume from the<br />
current 19,000 units in India.”<br />
“We launched the Vento in August<br />
this year and the 2T will follow soon,”<br />
he said at the annual general meeting of<br />
the Indo-German Chamber of<br />
Commerce in the <strong>city</strong> on Saturday.<br />
The luxury car segment in the country<br />
is growing at a healthy 60 per cent.<br />
The company has, meanwhile,<br />
invested around `3,800 crore at its<br />
I-T dept introduces new<br />
number for taxpayers<br />
New Delhi: Taxpayers will<br />
now have to procure a ‘new<br />
number’ for filing returns<br />
and making any communication<br />
with the Income Tax<br />
department.<br />
The unique Document<br />
identification number (DIN),<br />
on the lines of numbers like<br />
PAN and TAN, will be quoted<br />
on “every” income taxrelated<br />
communication,<br />
including returns to be filed<br />
next year for the financial<br />
year 2010-11.<br />
According to the new<br />
guidelines brought out by<br />
the Central Board of Direct<br />
Taxes (CBDT), the DIN will be<br />
mandatory “in respect of<br />
every notice, order, letter or<br />
any correspondence” with<br />
the department, by the taxpayers.<br />
“The DIN will be generated<br />
by the I-T department and<br />
will be useful, essentially, for<br />
error-free filing of tax<br />
returns, claiming refunds<br />
and other communication<br />
with the department by the<br />
assesses,” a senior Finance<br />
Ministry official said.<br />
The ‘Aykar Sampark<br />
Kendras’ will hand out the<br />
DIN from this month, the<br />
official said.<br />
Assesses will not be put to<br />
any trouble, as the numbers<br />
will be generated and allotted<br />
by the department itself.<br />
I-T officials will also be<br />
manufacturing plant at Pune, which has<br />
an installed capa<strong>city</strong> of 1.10 lakh units<br />
per annum. Its plant at Aurangabad is<br />
used for assembling Skoda and Audi<br />
models. Audi sold more than 1,600<br />
units in the country last year.<br />
Skoda and Audi are the subsidiary<br />
brands of Volkswagen and are getting a<br />
hold in the market, whereas<br />
Volkswagen is a new entrant. However,<br />
the company is not considering brand<br />
mergers and wants to create a niche for<br />
itself. “We will concentrate on increasing<br />
our volume now,” Stephan said.<br />
BMW India will expand operations in<br />
India by opening four more outlets by<br />
the middle of 2011. This will take the<br />
company’s network to 22 cities from 18<br />
at present. BMW sold 3,600 cars in<br />
2009. Till October this year, it has<br />
already sold 4,721 units.<br />
“In November-December, we expect<br />
to touch 5,000-6,000 units. Our major<br />
markets here are New Delhi and<br />
Mumbai, accounting for 70 per cent of<br />
our total sales,” said Andreas Schaaf,<br />
They have been prohibited them from<br />
taking back money until they are 58<br />
years old or incapacitated. However,<br />
analysts said these has been done for<br />
those countries that don’t have social<br />
security agreements with India<br />
The document<br />
identification<br />
number (DIN), on<br />
the lines PAN and<br />
TAN, will be<br />
quoted on “every”<br />
income<br />
tax-related<br />
communication<br />
allotted the numbers in<br />
order to streamline the<br />
process, the official said,<br />
adding, the number has to be<br />
produced thereon for every<br />
activity with the department.<br />
Taxpayers and tax collectors<br />
are currently required to<br />
quote Permanent Account<br />
Number (PAN) and Tax<br />
Deduction and Collection<br />
Account Number (TAN)<br />
among others when returns<br />
are filed.<br />
According to section 282B<br />
of the Income Tax Act that<br />
deals with DIN, if the document<br />
sent to the tax authority<br />
does not bear this unique<br />
computer-generated number<br />
then “such document,<br />
letter or any correspondence<br />
shall be treated as invalid<br />
and shall be deemed never<br />
to have been received.”<br />
DIN is aimed at bringing<br />
more transparency in tax<br />
administration.<br />
A taxpayer deals with the<br />
department for various other<br />
financial services, which DIN<br />
will help to ease, the official<br />
said. – PTI<br />
president, BMW India.<br />
In Kolkata, it has sold 160 units. But<br />
the market is growing ‘by leaps and<br />
bounds’. “Our current market share is<br />
39 per cent, at par with Mercedes Benz,<br />
India. During December-January, we<br />
will launch three new models including<br />
the X3,” he said.<br />
It will introduce a pre-owned car<br />
business with the launch of BMW premium<br />
selection by the end of 2010 and<br />
open for the first time in the luxury car<br />
segment in India, ‘exclusive’ pre-owned<br />
car showrooms in Gurgaon, Mumbai<br />
and Chennai.<br />
The BMW plant at Chennai produces<br />
the BMW 3 Series and 5 Series sedans<br />
and now will produce the new BMW<br />
X1. The plant can produce 5,400 units<br />
per year on a single shift basis. “We will<br />
go for a second shift as demand grows.<br />
We have purchased an additional 18<br />
acres at an investment of `0.9 billion for<br />
further expansion. Our Indian investments<br />
stand at `1.8 billion, inclusive of<br />
the above,” Schaaf said.<br />
into SSAs till date, to now<br />
enter into such agreements<br />
with India,” Agarwal said.<br />
The tax consultancy firm<br />
Deloitte said the amendments<br />
will raise the cost<br />
structure of these workers in<br />
India.<br />
“This amendment will<br />
inflate the cost structure of<br />
Indian assignment of IWs<br />
and the employers will have<br />
to factor this additional cost<br />
in their financial budget,” it<br />
said in a statement here.<br />
IWs were earlier not covered<br />
under the Employees’<br />
Provident Fund Scheme. In<br />
October 2008, India made<br />
changes in the scheme by<br />
bringing them under the<br />
purview of social security<br />
regime.<br />
Accordingly, IWs and the<br />
employers for whom they<br />
are working in India are<br />
required to make social security<br />
contributions. – PTI<br />
Market not<br />
to impact<br />
Godrej<br />
Properties<br />
Sandhya Sutodia<br />
Kolkata: Godrej Properties<br />
(GPL), a Mumbai-based real<br />
estate development company,<br />
plans to go ahead with<br />
its 82 million square feet in<br />
the next few years, despite a<br />
volatile market.<br />
Against the backdrop,<br />
where realty stocks are tumbling<br />
in choppy market,<br />
Milind Korde, managing<br />
director, GPL, told The Bengal<br />
Post: “The market is driven<br />
by its own forces. Due to the<br />
joint venture model we follow,<br />
there will be no impact<br />
of the liquidity crisis on us.<br />
We are working as per our<br />
plans.”<br />
Godrej is developing projects<br />
in 11 cities, which are at<br />
various stages of development.<br />
Korde said: “The<br />
demand for residential properties<br />
is strong.<br />
The parent, Godrej<br />
Industries, holds 80.26 per<br />
cent in the company.<br />
Some of the new projects<br />
being developed by the company<br />
include the Godrej<br />
Avalon at Mangalore, Godrej<br />
Frontier, Gurgaon, the second<br />
phase of a residential<br />
project in Bengal at Sodepur,<br />
which is five times bigger<br />
than the first one of four lakh<br />
square feet. Meanwhile, it<br />
also is developing Waterside<br />
and Genesis at Salt Lake’s<br />
Sector V.<br />
GPL, which has tied up<br />
with Larsen and Turbo for<br />
civil work in projects across<br />
the country, reported a net<br />
profit of Rs 122.81 crore in<br />
the 2009-10 (Rs 74.68 crore<br />
in 2008-09).<br />
Sahara<br />
rebuts<br />
Sebi order<br />
New Delhi: Stung by market<br />
regulator Sebi’s ban on its<br />
firms and supremo Subrata<br />
Roy from raising money<br />
from the public, the Sahara<br />
Group today dubbed the<br />
order as “irresponsible” and<br />
said it will soon challenge<br />
the order that reflected<br />
“malice and bias” on the part<br />
of officials.<br />
“Sebi has pushed us<br />
against the wall, that is why<br />
in the interest, image and<br />
goodwill of entire Sahara<br />
India Pariwar, we have been<br />
forced to come out with all<br />
the details... Now we shall<br />
soon appeal against Sebi’s<br />
action at an appropriate<br />
forum,” the group said in<br />
full-page advertisements in<br />
national newspapers.<br />
“... Certain individuals<br />
occupying their office (Sebi<br />
officials) act with malice and<br />
biased approach which serve<br />
no public good and earn only<br />
a bad name,” Sahara India<br />
said in its campaign, which<br />
has was launched within<br />
days of the order that barred<br />
and questioned the raising of<br />
funds by two group entities<br />
through a debenture instrument.<br />
– PTI