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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

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