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Consultants’ Corner NCR Consultants Limited www.ncrcl.com An Associate of Finance Bill 2012 was it a “Retrospective” exercise? Page. 04 Suresh CS Volume 5 | Number 68 | April 2012 | Page 112 Innovation Fortnight Your participation solicited! Page. 03

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Page 1: CC April 2012

Consultants’ Corner

NCR Consultants Limited www.ncrcl.com

An Associate of

Finance Bill 2012

– was it a “Retrospective” exercise? Page. 04

Suresh CS

Volume 5 | Number 68 | April 2012 | Page 1– 12

Innovation Fortnight

Your participation solicited! Page. 03

Page 2: CC April 2012

3 Message from Dr. RSM

4 Finance Bill 2012 – was it a “Retrospective” exercise?

6 Risk and Insurance Management Consulting Services

7

Mystery Murder! Find out who is the victim and who is the Culprit - What a Awesome Coincidence!

8 What’s up at NCRCL?

9 An Exclusively Talk

10 Parichay

11 Knowledge Snippet

11 Birthday Greetings

11 Just for Laughs

11 Round Table

Inside

Our Mission is to apply our professional capabilities with a holistic approach for the happiness of clients,

through values and social commitment.

Finance Bill 2012 – was it a “Retrospective” exercise?

Basically, budget is an annual exercise that takes into account the year gone

by and plans for the financial year ahead. Lo! The budget presented by our FM

Pranab Mukherjee this year can be coined as a “Retrospective” budget with 24

retrospective amendments to various direct and indirect tax laws.

-read more...page 4

An Exclusively talk with Pradeep

Risk and Insurance Management Consulting Services

The expression “consulting services” defines services of an intellectual and advisory nature provided by consultants us-

ing their professional skills to study, design, ……. read more..page 6

Events of March

see more..page 8

see more..page 9

Parichay

Karnataka Institute of Public Auditors

see more..page 10

CC is another year old and it is that time of the year for CC to don a new look.

New Sections like 'Parichay' and 'Round Table' have been introduced and some of

your favourite sections have been given new names. CC is now published as an e-newsletter

which you can view online and perform tasks like clicking on hyperlinks, zooming, turning pages and so on.

Thanks to all who have contributed to the new look of CC.

As always the editors invite you to send in your feedback on the new CC. You can now send in your feedback to

our new email '[email protected]'.

P. S: You will need Adobe Flash Player to read the e-newsletter. Adobe Flash Player can be downloaded freely

from the web. If you have any difficulty in viewing the e-newsletter, please contact the editors.

CC has a new

look!!

Page 3: CC April 2012

3 4 5 6 7 8 1 2 12 11 9 10 Consultants’ Corner

This being the first week of the financial year 2012-13, we need

to take stock. Take stock of everything that is official, personal and

also that are common to all of us. One third of our life we all are

spending together and so we need to be very clear about what we

need to do the next year, which starts from this Sunday.

For the last three years, we have been working at various things,

we have treaded upon new areas with good success, we have

acquired new clients, we have got new set of youngsters who are

committed, we have upgraded our technology, the works of our

staff are getting published, we have made our values get noticed

by others, etc. But in terms of our overall performance we are still

in the same bracket. While the credit goes to all of you for having

consolidated various specialized works we do at NCRCL, I would

say that we have not taken off in a big way as we should have.

There are several reasons for the same; but I know one strong

reason for this: it is me. Yes, I feel that I might not have contributed

in areas which I should have.

When I look back, and take stock, I feel I am still part of delivery and quality control. I am not real time into strategy or

marketing. Though we need not do hardcore marketing for the type of work we are churning out, we need to increase the

visibility of NCRCL in industry and professional circles. For this I need to be sure and clear that all the works are being

handled correctly and professionally. This is important for us to go to the next level!

Going to the next level means so much: in thought, word and deed. We now need to think big, we need to speak big and

we need to act big; big not just quantitatively but qualitatively also. For this we need to establish our name in the market

visibly. We need to be seen, heard and felt more by the market. This requires a lot of creative approaches. Our size is

not an issue. A thirty-five member consultancy organization is definitely not tiny, it could be between small and medium.

Only innovation can help us to move to the next level.

In the next two weeks i.e. between 1st of April and 14th of April, we will have “Innovation Fortnight” (IF) so that there is no

ifs and but in our future! I expect from you creative ideas that will scale us up to the next level in a positive way without

compromising on our values or our work culture. The best ideas will be rewarded.

Wear your thinking cap! Awaiting innovative ideas from every one of you!

Going to the next level

- the Innovation Fortnight !!! Dr.R.S. Murali

[email protected]

A work of art is a gift, not a commodity.

Where there is no gift, there is no art.

-Lewis Hyde

Page 4: CC April 2012

The basic meaning of the word “Retrospective” as per

dictionary is:

“Looking back on, contemplating, or directed to the past;

Looking or directed backward.”

Basically, budget is an annual exercise that takes into

account the year gone by and plans for the financial year

ahead. Lo! The budget presented by our FM Pranab

Mukherjee this year can be coined as a “Retrospective”

budget with 24 retrospective amendments to various

direct and indirect tax laws. This is a record of sorts

when compared to 5 such amendments in the 2011

budget. Normally when such amendments are

introduced it relates back to a period of couple of years

at the maximum. How-

ever, this year, there are quite

a few which goes deep into

the past and some key ones

to periods as early as 1962

when the IT Act 1961 was

conceptualized for the first

time under the Republic

India.

This article highlights few of

the key retrospective ones

ventured by our FM this year:

1. Amendment to definition of “Commissioner”

The definition of “Commissioner” will also include

Director of Income-tax. This amendment will be

effective retrospectively from 1 April 1988.

2. Denial of exemptions to charitable organizations in

certain cases

An activity in the nature of trade, commerce or

business in the sphere of advancement of general

public utility carried out by a charitable organization

is not regarded as charitable purpose if the gross

receipts from such activities exceed INR 2.5 million

in that financial year. It is now clarified that such a

charitable organization will not be entitled to a tax

exemption in such financial year even if the

approval granted to the charitable organization is

not withdrawn. This amendment will be effective

retrospectively from 1 April 2009.

3. Presumptive tax regime for small businesses not

applicable to specified professionals and

businesses

Now, it is clarified that persons engaged in specified

professions or carrying out agency business or

earning income in the nature of commission or

brokerage will not be eligible to avail this

presumptive tax regime. This amendment will take

effect retrospectively from 1 April 2011.

4. 100% deduction for capital expenditure for

engaging in building and operating a hotel

Now, it is provided that the hotel owner will be

considered to have been carrying on specified

business, even if it transfers the operation of such

hotel to another person. This amendment will be

effective retrospectively from 1 April 2011.

5. Cost of acquisition in case of certain transfers

Presently, for the purpose of capital gains,

there is no reference with regard to the cost

to be taken for assets which are acquired

pursuant to succession of a sole proprietary

concern or firm in a company not regarded as

transfer. Now, in such cases, the cost of

acquisition of asset in the hands of the

company will be same as that in the hand of

the sole proprietary concern or the firm. This

amendment will be effective retrospectively

from 1 April 1999.

6. Taxation of transactions without consid-

eration or for inadequate consideration

Presently, any sum or property, the aggregate value

of which exceeds INR 50,000 in a year, received by

an individual or HUF without consideration is

taxable in the hands of the individual or HUF unless

it is received from a “relative” as defined under the

Income-tax Act. The definition of the term “relative”

has been amended to include members of the HUF.

This amendment will be effective retrospectively

from 1 October 2009.

7. Order in respect of assessee in default for

withholding tax.

Finance Bill 2012 – was it a “Retrospective” exercise?

-Suresh C S

[email protected]

3 4 5 6 7 8 1 2 12 11 9 10 Consultants’ Corner

Wisdom is a love affair with questions.

Knowledge is a love affair with answers.

-Julio Olalla

-cont‟d on next page

Page 5: CC April 2012

Time limit for passing order for deeming an

assessee to be in default of withholding tax from

payments to resident payees is increased from four

years to six years. This amendment will be effective

retrospectively from 1 April 2010.

8. Meaning assigned to a “term” used in Double

Taxation Avoidance Agreement

The Central Government is empowered to assign a

meaning to any “term” used in a DTAA by way of a

notification if such term has not been defined in the

DTAA or in the Income-tax Act. It is clarified that

such notified meaning of the term will relate back to

the date on which the DTAA came into force. This

amendment will be effective retrospectively from 1

October 2009.

9. Definition of intangible property

The term intangible property has been introduced to

include all kinds of:

Marketing, technology, artistic related intangible

assets;

Data processing, engineering, customer,

contract, human capital related intangible assets;

Location and goodwill related intangible assets;

Methods, programmes, systems, procedures,

forecasts, customer lists etc;

Any other similar item that derives its value from

its intellectual content rather than its physical

attributes.

The above amendment will be effective

retrospectively from 1 April 2002.

10. Examination of transactions not referred to Transfer

Pricing Officer

TPOs empowered to examine additional

international transactions (which were not formerly

referred by the Assessing Officer), if identified

subsequently in the course of proceedings before

him provided such international transactions were

not reported by the taxpayer. No reopening of any

proceedings would be undertaken only on account

of such amendment. This amendment will be

effective retrospectively from 1 June 2002.

11. Time limit for assessment in search cases referred

to Dispute Resolution Panel

The time limit for completion of assessment under

DRP provisions shall override the time limits

applicable for assessment in case of search and

seizure. This amendment will be effective

retrospectively from 1 October 2009.

12. Specific amendments to section 2(14), 2(47) and 9

keeping in mind the Historic Supreme Court

Judgment which turned out to be big blow to the

exchequer to the tune of Rs. 11,000 crores of tax

demand on Vodafone by IT department:

“Explanation- For the removal of doubts, it is hereby

clarified that „property‟ includes and shall be

deemed to have always included any rights in or in

relation to an Indian company, including rights of

management or control or any other rights

whatsoever” This amendment is to take care of the

loophole that “controlling interest” is not a Capital

Asset as per sec 2(14).

“Explanation 2: For the removal of doubts, it is

hereby clarified that “transfer” includes and shall be

deemed always to have included disposing of or

parting with an asset or any interest therein, or

creating any interest in any asset in any manner

whatsoever, directly or indirectly, absolutely or

conditionally, voluntarily or involuntarily, by way of

an agreement (whether entered into in India or

outside India) or otherwise, notwithstanding that

such transfer of rights has been characterized as

being effected or dependent upon or flowing from

the transfer of a share or shares of a company

incorporated outside India.” This amendment is to

take care of the loophole in definition of “transfer”

under section 2(47).

“Explanation 4: For the removal of doubts, it is

hereby clarified that the expression “through” shall

mean and include and shall be deemed to have

always meant and included “by means of”, “in

consequence of” or “by reason of”.”

“Explanation 5: For the removal of doubts, it is

hereby clarified that an asset or a capital asset

being any share or interest in a company or entity

registered or incorporated outside India shall be

deemed to be and shall always be deemed to have

been situated in India, if the share of the interest

derives, directly or indirectly, its value substantially

from the assets located in India.” Both these

explanations are being introduced to take care of

the loophole in definition of “transfer of an asset”

under section 9.

All the above amendments to sections 2(14), 2

(47) and 9 are with retrospective effect from 1

April 1962.

At this rate, a day is not far off when we can witness

a budget session in which our Finance Minister

decides to amend the definition of the term

“Retrospective” with retrospective effect!

3 4 5 6 7 8 1 2 12 11 9 10 Consultants’ Corner

Walk around feeling like a leaf. Know you

could tumble any second. Then decide what

to do with your time.

-Naomi Shihab Nye

Page 6: CC April 2012

The expression “consulting services” defines services of an intellectual and advisory nature provided by consultants

using their professional skills to study, design, and organize specific projects, advise clients, conduct training, and

transfer knowledge. Borrowers engage consultants principally for the following reasons:

Consultants offer Borrowers a more efficient allocation of resources by providing specialized services for limited

amounts of time without any obligation of permanent employment on the part of the Borrower.

Consultants, engaged for their superior knowledge, transfer skills and upgrade the knowledge base of their client

while executing the assignment. Knowledge transfer from consultants to the Borrower often forms an important part

of the assignment.

Consultants can offer independent advice to their client on the most suitable approaches, methodologies, and

solutions for their projects.

Consulting services in Insurance domain should satisfy the following requirements:

Meet the highest standards of quality and efficiency;

Be unbiased, that is, delivered by a consultant acting independently from any affiliation, economic or otherwise,

which may cause conflicts between the consultant‟s interests and those of the client; and

Be proposed, awarded, and executed according to the ethical principles of the consulting professions.

Types of Consulting Services currently used in Insurance Related projects may be grouped as follows:

Poorly handled insurance can have disastrous consequences, but few people who enjoy dealing with insurance issues or feel qualified to do so are Risk and Insurance Management Consultants. They provide clients with the expertise needed to make informed decisions about insurance-related problems. While acting as a consultant on an account, the person should avoid playing the role of an Insurance broker or captive agent.

Risk and Insurance Management Consulting Services

Pradeep Kumar

[email protected]

-cont‟d on next page

3 4 5 6 7 8 1 2 12 11 9 10 Consultants’ Corner

Project services

Preparation services Implementation services Advisory services

Sector studies

Master plans

Feasibility studies

Design studies

Tender documents

Procurement assistance

Construction supervision

Project management

Quality management

Commissioning

Policy and strategy

Reorganization/privatization

Institution building

Training/knowledge transfer

Management advice

Technical/operating advice

The Service Functions

Audit the client‟s risk exposures and insurance pro-

gram

Exposes uncovered risks and uncompetitive

Premiums. Recommends ways to reduce claims so that the cli-

ent can reduce costs. Determines when there are better solu-

tions than purchasing insurance

Service doesn't start when you have something to give - it blossoms naturally when you have nothing

left to take. -Nipun Mehta

Page 7: CC April 2012

He had no intention to murder her. Therefore, the killing

of Mr. Opus appeared to be an accident; that is,

assuming the gun had been accidentally loaded.

The continuing investigation turned up a witness who

saw the old couple‟s son loading the shotgun about 6

weeks prior to the fatal accident. It transpired that the old

lady had cut off her son‟s financial support and the son,

knowing the propensity of his father to use the shotgun

threateningly, loaded the gun with the expectation that

his father would shoot his mother.

Since the loader

of the gun was

aware of this, he

was guilty of the

murder even

though he didn‟t

actually pull the

trigger. The case

now becomes

one of murder on

the part of the son for the death of Ronald Opus.

Now for the exquisite twist…

Further investigation revealed that the son was, in fact,

Ronald Opus. He had become increasingly despondent

over the failure of his attempt to engineer his mother‟s

murder. This led him to jump off the 10 storey building on

March 23rd, only to be killed by a shotgun blast passing

through the ninth storey window. The son, Ronald Opus,

had actually murdered himself.

So the medical examiner closed the case as a suicide.

This is a true story from Associated Press.

At the 1994 Annual Awards dinner given for Forensic

Science(AAFS), President Dr. Don Harper Mills

astounded his audience with the legal complications of a

bizarre death.

Here is the story:

On March 23, 1994 the medical examiner viewed the

body of Ronald Opus and concluded that he died from a

shotgun wound to the head. Mr. Opus had jumped from

the top of a 10-storey building intending to commit

suicide. He left a note to the effect indicating his

despondency.

As he fell past the ninth floor, his jump was interrupted

by a shotgun blast passing through a window, which

killed him instantly. Neither the shooter nor the deceased

was aware that a safety net had been installed just below

the eighth floor level to protect some building workers

and that Ronald Opus would not have been able to com-

plete his suicide the way he had planned.

The room on the ninth floor, where the shotgun blast

emanated, was occupied by an elderly man and his wife.

They were arguing vigorously and he was threatening

her with a shotgun! The man was so upset that when he

pulled the trigger, he completely missed his wife and the

pellets went through the window, striking Mr. Opus.

When one intends to kill subject „A‟ but kills subject „B‟ in

the attempt, one is guilty of the murder of subject „B.‟

When confronted with the murder charge, the old man

and his wife were both adamant, and both said that they

thought the shotgun was not loaded. The old man said it

was a long- standing habit of his to threaten his wife with

the unloaded shotgun.

Lakshminarayanan M N

Mystery Murder! Find out

who is the victim and who is

the Culprit - What a Awe-

some Coincidence!

[email protected]

3 4 5 6 7 8 1 2 12 11 9 10 Consultants’ Corner

Most powerful is he who has himself in

his own power.

-Seneca

Prepare specifications for an insurance bidding Ensures that the client is provided the most desirable coverage

and that all insurers are providing quotations on the same basis

so that the client can make informed decisions

Analyze self-insurance options Determines which type of insurance program is advantageous

from a captive, pool, high deductible or other self-insurance pro-

gram

Analyze proposals and recommend the best pro-

gram

Frees the client of this time consuming, conflict ridden and mad-

deningly complex task

Review insurance programs for possible mergers

and acquisition

Determines if the insurance and risk management program of a

possible merger/acquisition target exposes the client to hidden

liabilities

Page 8: CC April 2012

What’s up at NCRCL?

Sandhya M H joins NCRCL®

Bangalore as Project Executive.

We extend a very warm welcome

to Sandhya!

3 4 5 6 7 8 1 2 12 11 9 10 Consultants’ Corner

If you're really mind-full, and if you underline that aspect of fullness, wholeness, or wholehearted-ness, it reveals the gift character of everything.

Welcome!!

Rekha Murali and Dr. R S Murali were invited as chief guests

for the inaugural and valedictory functions respectively of

“Concurrence”, an inter departmental academic meet at

Swami Vivekananda College on 15th & 20th March 2012.

Article by Ashok Rao and U. S Mohanty on 'XGRL:

XBRL for reporting in Government' is published in

The Chartered Accountant magazine March 2012

issue. See the full article at: http://www.ncrcl.com/

assets/264/XGRL-XBRL%20for%20Reporting%20in%

20Government_CA%20Journal_Mar%202012.pdf

Rekha Murali's views on 'Is the celebration of women's role

at workplace limited to women's day?' was published in an

article in The Hindu. See the full article at: http://

www. t hehi ndu. c om / today s - paper / t p - f ea tu r es / t p -

opportunities/article2968214.ece

"RSM And Kishore visited

Malaysia for valuation of a

palm oil plantation.

A fire fighting demo was conducted on

March 13, 2012 at our Chennai Office. An expert took the

employees through a detailed demonstration on various

types of fires caused and types of extinguishers used for

each type of fire. The employees were allowed to

individually douse the fire using the extinguishers.

Page 9: CC April 2012

An Exclusive Talk with Pradeep

Rajendran Pradeep Kumar B.Com (Bank Management). MLFSCM, Dip. BPR Working as Consultant Trainee Born on 9th April Email: [email protected] Mob No: +91 9500114478

CC. The meaning of your name.

Pradeep: 'Light, lantern; glory'.

CC. Nickname.

Pradeep: Pradi*

CC. Your dream job.

Pradeep: Risk Analyst

CC Your first impression of NCRCL.

Pradeep: Simple and organized work space and network.

CC. What personal/emotional characteristic of yours do you want to change?

Pradeep: Tendency to get carried away by others words.

CC. Money or job satisfaction?

Pradeep: Job satisfaction

CC. Your Stress buster.

Pradeep: Social networking

CC. Do you have a small circle of close friends, rather than a large number of friends?

Pradeep: Small circle

CC. What do you most like about a person?

Pradeep: Knowledge sharing

CC. What do you most hate in a person?

Pradeep: Corruption and not abiding laws

CC. Team work vs Individual work – your comments.

Pradeep: It depends on situations

CC. Do you make efforts to get others to laugh and smile?

Pradeep: Yes I Do

CC. Your heart rules your head or your head rules your heart?

Pradeep: Head rules my heart

CC. What kind of special talent you have?

Pradeep: Photography and video presentation

CC. What are your hobbies?

Pradeep: Blogging, travelling

3 4 5 6 7 8 1 2 12 11 9 10 Consultants’ Corner

What we need is more people who spe-

cialize in the impossible.

-Theodore Roethke

Page 10: CC April 2012

Parichay Know our Associates!

Karnataka Institute of Public Auditors

KIPA is an association of retired officers of Karnataka State Accounts Department formed in

2001-02. The Controller, State Accounts Department is the Chief Patron of the Institute. The mem-

bers of the institute have rich experience in the audit of government departments, local bodies &

autonomous institutions and in training the employees of government departments and local bodies.

KIPA has people with more than three decades experience in various government departments at

different levels.

KIPA specializes in the field of accounts and audit of government departments, local bodies, public

undertakings and other government organizations. KIPA has also advised government departments on

policy and administration matters. KIPA has executed a number of consulting assignments for The

Controller, State Accounts Department, Directorate of Municipal Administration, Expenditure

Reforms Commission, PWD and Finance Department, Government of Karnataka and Karnataka

State Pollution Control Board.

NCRCL® and KIPA have signed a Memorandum of Understanding to jointly undertake consultancy

assignments including research and training in the government sector. In this regard, a team from

NCRCL along with KIPA is now working on capacity building project for Taluk Panchayats in

Karnataka as well as preparation of finance and accounting manual, and audit manual for

Karnataka State Pollution Control Board.

Page 11: CC April 2012

Answer To last month’s Knowledge Snippet question: Which

company delivered the first ever Android phone and also the first ever 4G

phone?

Answer: HTC (High Tech Computer Corporation) First android phone –

HTC Dream First 4G phone – HTC sprint )

Ha Ha Ha !!!

Knowledge Snippet

The right answer was given by

R Bhavana

!!! Congratulations !!!

Happy Birthday!

Round Table

Topic of the month

What would be a change that you want to see immediately

implemented at NCRCL ?

Send you comments to [email protected]

Kishore D - 28th April

Lakshminarayanan M N - 21st April

R Pradeep Kumar - 9st April

Which is the river which carries maximum quantity of water

into the sea?

Send in your answers to the editor at [email protected]

3 4 5 6 7 8 1 2 12 11 9 10 Consultants Corner

We can chart our future clearly and wisely only when we know the path which has led to the present.

-Adlai E. Stevenson

A section to elicit readers‟ opinions on various matters!

For feedback

If you have any comment/suggestion for the editors, please write to

us at [email protected] Your views and comments on articles featured

here are also welcome!

CC wishes many happy returns of the day to the

April born.

Page 12: CC April 2012

Our Business Associates

NCR & Co

Chartered Accountants www.deltacadd.com

www.f1secure.com www.nathaninc.com

www.hsbconsulting.biz www.obsitech.com

www.altacit.com

www.fichtner.in/india.htm

www.4spl.biz

www.ineval.org

www.fugoconsulting.com

Karnataka Institute of

Public Auditors www.mcmillanwoods.com

Registered Office:

2nd Floor, New No. 4, Old No. 23, C P Ramasamy Road, Alwarpet,

Chennai - 600 018

Ph: +91 44 2466 0955

Fax: +91 44 4218 5593

Email: [email protected]

Bangalore Office:

#310, 3rd Floor, Rear Entrance, Swiss Complex, 33 Race Course Road,

Bangalore - 560 001

Ph: +91 80 40914593

Fax: +91 80 22342238

Email: [email protected]

Contact

Website: www.ncrcl.com

NCR Consultants Limited