A SEBI panel has suggested tax parity be introduced for shareholders who tender their shares in open offer and those who sell through the stock market.

According to the Sebi Takeover Advisory Committee, the open offer only provides an opportunity to investors to exit the company and hence need not be treated as off-market transaction.

“The Committee is of the view that there is a need to bring parity in the tax treatment given to the shareholders who tender their shares in an open offer and those who are selling the same in the open market,” the report said.

According to the present regulation, open offers are classified as off market deals– entered into between private individuals and are largely unregulated and a non-transparent.

The Committee noted that the present tax regime in India is more favorable towards the open market transactions as against open offer transactions. “For taxation purposes, an open offer transaction is considered akin to an off-market deal, which in the view of the Committee is not desirable,” the report said.

The panel recommended that the basic objective of an open offer is to benefit investors at large by granting them a just and fair exit opportunity. “It would perhaps not be correct to club a regulated and investor friendly activity like open offers in the same bracket as an off-market deal,” it said.

Source: ddinews.gov.in

 As per the extant norms, refinancing of domestic Rupee loans with ECB is not permitted. However, keeping in view the special funding needs of the infrastructure sector, RBI has decided to review the ECB policy and put in place a scheme of take-out finance. Accordingly, RBI has decided to permit take-out financing arrangement through ECB, under the approval route, for refinancing of Rupee loans availed of from the domestic banks by eligible borrowers in the sea port and airport, roads including bridges and power sectors for the development of new projects, subject to the following conditions:

 i. The corporate developing the infrastructure project should have a tripartite agreement with domestic banks and overseas recognized lenders for either a conditional or unconditional take-out of the loan within three years of the scheduled Commercial Operation Date (COD). The scheduled date of occurrence of the take-out should be clearly mentioned in the agreement.

 ii. The loan should have a minimum average maturity period of seven years.

 iii. The domestic bank financing the infrastructure project should comply with the extant prudential norms relating to take-out financing.

iv. The fee payable, if any, to the overseas lender until the take-out shall not exceed 100 bps per annum.

v. On take-out, the residual loan agreed to be taken- out by the overseas lender would be considered as ECB and the loan should be designated in a convertible foreign currency and all extant norms relating to ECB should be complied with.

vi. Domestic banks / Financial Institutions will not be permitted to guarantee the take-out finance.

vii. The domestic bank will not be allowed to carry any obligation on its balance sheet after the occurrence of the take-out event.

viii. Reporting arrangement as prescribed under the ECB policy should be adhered to.

All other aspects of ECB policy, such as, USD 500 million limit per company per financial year under the automatic route, eligible borrower, recognised lender, end-use, average maturity period, prepayment, refinancing of existing ECB and reporting arrangements remain unchanged.

Eligible borrowers may, accordingly, apply to the Reserve Bank for necessary approval before entering into take-out finance arrangement.

Source: rbi.org.in

Indian IT giant Infosys Technologies, reported a dip of over 7 per cent in its quarterly profit compared to the previous quarter.

While the net addition of employees stood at 1,026, the gross addition for the quarter was 8,859. As on June 30, 2010, Infosys and its subsidiaries had 1,14,822 employees.

Despite the surprise drop in quarterly profit, Infosys raised its full-year revenue forecast on hopes of strong outsourcing demand from overseas clients.

The company, which counts Goldman Sachs, BT Group and BP among its more than 550 customers, forecast its 2010/11 dollar revenue to rise 19 per cent to 21 per cent, higher than 16-18 per cent projected in April.

“While the global economic environment remains uncertain, we continue to see greater demand for services from our clients,” said chief executive S. Gopalakrishnan. “The challenge for the industry is to enhance the investment to grow the business, given the uncertainty in the environment.”

Infosys, known for its conservative outlook, has raised its full-year revenue growth forecast in dollar terms in the last three consecutive quarters.

The company expects earnings per American depositary share to rise 5.2 percent to 9.6 percent for the year, up from its previous forecast of 4.3 percent to 8.6 percent.

Infosys and local rivals Tata Consultancy Services and Wipro are boosting hiring and have raised salaries by 10 to 20 percent on average to keep staff from being poached by global rivals in a strong market.

The government on Tuesday said the direct taxes code (DTC) Bill and a constitutional amendment bill to implement the goods and services tax (GST ) are likely to be introduced in the Monsoon session beginning next week. “It is our expectation that both the constitutional amendment bill and DTC Bill would be introduced in the Monsoon session,” revenue secretary Sunil Mitra told reporters on the sidelines of a CII seminar in New Delhi today.

Finance Minister Pranab Mukherjee in his budget speech in February had said the Centre would endeavour to introduce both GST and DTC from April 1 next.

The finance ministry has come out with revised draft of DTC and addressed the issues related to minimum alternate tax, taxing of long-term savings like provident funds in it.

The DTC is expected to replace the five decades-old Income Tax Act to make the direct taxes simpler to understand and have less exemptions and a taxpayer-friendly regime

Source: taxguru.in

A consensus is emerging on the proposed Goods and Services Tax structure (GST), with the Centre on Wednesday agreeing to adopt a dual rate structure — a lower rate and a standard rate — for goods at the inception of Goods and Services Tax (GST).

There is also now consensus between the Centre and the States on having a common list of exemptions for both Central GST (CGST) and State GST (SGST).

The States had earlier urged the Centre to adopt a dual rate structure for goods with regard to the CGST — a suggestion which has now been accepted by the Union Finance Minister, Mr Pranab Mukherjee.

However, the States’ suggestion that the Centre retain the exemption threshold of Rs 1.5 crore (now available under Central excise) for goods has been rejected by the Union Government. The Centre wants the exemption threshold for both goods and services of GST— CGST and SGST — to be uniform at Rs 10 lakh.

At a meeting with the Empowered Committee of State Finance Ministers in the Capital, Mr Mukherjee also announced that in the first year of GST introduction, the Centre proposes to keep CGST lower rate for goods at 6 per cent and standard rate at 10 per cent. Services will be taxed at 8 per cent. Currently, the Centre’s median Cenvat rate for goods is pegged at 10 per cent. The existing service tax rate is 8 per cent.

He urged the States to consider keeping the same rates, that is, the lower rate for SGST at 6 per cent, the standard rate at 10 per cent and services at 8 per cent. States sought more time to respond to this suggestion.

For the second year, the Standard rate for CGST and SGST may be reduced to 9 per cent while retaining the lower rate at 6 per cent, Mr Mukherjee suggested. During the third year, the standard rate may be reduced to 8 per cent and lower rate increased to 8 per cent and services retained at 8 per cent both for CGST and SGST. “Thus, in a phased manner, we will be able to achieve a single CGST and SGST rate for both goods and services,” he said.

Source: Business Line

Indian Companies may not get any tax sops for spending more as part of their corporate social responsibility (CSR) initiatives, an official in the government said on Thursday. The ministry of corporate affairs is unlikely to recommend any tax concessions for adoption of CSR initiatives for India Inc. This will be made amply clear when the ministry reviews existing corporate governance guidelines in next few months, said an Assocham release quoting R Bandyopadhyay, secretary in the ministry of corporate affairs. Interestingly, corporate affairs minister Salman Khurshid had earlier said that companies may be provided ‘fiscal incentives’ for their greater participation in CSR related work.

Mr Bandyopadhyay said his ministry would like corporates to adopt CSR as a part of their corporate culture and that such a culture could not be developed with reward of incentives.

The government would monitor the CSR initiatives of the industry, which has to voluntarily adopt CSR, for a year, said Mr Bandyopadhyay. He added that in case companies failed to take voluntary initiatives, the government in consultation with the Planning Commission will consider making CSR spending a ‘mandatory exercise’.

The review of existing CSR guidelines would happen in consultation with all concerned. The ministry would invite suggestions and criticism in the new guidelines, likely to be unveiled in next few months, said Mr Bandyopadhyay.

He, however, said that the guidelines will not be harsher and the government will do its best to make them enlightened to ensure their wider acceptance by the industry.

Planning Commission member Arun Maira said industry associations like Assocham ought to discipline its member and constituents for adoption of CSR initiatives as intended by government. The industry associations should thereafter, suspend the membership of their members in case they fail to implement the CSR guidelines as desired and directed by the government, said Mr Maira.

Source: taxguru.in

Professionals, including doctors, lawyers and chartered accountants, earning over Rs 10 lakh annually will be required to file income tax returns electronically, the Finance Ministry said. Besides, all business entities and Hindu undivided families (HUFs) with a business income of over Rs 40 lakh per annum will also be required to mandatorily file income tax returns in the electronic format, [Read More...]

Recommending sweeping changes in the Takeover Code, a SEBI panel suggested hiking open offer trigger to 25 pc from the current 15 pc and raising the offer size to 100 pc of the equity in the target company. As of now, an open offer for a minimum of 20 percent in the target company is required to be made by [Read More...]

The IMF said that policymakers in Asia need to be prepared for possible shocks arising out of increased downside risks to global growth. However, rapid growth has made the Asian region a “global economic powerhouse,” the International Monetary Fund (IMF) added. IMF Managing Director Dominique Strauss-Kahn said that many Asian economies are already unwinding stimulus measures. “Increase in downside risks [Read More...]

CSoC Registered users number touches 4,300. With the introduction of e-learning service, CSoC has become more utility oriented club, rather than merely posting topics & replies. In a web release the newly appointed CSoC Chief Operating Officer, has stated that the response to the e-learning service is tremendous, a new fully integrated e-learn portal has been launched with more features apart from live [Read More...]

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