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Wednesday, July 4, 2018

Corporate India is equally to blame for the banking crisis Every Indian company, large and small, has at some stage put pressure on bankers to bend the rules—either for sanctioning loans or changing the repayment terms

A file photo of Punjab National Bank, victim of $2 billion PNB fraud perpetrated by jeweller Nirav Modi. Photo: Mint
A file photo of Punjab National Bank, victim of $2 billion PNB fraud perpetrated by jeweller Nirav Modi. Photo: Mint
Even as frauds and murky dealings continue to tumble out of the closets of the biggest names in Indian banking, there is danger in assuming that the problem is restricted to that industry.
India’s banking crisis isn’t just about the likes of Punjab National Bank, Bank of Maharashtra or ICICI Bank Ltd. India’s corporate sector, including some of its largest companies, is as much a part of the toxic environment that is now unravelling before us.
Every Indian company, large and small, has at some stage put pressure on bankers to bend the rules either for sanctioning loans or changing the repayment terms. Even as we rail against the executives and the boards of the banks for conniving with borrowers, let’s not forget who they were conniving with and for what.
The gross non-performing assets (NPAs) of Indian banks are about 10.5% of total advances but within that, loans by scheduled banks to industry account for over 20% of gross advances. These bank NPAs are nothing but the excesses of companies reflected in irrational leverage levels and high default ratios.
Whether it is Rotomac or Nirav Modi, the script remains unchanged. Banks have always been a fertile ground for political and corporate patronage.
There’s nothing new about this. For decades, money in the banks has been treated as the personal fiefdom of a few.
In the 1980s, there were the notorious loan melas, where politicians doled out funds through nationalized banks without bothering about basic hygiene factors. Often, even the loan application forms would be filled by bank staffers.
Post 1991, with the onset of private banking, it was expected that more care and caution would be exercised. But as the Indian economy moved into high gear following a global surge in growth, Indian companies suddenly acquired a voracious appetite for bank loans to fuel their many ill-conceived investments.
The spigot, once opened, could only lead to the kind of excesses that are being uncovered.
Significantly, once the easy-money regime changed, particularly after Raghuram Rajan turned the central bank’s lens on the lending and provisioning practices of the banks, Indian companies’ appetite for investments also dried up.
It is one thing to plan ambitious projects or large acquisitions with the reassuring backing of soft loans at nominal rates of interest and flexible repayment terms and quite another to do so on more stringent forms of financing.
The returns needed to service a bank loan are different from those needed to service any other form of financing. 
Not surprisingly, after 2010, there has been a decline in the share of gross capital formation (GCF) in GDP, from 38.2% to 32.3% between 2011–2012 and 2013–2014, with the corporate sector’s contribution as GCF also falling (source: Financialisation and Corporate Investments: The Indian Case by Sunanda Sen and Zico Dasgupta).
If banks have failed to judge the creditworthiness of the companies they have lent to or failed to detect those initial signs of stress before a loan turns non-performing, it is in part because of the elaborate efforts companies make to window dress their accounts.
When the chairman of Syndicate Bank is arrested for taking a bribe from the promoters of Bhushan Steel, both are equally culpable and deserve opprobrium.
But when Bhushan Steel becomes the norm for corporate behaviour and a symbol of the manipulative power of our largest companies, it is time to worry.
In his 2013 book, Predator Nation: Corporate Criminals, Political Corruption, and the Hijacking of America, author Charles H. Ferguson refers to canopy ecosystems, which he describes as “worlds of flora and fauna that occur at the tops of very tall trees and exist largely apart from the multiple bio-systems layered beneath them. They do this in part by getting the best access to sunlight, but in so doing they block the sun from reaching everything below”.
By cornering an abnormal share of bank loans, large Indian companies have also created a canopy for themselves, one under which more deserving and needy smaller businesses fail to grow for want of credit.
Sundeep Khanna is a consulting editor at Mint and oversees the newsroom’s corporate coverage. The Corporate Outsider will look at current issues and trends in the corporate sector every week.

RBI window ends in 2 days: Have you exited crypto holdings yet? The three-month window for RBI-regulated entities to wind up relations with individuals, firms dealing in crypto assets ends on 5 July. If you haven’t exited already, now is the time

Graphic: Vipul Sharma/Mint

In April this year, the Reserve Bank of India (RBI), through a circular, gave a window of three months to banks and other RBI-regulated entities to wind up existing relationships with firms or individuals dealing in cryptocurrencies. RBI deputy governor B.P. Kanungo had said that virtual currencies can “adversely impact market integrity and capital control. And if they grow beyond a size, they can endanger financial stability as well”. This came after several warnings to investors from both the RBI as well as the government.
The three-month window will come to an end on 5 July. We spoke to experts to understand the way forward, particularly for investors.
What is the legal position?
Even before the RBI prohibited its regulated entities from facilitating trading in virtual currency, finance minister Arun Jaitley, in his budget speech, had said that the government does not consider cryptocurrencies as legal tender. However, cryptocurrencies like Bitcoin have not been banned altogether.
In fact, a committee headed by Subhash Chandra Garg, secretary, department of economic affairs of Ministry of Finance was set up in December to make recommendations to regulate them. Legal experts too said that there is nothing that indicates a complete ban on cryptocurrency.
The crypto-community in the country saw a ray of hope in Garg’s statement. In an interview to a TV channel recently, Garg said that the committee he is heading has prepared a draft, which hasn’t been made public, on regulating crypto currency and something might be firmed up in July. The committee, among other things, discussed “what should be reserved and what not. Lot of detailed work has happened and now we should be in a position to wrap this up in the first fortnight of July,” he said.
It is being seen as an indication that there will not be a blanket ban on cryptocurrencies after all. Shivam Thakral, chief executive officer of BuyUcoin, a crypto exchange, said that they won’t mind a few days’ hiatus in cryptocurrency trading if there is regulation on the other side.
Battling in court
The crypto exchanges are also battling against the RBI circular in courts. Multiple petitions were filed by exchanges, individuals and industry bodies in different high courts. All of these are now being heard in the Supreme Court and the next hearings are slated for 3 July and 20 July.
Our position in the writ petition is that the RBI circular should be set aside being unconstitutional at various levels, said Anirudh Rastogi, managing partner at TRA Law, a law firm that is representing four exchanges in the courts. “A business cannot survive without access to the formal economy. Such denial is a violation of the petitioners’ fundamental right to trade and equality before law. If the objective is to prevent money laundering and other illicit activities, more proportionate means can be adopted that stop short of shutting down the business itself. Crypto exchanges can be subjected to AML (anti-money laundering and KYC (know your customer) guidelines, reporting obligations and monitoring just as these apply to other financial services,” he said.
Moreover, crypto exchanges have made a representation to the central bank, highlighting things like how the concerns can be addressed and how other jurisdictions are dealing with these issues, Rastogi said.
What happens next?
While banks will stop their services to the crypto-exchanges, the exchanges have prepared to continue crypto-to-crypto transactions. This means that investors will not be able to buy or sell crypto assets in exchange of rupees through these exchanges. The exchanges will only allow them to trade one crypto currency with another.
“Effectively the platforms will remain active and crypto assets of users will continue to remain on the exchanges, while all the cash deposits will be sent back to the consumers,” said Vishal Gupta, co-founder, Digital Assets and Blockchain Foundation of India.
The large transactions that were happening through banking system will now stop but micro transactions could still happen in cash. “Exchanges will themselves not do this, but this will turn in to a peer-to-peer system,” Gupta said.
“The transactions have not stopped, they have just gone in the unregulated and informal space. We had pointed out at the time of the RBI announcement as well. Now, they won’t have any information of the transactions happening,” said Praveenkumar Vijayakumar, chairman and CEO, Belfrics, a crypto exchange.
A founder of a crypto exchange said, on the condition of anonymity, that there are several WhatsApp and Telegram groups that are facilitating these peer-to-peer trades and the activity in these groups is increasing. There are also websites like LocalBitcoins.com that connect buyers and sellers directly, who can settle the payment among themselves, without involving an exchange.
What should you do
Sathvik Vishwanath, co-founder and chief executive officer of crypto exchange Unocoin, said there has been a significant fall in the number of new customers joining the crypto exchange for trading as well as the volume of trade. “We are informing our customers that whoever needs to withdraw their rupee deposits, should do it before the deadline. Right now, the relationships have not stopped but yes the fact that the deadline is a few days away is in sight,” he said.
Exchanges are sending mails to their customers guiding them through the process of withdrawal. “We are making sure that we communicate to them that we ourselves will be hand-cuffed after 5 July as far as rupee withdrawals are concerned,” Thakral said.
With just a few days left to exit, you need to calculate the risk that you are facing and decide accordingly. The exchanges will not be able to help you liquidate your crypto assets after 5 July, unless there is a change in law which is unlikely anytime soon. In such a situation, Mint Money advises new investors to stay away from crypto investments.

How a CA maintains his Social Dignity? An Example.

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Banks can let big borrowers escape but default on just Re 1 can prove costly

banks

After so many loan scams in the past few years, many may rightly think a borrower can get away after defaulting on crores of rupees. But small borrower may have no such luck. While runaway diamond merchant Nirav Modi gamed the banking system for huge amounts of money, an innocent borrower landed in trouble for defaulting on just Re 1. 

A cooperative bank in Kancheepuram, Tamil Nadu, held back 169 grams of gold worth Rs 3.5 lakh of a customer all because he had defaulted on payment of 1, TOI has reported. And it wasn't as if he did not want to pay that one rupee. Failing to get back his gold after running from pillar to post for five years, the customer has now dragged the cooperative bank to the court. 


C Kumar, a customer of Pallavaram branch of Kancheepuram Central Co-operative Bank, initially pledged 31 g of gold jewellery on April 6, 2010, and availed himself of a loan of Rs 1.23 lakh. On March 28, 2011, he settled the loan along with interest. But the bank record showed Rs 1 was pending. 

Thereafter, on February 9, 2011, he pledged 85 g of gold jewellery and obtained a loan of Rs 1.05 lakh. On February 28, 2011, the petitioner once again pledged 53 g of gold jewellery and obtained Rs 60,000 as loan. Though he repaid both the loans shortly thereafter, the loan accounts were also kept alive with 1 each as the balance. 

According to M Sathyan, counsel for the petitioner, after repeated requests made by the petitioner the bank refused to release the jewellery or accept the payment of the pending 1 for each account. Police had also registered a criminal case against the bank for the alleged malpractices. The petitioner is in doubt with regard to the safety of his jewels. Hence, the present writ petition, Sathyan added. 

Recently, Kumar was informed that the police had registered a criminal case against the bank in connection with certain malpractices. Immediately, the petitioner approached the police station concerned When the plea came up for hearing on Friday, Justice T Raja directed the government advocate to get instructions from the authorities within two weeks. 



Tuesday, July 3, 2018

What if your cheque bounces? Check out the legal obligations

Are you aware that any failure to honour the payment commitments resulting in to the bouncing of a cheque or the ECS mandate is a criminal offence?
The idiom ‘cut the cloth to suit the purse’ or ‘cut your coat according to your cloth’ is timeless. Whether one is borrowing for buying a house or for business, or obtains credit card facilities or signs up for Electronic Clearance System (ECS) for the services one receives regularly should be aware that any failure to honour the payment commitments resulting in to the bouncing of a cheque or the ECS mandate is a criminal offence.
Section 138 of the Negotiable Instrument Act deals with the bouncing of cheque. Section 25 of the Payment and Settlement Systems Act, 2007 accords the same rights and remedies to the payee (beneficiary) against the dishonour of electronic funds transfer instruction as are available to the payee under the Negotiable Instruments Act.
Consequently, whether one issues cheques or signs up for the ECS mandate, the obligations are similar and accordingly if the funds transfer initiated by a person from an account maintained by him cannot be executed on the ground that the amount of money standing to the credit of that account is insufficient to honour the transfer instruction or that it exceeds the amount arranged to be paid from that account by an agreement made with a bank, such person shall be deemed to have committed an offence. Therefore, the person shall without prejudice to any other provisions of this Act be punished with imprisonment for a term which may be extend to two years, or with fine which may extend to twice the amount of the cheque/ electronic funds transfer, or with both.
If for any reason, the individuals/ entities who have issued cheques (current dated or post dated) or given the ECS mandate and expect that the instrument will get dishonoured should approach the lender/ service or goods provider in time and seek further time or resolution. Closing one’s eyes thinking that it will take years before any legal action will be taken are sadly mistaken.
It is also important that if you are a partner or director of the entity, one is careful that sufficient fund arrangements are made before cheques are issued or the ECS mandate is given. The obligation under law will transverse both on the entity and the person who has signed the cheque. The payee (beneficiary) will also attempt to cover other partners / directors who though have not signed the instrument but in their opinion are equally liable.
In effect, it is essential that proper legal advice is sought if there are going to be dishonouring of obligations.
Similarly for payee/ beneficiary (lender or provider of service/goods), timely action is required as any lapses in commencing proceedings in time or filing of the proceedings under wrong jurisdiction or commencing proceedings against the person against whom the action should not have been taken can make the recovery proceedings lengthy and giving the opportunity to the borrower to take legal shelter.
It is essential that both the parties are fully aware of the legal obligations provided by the law. Failure of one party in honouring its obligation can result in a chain reaction as the receiving party in turn can also face a similar situation for want of adequate funds.
Source Businessleague
Used for Education purposes.



What are some of the bad decisions Narendra Modi has made since becoming the prime minister?

No one is perfect. Narendra Modi is a human so he has also commited some mistakes. Let me tell you some of his mistakes that acc. to me Modi had committed since becoming PM.
Making Smriti Irani as HRD minister:- While I see Smriti Irani in high regard but giving her such a high profile ministery was really a bad move. However it was later rectified by Modi govt. when Prakash Javdekar replaced her.
Not Appointing Leader of Opposition:- Modi govt. didn't give Leader of opposition status to any party since Congress doesn't have the required numbers in Lok Sabha. I think Modi should have shown big heart and appointed someone from Congress as Leader of opposition as they are still the single largest opposition party.
Pakistan Visit:- Like every other PM Modi too has tried to pacify relations between two countries. Modi startled everyone when he reached Pakistan while returning from Afghanistan. This visit could have been avoided at that time. This was really a big blunder. Pakistan later also billed India 1.49 Lakh rupees for Modi’s Lahore stopover.
Introducing 2000rs. notes:- While I think demonatization was a good move but introducing the high valued currency note is not justified by any means. Because it was said by govt. that banning the high valued note of 1000rs. will help in fight against corruption and black money but since the 2000rs. notes were also introduced, It left people questioning the motive of govt. behind it. However, there is a view that it was done to ease out the cash vacuum from the economy.
Giving Padma Vibhushan to Sharad Pawar:- Modi govt. in 2017 gave the second highest civilian award to Sharad Pawar who acc. to me is one of the most corrupt politician of India. I think this award was completely politically motivated. He was given award so that NCP support BJP in Maharashtra in case Shiv Sena break the alliance with BJP.
Not Appointing Lokpal:- Almost 4 years have passed but appointment of Lokpal is still pending. Only recently a meeting was called to select Lokpal. I think this should have done in the very first year.
Naresh Agarwal entry:- This shameless man was given the party membership when he was denied Rajya Sabha ticket from SP. The plan was to snatch one Rajya Sabha seat from Mayawati with his help and ultimately BJP won one extra seat but I think they should have found some other way to defeat her.
These are some mistakes that are committed by Modi Govt in my view.
Thanks for reading.

Capital First picks up 7% stake in Village Financial Services By Atmadip Ray, ET Bureau

By 
Atmadip Ray
, ET Bureau|
Jul 02, 2018, 03.01 PM IST


Kolkata: Non-bank lender Capital First has picked up 7per cent equity stake in Kolkata-based microfinance company Village Financial Services for an undisclosed sum. 

This is Village Financial's second equity infusion. In last March the firm had raised equity for the first time from Mumbai based Param Capital. 

The company said it would use the proceeds to expand its presence across the country as well as to increase its gross outstanding loan portfolio. 

"The enhanced net worth will help us implement our growth plans. We are looking for more equity investments in the current fiscal," Managing Director Kuldip Maity said. 


"We are also in the process of tapping capital markets. Expanding our network is imperative to achieve the objective to reach 20 states by 2020," he said. 

The firm is targeting its loan book to cross Rs 1500 crore by end of this financial year compared with Rs 725 crore as of March, 2018. 

"East contributes the maximum chunk of our business. Now we are focusing on a steady growth in the central and western India," Maity said. 


Monday, July 2, 2018

Will Narendra Modi win the 2019 PM elections? If yes, why?

As per Gourav Malpani-Political Observer-Thru Quora Digest
He will not win 2019 general election but he will definitely win 2021 election.
Reason Why, He will lose 2019 general election.
  1. Uttar Pradesh has 80 Loksabha. In U.P. Trio of Congress, S.P., Mayawati. BJP Strategy is to divide Dalit & Muslim vote bank. Now, It will hard for Amit shah to divide vote & win seats.
  2. Now, Bihar has 40 seats. Here duo of Congress & Lalu Prasad Yadav will work. Dalit have 16 % vote bank & Muslim has 17% of vote bank & Yadav’s. Lalu have hold over these Vote. Muslim vote always divide between Congress & RJD. As they will come together they will have majority of seats.
  3. Now State like West Bengal, Kerala, Tamil Nadu where BJP has bare minimum presence. Consist of 42,20,39 Seats respectively.
  4. Now BJP has to work over 366 seats to get into power. Now, Andhra pradesh , Telangana, Odhisa have strong presence of local party.
It will be very hard for BJP to manage & win over 366 seats. It will be hard to Win.
Now, After 2019 election , Prime minister equation will come in politics. Party which won highest no. of seats will be Prime minister. Mulayam , Mamta, Tejaswani yadav, Rahul Gandhi will front end contender. If our Luck favour us Politician like Chandrababu Naidu may get top post. Modi or Amit shah will be opposition leader they will not move to Gujarat because they know it is “Chand dino ki sarkar” ( Few days Government”).
History will repeat itself.
  • As in 1996 HD Devegowda rule’s 324 days government. Mulayam will rule 324 days government.
  • As in 1997 Indra kumar gujral has rule 332 days government Mamta will rule 332 days government.
  • Now, Congress will go to president to resign from government. Because there Supreme Leader Rahul Gandhi is not getting chance to become Prime minister.
How it will affect our Economy?
  • Inaction of government will halt many infrastructure project.
  • Due to this FDI will hit all time low.
  • Share market will tumble.
  • GDP growth will decrease.
How it will affect our foreign relation?
  • Israel will be ignored to please vote bank.
  • USA will be ignored because of Trump.
With resignation of Congress, ECI will announce date of election. This time Modi will win election. All work which is stalled will resume. We might again see some Hard decision like Demonetization & some poor implementation like GST & Demonetization. But we will be building foreign Military base in Assumption Island, Sabang Island. We might see some of worst decision but some of the best decision but it will be much better than Inaction.
In 2026, general election Modi will again loose election. Modi will retire from Politics as Vajpayee did. UPA will form government, Rahul Gandhi will be Prime minister. UPA I will be benefited with work done by Modi. Then, UPA II will come one of the worst ruling government.
We will say we should have voted for Modi 2026 as well. As we say for P.v. Narshima rao, Vajpayee. We will say for Modi as well.
Another opinion by Abhinav Sharma
That is a question even Narendra Modi would not know the answer to. Let’s put our analytical skills to use though.
BJP won 282 seats on its own in 2014. It won all the seats in Rajasthan (25), Gujarat (26), Himachal Pradesh (4), Uttarakhand (5), Delhi (7) and Goa (2).
These 6 states combined won the party 69 seats as opposition parties were left to ponder over their existence. In these 6 states, BJP cannot simply win more than it did in the 2014 and it is obvious that due to anti incumbency against the sitting MPs, the number will naturally come down.
Similarly, in states like Madhya Pradesh (won 27 of 29 seats) and Chhattisgarh (won 10 of 11 seats) too it is expected that seat count will go down for the BJP as both these states are run by the party for as long as 15 to 20 years. The fact that BJP performed so well in the northern parts of India in 2014 means that they will be against a growing anti incumbency and loss of popularity on these seats.
Going by this logic, if the BJP has to come back to power on its own in 2019, it has to do in the south what it did in the north in 2014.
It can do better in states like Karnataka, Andhra Pradesh, Telangana, Punjab, West Bengal etc. In 2014, BJP did not have a base in most of the southern states but in the course of their regime, Amit Shah has tirelessly worked to strengthen the party in the unconquered territories. In addition, the loss of faith amongst the allies have not helped their cause but make no mistake, in politics nothing is permanent and everyone goes back to the one with superior powers and if it becomes the single largest party in 2019, which is of course expected, the regional allies will come back running in pursuit of power.
Having seen Amit Shah and Narendra Modi’s election campaigning and strategy making in various assembly elections, we know that the duo is a force to beat. Although, the opposition is trying everything to unite against the BJP but what they really lack is a common ideology and all are highly ambitious which means that it is going to be almost impossible to unanimously select a leader. It would at least take another 5 years for the Congress to reinvent itself under Rahul Gandhi and hence their chances in 2019 remain doubtful. Besides, India has not had a good history when it comes to third front governments.
In India, a party needs 272 to seats to claim the formation of government and personally, I am backing BJP to win 200 on their own. Hence, it should be another term for Modi led NDA at the helm till 2024, provided that they strategise well for the elections.
In my opinion, the revival of the Congress should start from the states. They face crucial elections in Karnataka, Rajasthan, Madhya Pradesh and Chhattisgarh in 2018. If they are able to win even 2 of these 4 states then they are going to have momentum on their stride going into the general elections. I will not be surprised if Congress wins all 4 states as they have formidable units with some really popular faces in all these states.

Auditors’ dilemma – to sign or to resign? An auditor in a corporate entity is one of the custodians of the faith and trust of the multitude of stakeholders.


M Damodaran
Moneycontrol Contributor
The spate of resignation by auditors has been perceived by some as the last nail in the coffin of Corporate Governance. The cynics who continuously look for evidence that Corporate Governance is dying, if not dead, are anxiously awaiting more resignations. Having long subscribed to the view that the biggest are necessarily the best governed, the apologists for the corporates that held themselves out as the shining examples of governance in India, are now feeling vindicated when auditors in smaller companies are opting out of their assignments.
An auditor in a corporate entity is one of the custodians of the faith and trust of the multitude of stakeholders. It is on account of the comfort, that an investor draws from the certification of the accounts as giving a fair and correct picture, that he/she stays invested in the company. When auditors throw up their hands or walk away, investor confidence suffers a mortal blow and share prices ordinarily experience a very steep fall.Attributing the phenomena of increasing auditor resignations to any one reason would amount to oversimplification. There are those that believe that regulatory action, against the auditors in the case of a major corporate fraud, has induced a sense of fright in the auditing profession.There are others who subscribe to the view that the coming into being of National Financial Reporting Authority (NFRA), a statutory body with disciplinary powers, might have been the trigger for some resignations since the comfort of self-regulation by a membership body has got circumscribed by the higher powers vested in the NFRA. The fear of being arraigned in class action suits is yet another possible reason for the exit of auditors.
While the reasons may be many and varied, what ought to engage stakeholders as well as students of Corporate Governance is the question whether the auditors are doing the right thing by exiting either before the completion of the audit or immediately thereafter.Put differently, is exit the only option for an auditor unable to discharge his/her functions because of non-cooperation by the auditee or for other reasons? Is there an element of abdication of responsibility having regard to the fact that an auditor’s exit leaves a vacuum which cannot be immediately filled, and consequently causes considerable disquiet in the minds of stakeholders?
The more common reason cited by exiting auditors is that the information they have sought, in the course of audit, has not been made available to them. It is entirely possible that managements withhold information which, if taken into account by auditors, could lead to non-certification of accounts as presenting a true and fair picture.Should information be withheld or delayed, there are options other than exit available to the auditor. It is open to the auditor to approach the Audit Committee (AC) at any point of time, and not only when the quarterly meetings take place, to bring to the committee’s notice that complete and correct information is not being made available by the management.
In fact, in most companies, that practice high standards of Corporate Governance, and where the auditor has interactions with the AC in the absence of management, one common question put by the committee to the auditors is whether the information flow is timely and comprehensive. For an auditor to not avail this opportunity is to act in a manner inconsistent with the expectations from that high office.
Auditors also have the unfettered right to qualify accounts if they believe that the position taken by the management in regard to some matters is inconsistent either with the facts or with the accounting policies that are followed. The purpose of the qualification is to put stakeholders on notice that the results indicated by the management should not be fully relied on to make investment decisions.Since qualifications in the accounts place the corporates at a severe disadvantage vis-à-vis the stakeholders and also the regulators, it is unlikely that managements will refuse to fall in line if the auditor signals the possibility of a disqualification.
Yet another option available to the auditors, especially when fraud is suspected, is to alert the Board and the Registrar of Companies (ROC). More often than not, it is fraudulent action on the part of the management that stands in the way of their sharing complete information with the auditors. In such a situation, it is incumbent on the auditors to assess whether a fraud has taken place or is suspected, and to alert the Board to such a possibility.
Notwithstanding every alternative that is available, it is possible that the circumstances are so adverse as to not to leave the auditor with any option but to quit. In such a situation, it must be made mandatory for the auditor to disclose, in sufficient detail, the reason for resignation and steps taken by the auditor to address the matters that finally precipitated his/her resignation.
If for example, auditor has been denied information, the resignation letter should indicate, in sufficient detail, the efforts made by the auditor, including approaching the AC, and the auditor’s assessment as to why information is being withheld. In doing so, the auditor’s position would be considerably strengthened by the fact that Independent Directors (IDs) are also expected to ensure the timeliness and adequacy of information flowing to the Boards. Making common cause with IDs in pursuit of the objective of ensuring that the accounts reflect the correct position of the company is an approach that auditors should always embrace.
A resignation letter by the auditor indicating detailed reasons for resignation should ordinarily trigger a regulatory enquiry to ferret out the truth. One possible safeguard against hasty resignations could be a requirement for the exiting auditor to appear before the shareholders at the next Annual General Meeting (AGM) and to personally indicate to them the reasons for resignation. Since they are appointees of shareholders, this alone can bring their assignment to a legitimate conclusion.To sign or to resign seems to be the auditors’ dilemma. The way out is simple. When the going gets tough, the tough get going. They don’t leave.
The author Chairperson of Excellence Enablers and former chairman of SEBI, UTI and IDBI.
First Published on Jul 2, 2018 09:50 am

Govt extends PAN-Aadhaar linking deadline till March 31, 2019

Govt extends PAN-Aadhaar linking deadline till March 31, 2019
The government on Saturday extended the deadline for the PAN-Aadhaar linking to March 31, 2019. This is the fifth time the CBDT has extended the deadline for individuals to link their PAN to their 12-digit biometric ID. In an order issued late night Saturday, the policy-making body of the tax department said: "CBDT had allowed time till 30th June, 2018 to link PAN with Aadhaar while filing the tax returns. Upon consideration of the matter, the CBDT further extends the time for linking PAN with Aadhaar till 31st March, 2019."

The fresh CBDT order has come against the backdrop of the Supreme Court earlier this year directing extension of the March 31, 2018 deadline for linking Aadhaar card with various other services. The apex court had ordered that the Aadhaar-PAN linking deadline be extended till the five-judge constitution bench delivers its judgment on petitions challenging the validity of the biometric scheme.
The five-judge Constitution bench comprising Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan are hearing the petitions contesting the validity of the Aadhaar law agreed with his contention.

Sunday, July 1, 2018

DO NOT TRY TO BE SMART AS YOUR CELL PHONE IS OVER SMART NOW A DAYS.

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ATM frauds are rising. Here are tips to protect yourself While ATM cash withdrawal is a simple process, you can make it safer if you keep some precautions in mind

Don’t take help from strangers when using an ATM. Photo: Mint
Don’t take help from strangers when using an ATM. Photo: Mint
There have been multiple cases of frauds at automated teller machines (ATMs). To make sure that you don’t become a victim to any ATM frauds here is what you should know: If an ATM site is in a remote corner of the street and looks desolate, avoid using it. Find a brightly lit and well kept ATM. ATMs in India are typically located in 800-1,000 sq. ft outlets, done up depending on the branding of the bank to which they belong, while others are kept in lobbies of corporate buildings, airports, malls, etc.
Don’t enter ATM outlets if you find people inside. If they are using the ATM, let them complete their transaction. If they are just loitering inside, ask them to move out. If you suspect something fishy, leave the site. If you have to urgently withdraw cash, before starting the transaction, check your surroundings and the ATM for any hidden camera. Look at the card reader. If you see something looking abnormal, tug at the card reader to check for any ‘skimmer’ (a device to read your card data) attached to the card reader. Check the slot from which cash comes out of the ATM. Do you see anything out of the ordinary? If so, don’t use the ATM.
I have seen cardholders giving their card and PIN to their family member, or other people, requesting them to withdraw cash for them. Giving your card and PIN is like giving the key to your account and your hard-earned money. Never give your card or PIN to anyone, even to your own child, spouse or sibling. There have been numerous instances where a cardholder’s relatives have defrauded the cardholder using his/her card and PIN.
ATMs are very simple to use and using it once or twice will give you the confidence to use it regularly. Many fraudsters loiter around ATMs, trying to act as good samaritans. They talk sweetly to you, watch you enter your PIN and memorise it. They pull out your card from the card reader and switch the same with a look alike card which they give to you. You may not notice that you have the wrong card.
Once you leave the site, these fraudsters use the card obtained from you and the PIN noted by them to empty out your account. Don’t take help from strangers while using the ATM. If there are people right behind you or at your side when you are transacting, please ask them to move away. While entering your PIN on the ATM, cover the movement of your fingers on the PIN pad, with the other hand, purse, book, mobile or any other thing that you may have with you. This will ensure that even if people try to see the numbers you are pressing on the PIN pad or there are hidden cameras near the ATM, capturing your hand movement and thereby your PIN, they will not be successful. Some ATMs have a ‘PIN shield’ which is like a flap on both sides of the PIN pad. This is mainly to protect your PIN entry from the hidden cameras.
But fraudsters are one-up on this. They install a small camera on the inside part of the flaps. So if you see ATMs which have flaps on either side of the PIN pad, please put your hand under the flaps and check for any hidden cameras. Please stand as close as possible to the ATM. This will ensure your body covers the activities you do on the ATM and nobody from behind is able to see your account balance, your PIN or the amount you are withdrawing.
Quickly count the cash you receive, put it in your wallet or bag, press the cancel button and wait till the ATM screen shows the ‘Welcome’ screen before you move away. This ensures your transaction is fully completed and no one can access your account through your card and PIN. While withdrawing cash from the ATM is a simple process, you can make it safer if you keep the precautions in mind.
Radha Rama Dorai is managing director, ATM & Allied Services, FIS

Sushma Swaraj trolled on Twitter again, accused of Muslim appeasement She has also been retweeting some of the tweets by the trolls, criticising her following the issuance of passport to an interfaith couple.


External Affairs Minister Sushma Swaraj was trolled on Twitter on Saturday and accused of appeasing Muslims.Her husband Swaraj Kaushal tweeted a screenshot of a post by a Twitter user who asked him to “teach” the minister “not to do Muslim appeasement”.
Swaraj also retweeted some of the tweets by that person.She has also been retweeting some of the tweets by the trolls, criticising her following the issuance of passport to an interfaith couple."Friends : I have liked some tweets. This is happening for the last few days. Do you approve of such tweets? Please RT," she tweeted this evening.
 
Swaraj also thanked President Ram Nath Kovind for complementing her work."There are higher expectations from us as a country from our citizens living outside. I compliment EAM @SushmaSwaraj for her exemplary leadership. She has given a new confidence to our people abroad in the ability of our Govt to reach out to them when in need #PresidentKovind," the official Twitter handle of the President of India posted.
A Passport Seva Kendra official, Vikas Mishra, in Lucknow was transferred on June 21 after an interfaith couple alleged that he humiliated them when they went to the office with their passport applications recently.According to the couple, Mishra asked the husband to convert to Hinduism and pulled up the wife for marrying a Muslim.A section of social media had attacked Swaraj and the ministry for taking action against Mishra, claiming that he was just doing his duty.
The minister had taken it on the chin and retweeted some of the tweets that were even abusive and communal in nature.Asked whether the Ministry of External Affairs is contemplating taking any action against the trolls, Ministry spokesperson Raveesh Kumar had said, "The EAM (External Affairs Minister) has responded to those malicious tweets and the trolling which she was subjected to in her own way and in a manner which she deemed fit. I don't think I have anything further to add on that."
First Published on Jun 30, 2018 11:12 pm