CA Online

  RBI governor Urjit Patel rejects easing NPA norms  The Reserve Bank has ruled out any relaxation in bad loan rules, saying the tough norms will discipline borrowers and prevent banks from pushing distressed loans under the carpet, two senior officials, who did not want to be named, said.  This message was conveyed by RBI governor Urjit Patel to parliamentarians in a closed-door meeting held in New Delhi on Tuesday. The revised rules of February 12 give banks direction on measures they should take once an account shows initial signs of weakness. Banks termed the changes harsh and feared it would lead to a steep rise in the share of bad loans. According to the new rules, banks must work on a resolution plan from day one of a default and relevant plans must be put in place within 180 days. If they fail to do this the loan has to be referred to the dedicated bankruptcy court. “The RBI is very clear that such measures are needed to clean the banking system and any di...

  Aadhaar cards have not been duplicated: Government  The government and the Unique Identification Authority of India (UIDAI) on Wednesday told the Supreme Court that no Aadhaar card has been duplicated. They claimed that these cards were the least invasive and most successful way of plugging leaks in the country’s system which prevented government benefits from trickling down to the poor.  “Duplicate Aadhaar cards are virtually non-existent,” additional solicitor general Tushar Mehta, said in his submissions before a five-judge bench, led by CJI Dipak Misra, which is hearing challenges to the 2016 Aadhaar Act. Mehta claimed that though duplicate pan cards had flooded the system, Aadhaar cards were yet to be duplicated.  Mehta, who was speaking for both the Centre and UIDAI, said the scheme would help the government mop up Rs 30,000 crore in revenue.  He dismissed the argument that the scheme was based on the presumption that the entire population was he...

SEBI plans to tighten appointment rules for top executives at MIIs The move comes at a time the Reserve Bank of India (RBI) is said to have raised objections over Axis Bank's decision to reappoint Shikha Sharma The Securities and Exchange Board of India (Sebi) is planning to tighten rules governing the appointment process for top executives at market infrastructure institutions (MIIs) such as exchanges, clearing corporations and depositories. According to sources, MIIs might have to appoint managing directors (MDs) and chief executive officers (CEOs) afresh after the completion of their tenure. At present, the tenure of MDs and CEOs is extended by the board and is sent for Sebi’s approval without a formal appointment process. The move comes at a time the Reserve Bank of India (RBI) is said to have raised objections over Axis Bank’s decision to reappoint Shikha Sharma as MD and CEO for the fourth term. “If an MII decides to reappoint an existing person, the nomination and re...

Banks Want MPs, Finmin Officials to Help Convince RBI to Relax Norms Lenders seek a longer period — a minimum of 30 days — to start the resolution of a loan Lenders led by the State Bank of India (SBI) have sought New Delhi’s intervention in convincing the banking regulator to relax the recent rules on stressed assets, arguing that the ‘harsh’ norms and zero tolerance of bad loans could affect future credit disbursements. During a two-hour meeting with Rajya Sabha members and senior finance ministry officials, bank chiefs suggested that the Reserve Bank of India (RBI) consider relaxing norms that require lenders to work on a restructuring plan a day after a company skips scheduled payments. Bankers urged they be given a longer period — a minimum of 30 days — to start the resolution of a loan. They have also sought the government’s help to get the RBI to relax the rules regarding 100% consent from all borrowers for restructuring a loan within 180 days. According to the revised R...

 FinMin raises questions on interest rate of 8.55% proposed by EPFO Asks why the retirement fund body has not kept a higher surplus The finance ministry has raised questions over the Employees’ Provident Fund Organisation’s (EPFO’s) recent decision to declare an interest rate of 8.55 per cent to around 200 million formal sector workers for 2017-18. In a letter to the labour and employment ministry on March 15, the finance ministry has asked why the EPFO has not kept a higher surplus while declaring the rate at 8.55 per cent. The EPFO has contested the arguments. This is the third consecutive year when the finance ministry has asked the labour ministry to keep a higher surplus while deciding the rate of interest for EPFO subscribers. The finance ministry had pressed for similar arguments in the previous two years to overrule the EPFO’s proposed interest rate for 2015-16 and 2016-17. The EPFO’s Central Board of Trustees (CBT), chaired by Minister of State for Labour and Emp...

  Examine possibility of converting GSTN into govt-owned firm: FM to Adhia The move came after there were reports of leakages of data, including those allegedly by Facebook and Cambridge Analytica Ten months into the goods and services tax (GST), the Centre is looking at converting GST Network (GSTN), a company managing the IT infrastructure of the indirect tax system, into a government-owned company to protect the sensitive data of companies. Finance Minister Arun Jaitley has asked Finance Secretary Hasmukh Adhia to “examine the possibility” of converting GSTN into a company in which the government holds a majority stake, which can go up to 100 per cent. The move came after there were reports of leakages of data, including those allegedly by Facebook and Cambridge Analytica. After examination, the proposal may be sent to the GST Council. Currently, the Centre and the states hold 24.5 per cent each in GSTN. The rest is held by banks and financial institutions — LIC Housin...

Don't deny pension for want of Aadhaar: EPFO to banks The circular also said people who do not have Aadhaar should be encouraged to get it The Employees’ Provident Fund Organisation (EPFO) has asked banks to not deny monthly pension to people for want of Aadhaar cards or biometric authentication. Instead, they can use other documents such as life certificates. The April 9 circular from the EPFO said people should not be denied their pension if biometric identification — fingerprint or iris scans — fails. An entry mentioning the cause should be made in an exception register. The circular also said people who do not have Aadhaar should be encouraged to get it, and till they do so, a life certificate could be accepted as an alternative. “The register will contain the details of exceptions granted, along with the life certificate, the Aadhaar number or the Aadhaar enrolment number. This can be reviewed and audited periodically by senior management of the bank,” the circular sai...

Decoding ITR Form-1 (Sahaj) meant for salaried individuals The Central Board of Direct Taxes (CBDT) has notified the new income tax return forms (ITR) for assessment year (AY) 2018-19. While some amendments have been made in ITR Form -1 (Sahaj), ITR Form-2 has also been rationalised. ITR Form 1 (Sahaj) ITR Form -1 (Sahaj) is a one-page form that can be used by an individual with an income up to Rs50 lakh, with salary being the primary source of income, besides income from one house property and other income like interest from bank deposits. The form was first notified in the last AY 2017-18. While in the previous Sahaj form, only details of income from salary or pension along with income from one house property and other income were to be filled, the current Sahaj form asks for a break-up of income from each source. Income from salary: This head has been divided into five: In the first column, you need to provide the amount of salary received, excluding all allowances, perqui...

Clause in Aadhaar Act Badly Drafted, says Supreme Court Section 59 is badly drafted... It is very difficult for us to recognise that fundamental rights can be compromised or waived: CJI Dipak Misra  Should court not accept the deemed valid clause, all pre-Act Aadhaar would become suspect in the eyes of the law The Supreme Court on Tuesday faulted a clause in the Aadhaar Act, which validated all biometric enrolments even before the law was enacted with retrospective effect, as badly drafted and too wide in a prima facie observation. The Act came into effect only in 2016, though the government started enrolling people under its Aadhaar scheme in 2010. Should the court not accept the deemed valid clause, all pre-Act Aadhaar would become suspect in the eyes of the law. Section 59 of the Act deems consent in all pre-2016 cases where biometrics were collected without the backing of any law. “Section 59 is badly drafted,” observed Chief Justice of India Dipak Misra, who is heading...

Non-banking Cos Using UPI to Get a Payments Council Seat The Payments Council of India, the industry body for payments in the country, is in the process of forming a separate subcommittee for non-banking private players using Unified Payments Interface (UPI) for fund transfer. This comes amid steady growth of UPI-based transactions and mushrooming of private companies on the UPI platform in partnership with banks. In a closed-door meeting on Tuesday, companies such as PhonePe, Paytm, Amazon Pay, Google, WhatsApp, Hike and Truecaller, along with the National Payments Corporation of India (NPCI), discussed issues related to UPI. “The plan is to make private players also part of the decisionmaking processes around UPI which can help these companies manage the regulatory environment better,” said a senior executive of a payment company, who attended the meeting. The main challenge for the subcommittee, the executive said, would be to resolve operational issues which are currently p...

  SEBI Clarifies on Investment Limit for FPIs Owned by Foreign Govts Two or more foreign government-related entities from the same jurisdiction will be considered a single foreign portfolio investor (FPI) and will be eligible to invest up to 10% in a listed Indian company, market regulator Sebi said. “However, in cases where government of India enters into agreements or treaties with other sovereign governments and where such agreements or treaties specifically recognise certain entities to be distinct and separate, Sebi may, during the validity of such agreements or treaties, recognise them as such, subject to conditions as may be specified by it,” Sebi said in a clarification on Tuesday. The regulator said World Bank Group — IBRD, IDA, MIGA and IFC — have been exempted from clubbing of the investment limits for the purpose of application of 10% limit for FPI investments in a single listed firm. Sebi said various stakeholders had sought guidance on clubbing of investment lim...