Friday, January 24, 2014

[aaykarbhavan] Business standard news updates 25-1-2014



Getting a PAN made stricter


VRISHTI BENIWAL

New Delhi, 24 January

It will not be easy to get a Permanent Account Number (PAN) now, as the Income Tax (I- T) department on Friday put more conditions for applicants in a bid to crack down on fraudsters.

"The procedure for PAN allotment will undergo a change from February 3. Every applicant will have to submit self- attested copies of proof of identity, address and date of birth documents and also produce original documents for verification," the Central Board of Direct Taxes ( CBDT) said on Friday.

It said the original documents would be returned after verifying the self- attested copies attached with the application form received at the PAN facilitation centre.

An official said the decision was taken after the department noticed a lot of cases where people were giving false information in the application to get a duplicate PAN in some cases and to get the card even when they were not eligible for it in other cases.

About 1.4 million new PAN cards are issued every year by the department, which is able to verify details of only 0.2 per cent applicants.

Experts said the department's intention behind the move was to check mala fide cases but it would cause problems for genuine applicants.

"The department is asking for self attested as well as original documents ( for verification only), to be 100 per cent sure about their veracity. But this will make it more difficult to obtain PAN, particularly for foreigners. People might not be comfortable sharing original documents with consultants.

There are practical challenges which might unfold in the coming days and we hope for more clarity," said Amarpal Chadha, tax partner, EY.

The official agreed it might cause discomfort to some people but the intention was to make the system foolproof. CBDT had found some foreign nationals were using PAN as proof of identity. In most of these cases, a fake certificate of identity and address signed by a Member of Parliament was issued.

By I- T Rules, a depository account statement, bank account statement/ passbook, ration card, passport, voter identity card, driving licence, property tax assessment order and a certificate signed by a Member of Parliament or a Member of Legislative Assembly or municipal councillor or a gazetted officer are accepted as proof of identity as well as address. Currently, about 140 million people have a PAN card in India, while only 34 million of them file their income tax returns. Many people who don't file returns, get a PAN as it works as an identity proof at many places.

Of the total PAN allotment, 96 per cent are under the category of ' Individual' applicants and the highest fake/ duplicates are also observed under this category.

In March 2011, after finding ahuge mismatch between the number of PAN holders and the number of tax return filings, the Comptroller & Auditor General had asked the I- T department to ensure that asingle taxpayer was not issued multiple cards.

I- T dept wants original ID proof; experts warn of practical challenges

 

The one sector still barred from listing abroad


SACHIN P MAMPATTA

Mumbai, 24 January

The government opened global funding options for Indian companies when it tweaked its foreign direct investment ( FDI) policy last month, allowing listing abroad even without adomestic listing.

However, at least one sector which can't use the route. Ironically, stock exchanges, the platforms to help companies raise capital, can't raise any themselves through the foreign listing route.

Regulation 45 of the Securities Contracts ( Regulation) ( Stock Exchanges and Clearing Corporations) Regulations, 2012 (SECC Regulations) states a boourse can only list on another ' recognised stock exchange.' Sandeep Parekh, founder of Finsec Law Advisors and former executive director of the Securities and Exchange Board of India ( Sebi), notes the definition of a recognised stock exchange does not envision a global or foreign player. " The term under the Securities Contracts ( Regulation) Act, 1957, means a stock exchange which is for the time being recognised by the central Government ( delegated to Sebi) under section 4," he said.

This means any foreign exchange, which by definition would not fall under the purview of Sebi, is automatically off- limits for listing. There is also the matter of ' fit and proper', by which the regulator defines who can be a shareholder in an exchange.

"Regulation 45 shall be required to be amended to provide for listing of shares of stock exchanges abroad, in addition to amendments relating to the fit and proper criteria for shareholders.

Since the Sebi SECC Regulations primarily envisioned listing of exchanges on other Indian stock exchanges, Sebi might want to carry out further changes to accommodate the possibility of listing on exchanges abroad," he said.

|Govt eased foreign investment norms in December |Allowed domestic companies to list abroad without listing in India |Companies in the stock exchange business ( such as NSE, BSE) cant make use of the route |Definition of recognised exchange restricted to those under Sebi |Does not envisage possibility of foreign listing |Fit and proper criteria could also play spoilsport FOREIGN EXCHANGES OFF LIMITS FOR DOMESTIC BOURSES

 


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