Friday, August 7, 2015

[aaykarbhavan] JUdgments and Infomration [3 Attachments]






SEBI introduces monthly reporting by clearing corporations, prescribes format & timelines

SEBI advises Clearing Corporations to submit Monthly Report in prescribed format from August 2015 onwards, prescribes timelines for such submission; Monthly Report should include details on the clearing, settlement & related functions and administration of Clearing Corporation; Reporting on clearing and settlement functions includes: (i) Average daily settlement value & highest settlement value (ii) Details of Top-10 Settlement Shortages, (iii) Details of penalty imposed, (iv) Securities lending and borrowing, (v) Details of Members declared Defaulter/Expelled; Reporting on administration of clearing corporation includes: (i) Composition of governing board, changes therein (ii) Composition of Statutory/Standing Committees, changes therein (iii) Board Meeting / Annual General Meeting / Extra Ordinary General Meeting held during the month: SEBI

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SEBI modifies format for promoters' disclosure on encumbered shares & invocation

With an intention of ensuring that adequate disclosures are made to assist investors in taking informed decision, SEBI modifies the format for disclosures under Regulation 31 of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011; Promoters need to disclose the exact purpose of encumbrance and lender's name; Pursuant to the Regulations, promoter of target co. are required to disclose details of shares encumbered by him / by persons acting in concert (Regulation 31) and shall disclose details on invocation of such encumbrance / release (Regulation 32) within prescribed time to stock exchange and target company: SEBI

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IT : Where assessee had invested net sale consideration on transfer of long-term asset in construction of a residential house property, deduction of section 54F could not be denied merely because the construction of house was not complete in all respects within 3 years of transfer
• The issue raised by the revenue before the High Court was:
"Whether Tribunal was right in allowing deduction under section 54Fof the Income-tax Act ('the Act') to assessee though she hadn't completed the construction of house within three years as per section 54F"
The High Court held in favour of assessee as under:
(1) Section 54F of the Act is a beneficial provision which promotes construction of residential house. Such provision has to be construed liberally for achieving the purpose for which it has been incorporated in the Statute. The intention of the Legislature in inserting this provision was to encourage investments in the acquisition of a residential plot and completion of construction of a residential house in the plot so acquired.(2) A bare perusal of said provision does not even remotely suggest that it intends to convey that such construction should be completed in all respects in 3 years and/or make it habitable.(3) The essence of said provision is to ensure that assessee who received capital gains would invest same by constructing a residential house and if assessee is able to establish that he had invested the net consideration within the stipulated period, he would be entitled to get the benefit of Section 54F.(4) Though such construction of building may not be complete in all respects that by itself would not disentitle the assessee to the benefit flowing from Section 54F.(5) 
AO was not justified in denying Section 54F relief since assessee had invested entire consideration in a residential house property and also produced material evidence before the CIT(A) to demonstrate that the construction was on the verge of completion by producing photographs.

Govt. clarifies on FCCB, debt conversion into equity under 'foreign investment' scope

Nirmala Sitharaman, Minister of State, Commerce & Industry in a reply to question in Lok Sabha states that Govt. has introduced composite caps on foreign investments, for ensuring that uniformity is brought across sectors for attracting foreign investors; States that introduction of composite caps shall include all types of foreign investments (direct and indirect), - FDI, FII, FPI, NRI, NRI, Foreign Venture Capital Investor ('FVCI'), Qualified Foreign Investor ('QFI'), LLP & Depository Receipts ('DRs'); States that FCCBs and DRs having underlying instruments, being in the nature of debt, are not to be treated as 'foreign investment'; Clarifies that any equity holding by a person resident outside India resulting from conversion of any debt instrument under any arrangement shall be reckoned as 'foreign investment'; With respect to misuse of FDI policy and monitoring mechanism, she states that RBI monitors foreign investment inflows and specific violations of FDI policy are investigated by Enforcement Directorate: PIB

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FDI policy strikes balance between safeguarding domestic industry & attracting foreign inflows: Minister

Industry Minister Nirmala Sitharaman, in a reply to a question in Lok Sabha states that activities of multinational and foreign cos. are governed by FDI policy and FEMA; Clarifies that, for safeguarding domestic and traditional industries, certain sectors/ activities are not open to ownership and control by non-residents and investment in a number of sectors/ activities can be made only after Govt. approval; States that FDI policy though, on one hand, has placed necessary safeguards to protect domestic and traditional industries, on the other hand, has also kept most of the sectors under automatic route to keep India as increasingly attracting destination for foreign investment: PIB

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Posted by: Dipak Shah <djshah1944@yahoo.com>


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