Tuesday, 19 March 2013

Online Registration for Foundation Program / Executive Program



1) Click the login button on top of the ICSI website (www.icsi.edu)

2) Then click on “Student” option and click on “Student Registration” option.

3) A webpage shall open. Click on the documents mentioned on that page, if students are having the softcopy of the same ( otherwise they will not be able to Register )

4) Please keep in mind the following factors also :
    a.    File format should be jpg, jpeg, png, gif, bmp
    b.    File sizes of documents should not exceed 5 MB
    c.     Size of Student Photo should be between 20KB – 50KB
    d.   Size of Student Signature should be between 10KB – 20KB

5) Now Click on Proceed to Registration

6) Select the Course type as applicable to them (Foundation / Executive)

7) If CPT passed students of ICAI / or Foundation passed students of ICAI-CMA are taking admission in CS Executive Program, they are required to select the radio button of “Commerce Graduate” and proceed further.

8) Fill other fields and click on “Register”.

9)  After this students shall get their “Request ID and Payment ID” with their personal details. Also the copy of same details shall be mailed to them on their registered e-mail ID.
10) After this “Click” on Make Payment.
11) Payment can be made through Debit Card / Credit Card / net banking.
12) They shall get “Username” and “Password at their e-mail ID within 24 hours of payment.
13) In fact “Username” is the student’s Registration Number, which is to be noted for future use. It should be quoted invariably in future for all correspondence with ICSI.
14) After that they are required to upload scanned copy their requisite documents at the link sent at their e-mail. They can also “login” using their Username & password and can upload their documents under “My Account” and then Manage Account” option.

(II) Process of accessing student’s account after registering to ICSI for uploading documents
 Students are advised to follow the following steps to access their registered account: Click the login button on top of the ICSI website (http://www.icsi.edu/)
Enter your Username and Password

Then Click on “Login”.

After Login, Go to Students and then click “My Account” Click on “Manage Account”
Upload documents at various tabs given under manage account option as applicable to you.

Once all required documents have been uploaded, the applications are being checked at Directorate of Student Services and if found OK, it is approved. If any discrepancies are found, then student concerned is informed by e-mail to complete the requirement.

(III) Supply of Study materials:

If any student has taken registration through “Online Services “, then he/she shall be supplied study materials directly by post from institute’s main stores Noida. Concerned Regional Councils / Chapters are not required to give study materials to such students.

(IV) Process of downloading registration letter / e-Identity card through online services :

Students can download their e-Identity card and registration letter from Institute’s website www.icsi.edu by following the given below simple procedure:

1.  Click on log in option at www.icsi.edu

2.  Enter your “Username” & “Password”

3.  Click on “student” option

4.  Open “my account”

5.  Go to “others” option at student’s account

6.  Students can download registration letter / e-Identity card at others option at their account
After downloading the Identity card, students are compulsorily required to get it attested by any of the following authorities with his/her seal carrying name, professional membership No., designation and complete officialaddress:

1.  Member of the Institute, with ACS/FCS No.

2.  Gazetted Officer of the Central or State Government.

3.  Manager of a Nationalised Bank.

4.  Principal of a recognized School/College.

5.  Officers of ICSI

Unattested Identity Cards are not valid and the students are advised to carry duly attested Identity Card for various services during their visits to the offices of the Institute, Examination Centres, etc.

Please note that Institute do not send hard copy of the identity card and Registration letter to the student by post.

In case you need any further clarification/ information on the matter, please contact Shri A K Srivastava, Deputy Director (Student Services) OR Ms. Geetanjali S. Rathore, Desk Officer (Student Services) at E-Mail Idashvini.srivastava@icsi.edu    (Tel.No. 01204522083) OR atgeetanjali.rathore@icsi.edu  (Tel.No. 0120-4522065).

In case of any Payment problems in “online services”, students may contact at error screen shot atpooja.juyal@icsi.edu.

0NLINE FILING OF EXAMINATION FORM OF CS FOR JUNE 2013


ATTENTION CS STUDENTS
ICA LUCKNOW IS PROVIDING FREE ASSISTANCE IN FILLING OF EXAMINATION ENROLLMENT FORM BETWEEN 11:30 A.M. TO 4:30 P.M.
FROM: - 19th MARCH, 2013 TO 24th MARCH 2013
ADDRESS: - C-401, BEHIND CHURCH, INDRA NAGAR, LUCKNOW
CONTACT NUMBER: - 0522-4011081; 8176882499; 9554279814

Sunday, 17 March 2013

TDS return under digital signature optional, new TDS forms and an insertion of new rule to claim TDS refund


Certain changes are brought by Income-tax (Second Amendment) Rules, 2013 with regard to the compliance to be made in respect of TDS and TCS, namely:
1) All statements to be furnished in Form nos. 24Q, 27Q and 26Q shall be furnished electronically and deductor has an option to furnish it under a digital signature;
2) Deductor can file statement in the new Form 26B to claim refund of the sum paid to the Central Government under Chapter XVII-B, provided:
a.      The credit of such sum has not been claimed by the deductor;
b.     No demand is outstanding against deductor
3) Following forms have been substituted:
a.      Form 15G – Declaration to be given for claiming certain receipts without TDS
b.     Form 15H - Declaration to be given by an Individual, who is above 60 years of age, for claiming certain receipts without TDS
c.      Form 16 – Certificate of tax deduction from salary
d.     Form 16A – Certificate for tax deduction from any other payment
e.      Form 27C - Declaration to be given for obtaining goods without collection of tax
f.       Form 27D – Certificate for tax collected at source
g.     Form 27EQ – Quarterly statement for tax collected at source
h.     Form 27Q – Quarterly statement for tax deducted at source


SCHEDULE OF CLASSES OF CS PROFESSIONAL STARTING FROM 18TH MARCH


IT dept to accept returns on 30th and 31st March, 2013


SECTION 119 OF THE INCOME TAX ACT, 1961 – INCOME TAX AUTHORITIES – INSTRUCTIONS TO SUBORDINATE AUTHORITIES – ORDER FOR FACILITATING FILING OF IT RETURNS BY TAX PAYERS FOR F.Y. 2012-13 ON 30th & 31st MARCH, 2013

ORDER [F. NO. 225/45/2013/ITA.II],DATED 13-3-2013

The Financial Year 2012-13 closes on 31-3-2013. In view of holidays on 27th and 29th of March and thereafter, on 30th and 31st March, being Saturday and Sunday it is directed that all the Income-tax Offices through out India shall remain open and the receipts counters shall also work during normal office hours on 30th and 31st of March 2013. The direction is issued for administrative convenience by the Central Board of Direct Taxes in exercise of powers conferred under section 119 of the Income-tax Act, 1961.

Special arrangements may also be made by way of opening additional receipt counters, wherever required on 30th and 31st March 2013 to facilitate filing of return of income and other related work of tax payers. These instructions may be given wide publicity.

Friday, 15 March 2013

Royalty is payable to State governments only on the metal content extracted


Royalty is payable to State governments only on the metal content extracted. Tailings and rejects dumped back into the earth obviously are not metals mined and, to that extent, royalty cannot be levied on them.
This is what the Supreme Court said in State of Rajasthan and Others V. Hindustan Zinc Ltd. and Another.
The Apex court rejected the contention of the State that royalty would have to be paid on the entire quantity excavated inasmuch as processing the ore would also amount to consumption of the ore.
Therefore, even if the said ores — tailings and rejects — are not physically taken out of the leased area, the royalty will have to be paid on the contents of lead and zinc contained in the ore, the State contended.
Instead the court approved the stand of the respondent that royalty is payable only on what is taken out of the mines.

Thursday, 14 March 2013

Directors Responsibility in Cheque Bounced Cases



The Supreme Court of India in a far reaching Judgment of the Bench of Hon'ble Justice Mr Sathasivam and Mr Justice H.Dattu reported in the case of National Small Industries Corp. Ltd. Versus Harmeet Singh Paintal & Anr. has dealt with the liability of Directors in Check Bouncing Cases under Section 141 of the Negotiable Instruments Act 

Two separate Appeals came before the Apex Court one related to National Small Industries Corp. Ltd vs Harmeet Singh Paintal & Anr and DCM Financial Services Ltd., vs M/s International Agro Allied Products Ltd. 

BRIEF FACTS: 

National Small Industries Corporation Ltd. had filed 12 criminal complaints under Section 138 read with Sections 141 and 142 of the Act against M/s Jay Rapid Roller Limited, a Company incorporated under the Companies Act, its Managing Director - Shri Sukhbir Singh Paintal, and its Director - Shri Harmeet Singh Paintal. It is the claim of the appellant that so as to make the Managing Director and Director of the Company liable to be prosecuted under the provisions of the Act, they had specifically averred in the complaint that all the accused persons approached it for financing of bill integrated market support program. It was also stated that the accused persons had issued cheques which were dishonored on presentation against which the appellant had filed criminal complaints under the provisions of the Act against all the respondents herein. It is their further case that all the accused persons accepted their liability and delivered various cheques, which are the subject matter of the present appeals. 


DCM Financial Services Ltd., entered into a hire purchase agreement on 25.02.1996 with M/s International Agro Allied Products Ltd. At the time of entering into contract, the Company handed over post-dated cheques to the appellant towards payment of monthly hire/rental charges. Respondent No.1 - Dev Sarin was one of the Directors of the said Company. The cheque issued by International Agro and Allied Products Ltd. in favour of the appellant was duly presented for payment on 28.10.1998 and the same was returned unpaid for the reason that the Company had issued instructions to the bankers stopping payment of the cheque. The appellant issued a legal notice on 05.12.1998 to the Company, Respondent No.1 and other Directors under Section 138 of the Act informing them about the dis-honouring of the cheque in question. Despite the service of the notice, the Company did not make the payment to the appellant. The appellant, on 11.01.1999, filed a complaint before the Metropolitan Magistrate, New Delhi against respondent No.1 and others under Section 138 read with Section 141 of the Act. By order dated 04.02.1999, the Metropolitan Magistrate, New Delhi, after recording evidence summoned the accused persons including respondent No.1 herein. Respondent No.1 filed an application before the Additional Sessions Judge, Delhi for dropping of proceedings against him. By order dated 08.09.2004, the Metropolitan Magistrate dismissed the said application. Aggrieved by the said order, the respondent filed a petition under Section 482 of the Criminal Procedure Code before the High Court for quashing of the complaint. The High Court, after finding that the averments against respondent No.1 are unspecific and general and no particular role is assigned to the appellant, quashed the summoning order insofar as it concerned to him. 


The Hon’ble Court considered the Statutory position and the liability of Directors and specifically Section 141 of the Negotiable Instruments Act . 

As per the Judgment written by His Lordship Mr Justice P.Sathasivam J the following principles of Law emerge from the Apex Court for fixing the liability of Directors under Section 141 of the N.I. Act for prosecuting them for an action under under Section 138 of the N.I.Act. 



(i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable. For fastening the criminal liability, there is no presumption that every Director knows about the transaction. 

(ii) Section 141 does not make all the Directors liable for the offence. The criminal liability can be fastened only on those who, at the time of the commission of the offence, were in charge of and were responsible for the conduct of the business of the company. 

(iii) Vicarious liability can be inferred against a company registered or incorporated under the Companies Act, 1956 only if the requisite statements, which are required to be averred in the complaint/petition, are made so as to make accused therein vicariously liable for offence committed by company along with averments in the petition containing that accused were in-charge of and responsible for the business of the company and by virtue of their position they are liable to be proceeded with.