Idea Exchange — Markets could have been delinked from economy for a while but not for 18 months…don’t think it will crash: Nilesh Shah, MD, Kotak Mahindra AMC

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Nilesh Shah, MD, Kotak Mahindra AMC

Nilesh Shah, MD of Kotak Mahindra AMC, explains why he is confident about India being a “long-term growth story” and why markets will “continue to correct”, says he doesn’t believe RBI will increase interest rates to a level where it derails growth, and calls for regulation of cryptocurrencies. This session was moderated by Associate Editor Sandeep Singh.


Sandeep Singh: From a peak of around 62,200 a couple of weeks ago, the Sensex lost around 5% or 3,000 points over the last week. How do you see this and do you expect to see the correction continuing?

In the near future, I think the corrections will continue. However, every correction is an opportunity to buy into the market. I believe, in the market, there is a red zone and a green zone. In the red zone are stocks, where floating stock is limited and there is a concentrated holding. That concentrated holding allows people to put any price on those stocks. Now at some point of time, the law of gravity will apply and those stocks have got corrected. Second, in every bull run, we see operators pull up prices of, let’s say, penny stocks. Some of them have gone up as high as 8,000%, some 4,000% and some by 500%. Now all these stocks too have to come to an end. And generally, they make the top of the market. So we are seeing more correction in this red zone than in the green zone. The momentum of the market now is a bit negative. It will take some time to correct and consolidate it.

Sandeep Singh: What makes you confident that markets will rise in the medium-term?
Let’s get a slightly long-term view. In the pre-90s, the villain in most of our Hindi films was a black marketeer — Roti Kapda aur Makaan, Kalicharan and so on. We have shifted from double-digit inflation to mid-single-digit inflation. That is a big change in the economic fundamentals of India. Pre-1990, we were always short of foreign exchange reserves. Fast forward to 2021, we have a$636-billion reserve… For most of our 75 years, we were an infrastructure-deficit economy. Now we are becoming an infrastructure-available economy. Our power consumption has gone through the sky, but are also able to produce power. We are also moving from physical to physical-digital infrastructure. Today, in a developed world, if you want to transfer money from one bank to another bank, it is a seven-day job. In India, it is happening instantly, thanks to RTGS and NEFT, among others. Earlier, we were a capital-constrained economy; not any more. Also, public-private partnership is emerging. From the government running all the businesses to the government saying that we have no business to be in business, is a big mindset change. Air India, BPCL, IDBI, LIC, Container Corporation, Shipping Corporation, Neelachal Ispat — if all these things get divested, then imagine the benefit this country and the economy will get.

All this is changing India like never before. Have we achieved everything? No. It is a work in progress. We need to bring rule of law in the country. We pass a law which says that if your cheque bounces three times, you will go behind bars. What have we achieved in reality? Forty lakh cases of cheque bouncing are clogging up the judicial system. This cannot work. An entrepreneur will invest when he is convinced that there is the rule of law. We have to reform our judicial infrastructure. Also, when you are trying for economic growth, you are labelled as suit boot ki sarkar. Our whole focus is on dividing the pie and getting equality rather than expanding the pie even with inequality… You can’t become a prosperous country until you respect business…

We were growing at mid-single digit, now we have laid the foundation for a higher single-digit growth and that is giving investors the confidence that now India is a long-term growth story.

Sandeep Singh: The current stock market rally has continued for 15 months despite issues of job losses, loss of life, impact on businesses. The common refrain is that the stock market is delinked from the economy.
Stock market could have been delinked from the economy for a while, not for 18 months. We saw that kind of madness during the Harshad Mehta, Ketan Parekh times… Today, can someone take out money from the banking system and put it in the stock market? No. At that time, the average PE (Price to Earnings) of the market was 40, today we are at 20. At 20 PE, how can one say there is a bubble? In 2008 too, we saw correction but that was driven by sub-prime. But it is unlikely that we are seeing a sub-prime kind of an event. I wouldn’t say markets are delinked from the economy; I would instead say they are optimistically discounting the future and if that future is not delivered, there will be correction. But there will not be any crash in the market because even if the 20 PE comes down to 15 PE, people will go to buy. Unless a sub-prime kind of an event happens, where all FPIs (Foreign Portfolio Investments) decide that they have to move out, I don’t think markets will crash. They will undoubtedly correct. And right now, we are in a negative momentum, but markets most likely will not crash like 2008 or 2020.

George Mathew: Why do we see many more retail investors jumping onto the stock market bandwagon? Does the RBI’s accommodative policy have a part to play in increasing liquidity?
Where will the retail investors deploy money? Can they buy real-estate? It is a big-ticket investment. Bank deposits will get them 3-5%. Gold and silver had negative returns last year. So where will you put your money? By definition, it is equity. And they have seen their neighbour making money so they have also jumped onto the bandwagon. Not all retail investors are blind followers. There is a fair amount of mature investors who have been investing in the stock market through its ups and downs and have been building up their positions in equity because interest rates are so low in other places. Is RBI’s accommodative policy fuelling the equity market rally? The credit growth in the economy does not suggest that the liquidity that the RBI has built up has moved to retail investors. I don’t think credit growth is 30-40 per cent, where I need to be concerned. So RBI has excess liquidity in the system but unfortunately, it is only moving from the banks to the RBI and vice-versa. It has not moved from the RBI to banks to the customers. This is mine and your savings getting invested in the market. People have started taking increasing exposure because of low interest rates and the last 18 months’ positive experience of making money.

Sandeep Singh: A lot of FPI money is flowing into the market. How does it translate into change in the real economy for sectors such as healthcare, education?
Digitisation of education is our solution to the shortage of quality teaching. There will be stories of children not having electronic instruments or good network coverage. But at least with digitisation I am able to cover 10-50 % of the population. Without that, no one will be covered. So you have to see if the glass is half full or half empty. In healthcare, we have seen top-of-the-line consultancy being provided in whichever part of India you are in… Digitisation is changing the way things are moving and more importantly, for ideas, capital is available… Capital availability is helping them expand at a much faster rate. Byju’s without global capital could not have reached where it is.

George Mathew: There is speculation around the world about interest rates rising again. In India, do you think interest rates have bottomed out? When will they start rising again?
In September 2020, we said RBI will raise interest rates by March 2021. In March 2021, we said RBI will raise interest by September 2021. In September 2021, we are saying RBI will raise interests by March 2022. Today, India’s CPI inflation at 5.3 % is the same as the US’s. Our interest rates are at 6.3%, 100 basis points real, their interest rate is 1.7, it is negative. RBI has managed our monetary policy significantly better than other countries. They have ensured that liquidity remains absorbed, interest rates remain under check, the borrowing programme of the government goes through, the financial market remains stable and functioning. At the same time, inflation and growth rate remain supported. I don’t think we could have got a better RBI Governor than Shaktikanta Das. Rates will rise in India and globally, but not as much as the market is fearing. I don’t think central bankers are going to increase interest rates to a level where it derails growth. They will raise so that inflation remains under control but post that, they will again support growth. Today, we have $636 billion of reserves, positive interest rates, our inflation numbers are well under control. Put all this together, rates will rise, but it will not rise to derail growth.

Sunny Verma: The government is pushing ahead with a giant privatisation plan… they plan to privatise two banks. Should we allow industrial houses and corporate houses entry into banks?
We, as a democracy, do not have the screening process where only good people get the license… We open the gates for everyone and then keep on tightening the screws…. You need a good screening process to give licenses to good people and have strict boundaries… It is ironic that the ADR shareholders of Satyam have been compensated but the Indian shareholders have got nothing. Isn’t it a shame that for a crime committed in India, the compensation is paid in the US? Our regulators, judicial system should be ashamed of it.

Sandeep Singh: Since you bring market intelligence to the table, has there been any discussion within the government on crypto currency?
I believe regulators are working on it. There will be some regulation. Cryptocurrencies are becoming too big to ignore now. It is more of a semi-urban and rural phenomenon. In Tier 2 towns, it’s spreading like wildfire. I am not qualified enough to say if crypto is a fraud or not… who knows, it may be the future and we are early entrants. So why not regulate and make people aware that this is high-risk, high return? So that tomorrow if it goes out of hand, it does not jeopardise many investors.

George Mathew: The RBI Governor recently spoke about the need to tighten the auditing process. His observations came after three major financial groups collapsed in the last 2-3 years. Do you think the auditing process is weak in corporate India, especially the financial sector?
This malaise is not only in the auditing profession. For an investor, there are six layers of protection. The first is the management… If you look at the Bernie Madoff scandal — that was a US $60 billion scandal, but the actual money was $18 billion. Out of that, Irving Picard (a court-appointed trustee for the liquidation of Bernard L Madoff Investment Securities) recovered $16 billion. How did he recover? Madoff’s, his wife’s, son’s every piece of property was sold — shares, bonds, investment, personal items, everything… Madoff had to submit any spending above $100 to Picard… Now look at the cases in India. You have to go after the management… that’s not happening here. Then comes the Board of Directors. But how many are discharging their job? Then comes the auditor. Now there are a few very good auditors. In the pre-90s, Y H Malegam refused to sign the balance sheet of a leading textile company. How many such CAs have we seen? Very few. Then comes the rating agencies. The rating agencies which gave AAA rating to Dewan Housing Finance Limited have a lot of introspection to do. Then comes the investors. Our jobs is to keep the management and companies on their toes on good governance. Finally come the regulators and judicial authorities. All of them have to work together to ensure good governance.

Sandeep Singh: While there’s optimism over the future, over the last one and a half years, there have been a lot of job losses. MSMEs lost businesses to listed companies. What’s your prescription for a more inclusive growth?
Let me give you the example of when SMEs have worked well. You would have heard of Morbi, a town in Gujarat. There was a dam burst in the 80s and the entire town was flattened. Then Morbi started coming up by making tiles. They initially used coal to make tiles, but the pollution levels rose and the HC ordered that they switch to natural gas. But that switch from coal to natural gas meant that the entire industry became formalised — unlike coal, natural gas couldn’t be bought in the black market. Then, the units there began focusing on improving quality. With LPG or CNG burning, you will know how many tiles you have produced. Then they focused on quality, on economies of scale. Some focused on becoming contractors, some on the export market. Today Morbi exports 7,000 crore worth of tiles. There was a fear that Chinese tiles would invade the market; instead, they compete with China in the Middle East etc. All this happened because you formalised MSMEs. From tiles, Morbi moved to clocks. World’s largest clock manufacturer Ajanta is based in Morbi. Then, calculators… Orpat is a Morbi-based company. This is the model for us. Another such model is Tirupur in Tamil Nadu… How do we ensure formationalisation of MSMEs? When you are evaluating MSMEs, you have to allow market forces to work.

A corollary to that is Amul, which brought millions of farmers on a formal platform. Now that is a cooperative model, while Morbi is a private model. Sitting in Delhi, I can’t decide the model to revive MSMEs. Market forces at the local level will have to do what is right for the industry.

Sunny Verma: We saw the US taper tantrum in 2013 and saw how the jerky policy announcements impacted markets. Now people have been saying the impact of such a tantrum on emerging markets could be 10 times what it was then.
People become wiser from experience. What happened in 2013? Ben Bernanke talked about taper tantrum to warn markets. That warning itself created a correction in the markets because some people panicked. All those people who sold in 2013 became wiser because when the taper tantrum actually began, there was no correction. In fact, markets went up. All those people who bought despite Ben Bernanke warning, will buy 10 times what they bought then because they made a lot of money. So will people be as stupid as in 2013? No. Secondly, in 2013, India was dependent on FPI to a much more extent than what it is today. Third, in 2013, China was competing with India to collect FPI inflows. That’s no longer the case. More importantly, if the taper tantrum starts at 21,000 Nifty, of course there will be correction, but what if it begins at 15,000 Nifty? There’ll be no effect then.

Sandeep Singh: You spoke of certain changes in India over the years when it comes to economics, inflation, infrastructure. Have these set off any changes in the political economy?
By and large, most parties are focused on economic issues. But unfortunately, Opposition parties and the ruling party may have a stand on a particular issue, but when their roles reverse, they also change their stand. For instance, Air India should have been divested when it had a monopoly over the Indian skies. We would have got some much more money if it had been divested then. Similarly, MTNL-BSNL. How to make decisions that make economic sense? That’s our biggest challenge. This political process has to evolve. We as citizens also have to realise that there will be short-term pain for long-term gain. Mis-allocation of capital is the real challenge.

Sandeep Singh: We hear of a lot of Centre versus state issues. How do you look at this?
The states and the Centre have to work together, there is no choice. We are a federal structure. If the Central government opens the door… right now, we have this great opportunity of China Plus One. Because of Wuhan, because of China’s acrimony with others, every country that has a base in China is looking to diversify. All the countries in the world, including India, are chasing that investment. Even if the Centre makes this image of the country, invites manufacturers to be in India, builds highways, builds dedicated freight corridors, at the end of the day, the factory will be run in the state jurisdiction. The local administration will have to support it. Then we will be able to capture this China Plus One. If we don’t work together, the opportunity will be missed like in 1980.

Sandeep Singh: Do you see rising commodity prices as a threat to growth?
Commodities are a cycle — they go up and down. I have to create an economy that’s insular to commodity price movement. Today, India has moved in that direction. Our IT exports are more than Saudi Arabia’s oil exports. Our remittances plus software combined gives us an edge to manage rising commodities prices. As oil prices go up, there is an impact on the economy, undoubtedly. But by pushing my IT exports, remittances, I can neutralise it to an extent.

Shubhajit Roy: You spoke about people and economies becoming wiser with experience. With the benefit of hindsight, how would you look at demonetisation?
Demonetisation had its positive and negative effects. The negative effects were felt on MSMEs. But the positive effect was on digital adoption as a lot of payment models evolved. Now one intended benefit of demonetisation didn’t come through, not because the government failed, but because citizens failed. When demonetisation happened, we hoped people would not put the black money into their accounts, that they’ll take the hit on their balance sheet.

Unfortunately, people found many ways to convert black money into white and deposited that bank into the banking system.

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All you wanted to know about tax relief on capital gain

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A phone call between two friends, getting ready to file their income tax returns, leads to a conversation about capital gains relief on sale of residential property.

Akhila: Hey Karthik, how was your Diwali?

Karthik: Great. I, along with my family members celebrated Diwali in our new house that we purchased a few days ago.

Akhila: Super.

Karthik: We bought this new house with the proceeds from the sale of our old house in RK Nagar early this year. I was, in fact, about to call you to check on the tax implications of this as this has to be reported in the ITR for FY20-21 (AY 21-22).

Akhila: Since you owned the old house for more than three years, gains on selling it will be categorised as long term . But since you bought a new house with those proceeds, your capital gains would be tax exempt.

Karthik: Yes, I heard something like this. Give me more details.

Akhila: An individual is eligible for relief on capital gains tax on sale of a residential property if s/he has purchased another residential property in India, one year before or two years after the date of sale of old property. The relief is also extended if a new residential property is constructed within next three years.

Karthik: Ok. Since I bought my new house within two years, I tick the box of eligibility.

Akhila: Right. If the capital gains amount is equal to or less than the cost of the new house, the entire capital gain will not be taxed.

On the other hand, if the capital gains amount is greater than the cost of the new house, the difference between the two will be charged to tax (LTCG at 20 per cent with indexation benefit).

Karthik: Ok. I have to work out my capital gains amount considering the indexation.

Akhila: Remember, if your capital gain amount is less than two crore rupees, you can utilise the amount to purchase or construct two (not just one) residential houses in India and still be eligible for capital gains tax exemption.

Karthik: I understand. Exemption is one thing I really like in Income Tax and this capital gains relief tops the chart.

Akhila: You bet!

Karthik: Are capital gains on any other assets eligible for an exemption like this?

Akhila: Yes! Section 54 to section 54G provide relief on capital gains earned on more than ten transactions such as sale and purchase of an agricultural land, investment of capital gains on any long-term capital asset in specified securities, and investment of capital gains from sale of land or building in 54EC bonds.

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HNIs can invest into REITs/InvITs, says Sameer Kaul of TrustPlutus Wealth

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India is home to over 2.5 lakh high networth individuals (HNIs) and about 7,000 ultra HNIs (UHNIs). Known for their higher risk appetite, these affluent investors dabble in different asset classes and product offerings. Sameer Kaul, MD & CEO of TrustPlutus Wealth (India), a wealth management firm focussed on HNIs and UHNIs, in an interview to BL Portfolio shares his insights on the changing investment landscape for HNIs.

Traditionally, HNIs have relied on a mix of equity and debt investments. How has this changed today?

Over the years, many new investment options have been added for HNIsin India, outside of vanilla mutual funds and stocks. For instance, HNIs can now invest in Sovereign Gold Bonds/Gold ETFs, they can take exposure to real estate through Real Estate Investment Trusts (REITs) or real estate linked debentures.

Infrastructure Investment Trust (InvITs) are an attractive vehicle to invest in infrastructure assets and the Liberalized Remittance Scheme (LRS) and rupee denominated fund of funds are an attractive way to diversify the portfolio. Last but not the least, ideas such as pre-IPO investments, venture debt, private equity and hedge funds are also finding takers from within the HNI community.

Many HNIs are taking to exotic asset classes. Do poor liquidity, lack of proper regulation, amongst various other negative factors not deter them from investing in exotics?

Investors should always evaluate each investment from the point of view of potential return, associated risk and liquidity. Investments into so called exotic asset classes such as private equity can be pursued subject to setting a cap in the overall asset allocation so that the long duration nature of such products and the lack of liquidity does not create challenges for the investor in terms of their overall investment objectives. Many investment options can work out in the favour of an investor as long as adequate due diligence is done, investment is in line with the asset allocation and the investor is comfortable with the risk profile as well as the lack of liquidity associated with such investments.

The stock market has risen unexpectedly. What does this mean for UHNIs and HNIs?

While the vibrancy in the stock markets may seem unexpected at first, the key drivers that have helped generate stellar returns in equities are low interest rates, high systemic liquidity, fast recovery as a result of reopening driven by higher vaccination rates and high expected growth rate in profitability. That said, UHNIs and HNIs should continue to be disciplined in their investments by adhering to their long term asset allocation and rebalancing their portfolio periodically so as to ensure that they are not over exposed to a particular asset class.

For fixed income investments, what approach do HNIs take? What are the avenues they us to emulate fixed income risk and return experience?

As far as fixed income is concerned apart from mutual funds, we do actively recommend to investors to invest into REITs/InvITs, take bi-lateral counter party risk through market linked debentures (MLDs) and invest into AT1 bonds issued by the highest rated banks.

For retail investors, tax efficiency is often a big draw, for instance ELSS. What are the most tax-efficient investment strategies for Indian HNIs?

Mutual Funds are the most tax advantaged legal vehicle as long as the holding period is long term in nature. HNI investors can also consider buying tax-free bonds if they are not a part of the portfolio. REITs are also tax advantaged, where return of capital (amortization of debt) is tax exempt and dividends are also tax exempt for the unit holder if the REIT has not opted for the new tax regime.

Has the advent of real estate AIFs and realty private equity funds helped strengthen HNIs’ love for realty?

HNIs are always attracted to products where the underlying is real estate. While real estate funds as well as exposure taken bi-laterally on real estate issuers were popular in the past, some of those investments have turned sour and investors have had to resort to litigation to recover their dues. There should be a place for real estate in the portfolio and investors should gauge the return expectations, risk profile and liquidity challenges before making fresh investments in this asset class. HNIs are taking part in real estate investments in fractional investment mode through REITs and we feel this will become an attractive investment option over a period of time.

Portfolio Management Services (PMSes) are touted as being better for HNIs compared to mutual funds. But is the convenience of custom building a long-only portfolio and owning shares directly in one’s demat account worth going for PMS? Unless it’s under-researched small-caps, does having exposure to PMS make sense for HNIs?

We do not believe that PMSes are better or worse than MFs. Both have a place in client portfolios. Mutual funds by design are more diversified in their portfolio construct while PMSes can take more concentrated bets. We encourage clients to take benefit of style diversification across managers and the same cannot be achieved by investing only in MFs or PMSes but by investing in a combination of both.

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Under fire, IndusInd Bank begins review of microfinance subsidiary

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Private lender IndusInd Bank has initiated an independent review of its microfinance arm Bharat Financial Inclusion Ltd (BFIL) to see if there was any process lapse or accounting failure after a complaint by a whistle blower.

“Should there be any need, the Bank will immediately take corrective action as appropriate and keep all the stakeholders adequately informed. The Bank has been following a conservative provisioning approach and reiterates that there is no change in the credit cost estimates including that in the micro-finance business,” IndusInd Bank said in a statement.

A group of senior officials at BFIL, a micro-finance lender, has alerted the Reserve Bank of India (RBI), IndusInd Bank CEO Sumant Kathpalia and independent directors of the bank of ‘misgovernance and lapse of accounting norms to evergreen loans’ since the pandemic.

Denies ever-greening charge

IndusInd Bank said its subsidiary disbursed nearly 84,000 loans without customer consent due to a technical glitch, even as it denied allegations of ever-greening of loans. It underlined that there is a strong risk management and control framework in place, both within the bank and at BFIL. “Due to a technical glitch in May 2021, nearly 84,000 loans were disbursed without the customer consent getting recorded at the time of loan disbursement. This issue was highlighted by the field staff within two days and the technical glitch was rectified expeditiously,” the lender said.

Of this, only 26,073 clients were active with the loan outstanding at ₹34 crore, which is 0.12 per cent of the September-end portfolio. “The bank carries necessary provision against this portfolio,” it said, adding that the Standard Operating Procedure has since been revised to make biometric authorisation compulsory.

Refuting allegations of “ever-greening”, it further said that all the loans originated and managed by BFIL, including during the Covid period, are fully compliant with the regulatory guidelines.

About 82 per cent of the BFIL serviced customers are in rural and deep rural India. All loans disbursed by BFIL are through biometric authorisation of the customers, except those disbursed due to the technical glitch, it further said, adding that in October 2021, nearly 100 per cent of the loan disbursements were in the bank accounts of the customers, as in pre-Covid time.

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EPFO meet to discuss hike in minimum pension

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At the next meeting of the Central Board of Trustees (CBT) of the Employees Provident Fund Organisation (EPFO) scheduled later this month, increasing the minimum pension for the subscribers of the pension fund is the key agenda.

While the Central Trade Unions have demanded a hike of up to ₹6,000 from the current ₹1,000, the CBT may take it up to ₹3,000. The controversial issue of investing the EPFO money in private corporate bonds may also come up in the meeting. The CBT may also discuss the issue of the interest rate for the fund for 2021-22.

‘Against pensioners’

“We expect that the CBT may decide to increase it to ₹3,000,” a CBT member told BusinessLine. The Labour Standing Committee had recently recommended the Centre to increase the minimum pension to ₹3,000. However, a trade union representative said they do not expect much progress on this. “The Centre has been delaying the decision. The attitude of the Centre is against giving anything to pensioners and workers,” the TU leader said.

There are indications that the present interest rate of 8.5 per cent will continue for the money deposited in the EPF. “We were having an interest rate of 12 per cent earlier. We have been asking the Centre to restore it. But they brought it down to 8.5 per cent,” a Trade Union representative in CBT said.

A source in the Labour Ministry, however, said that there may not be any change in the current interest rate. The EPFO and the Finance Ministry have been urging the CBT to permit investment of money in the EPFO in various infrastructure bonds. At the moment, the money is invested in the exchange-traded funds (ETF) of the PSUs.

“The Centre was seeking permission to invest the money in private corporate bonds. It wants the CBT to look at the possibility of such investments on a case-to-case basis,” a member said. The CBT is likely to discuss the Centre’s request for removing the restriction on investing in private sector bonds. The agenda may also include permitting the Financial Investment Committee to invest in private bonds approved by the Finance Ministry. The meeting was scheduled to take place on November 16. But it has been postponed.

“The final agenda is not ready yet. We will hold a meeting in November itself,” a Labour Ministry official said. The last meeting of the CBT was held in Srinagar in March. The CBT recommended an 8.5 per cent annual rate of interest to be credited on EPF accumulations in members’ accounts for 2020-21. The Finance Ministry approved the proposal recently.

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I-T department probes into alleged irregularities at Urban Credit Cooperative Bank

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The Income Tax Department has started investigations into alleged irregularities at Urban Credit Cooperative Bank located in Maharashtra. The tax department said more than 1,200 new bank accounts were opened by the bank without the Permanent Account Number (PAN).

The investigations have revealed that these bank accounts were opened without following KYC norms and all account opening forms were filled in by the bank staff and they have put their signature/thumb impressions.

The tax department carried out search and seizure operations on October 27 at the headquarters and one of the branches of the bank. The residence of the Chairman and one of its directors were also covered.

The analysis of bank data on Core Banking Solutions (CBS) and the statements of key persons recorded during the search operation have revealed the glaring irregularities in opening the bank accounts.

In these accounts, multiple cash deposits each of exact denomination of ₹1.9 lakh, were made totalling to ₹53.72 crore. Out of these, more than 700 bank accounts have been identified which were opened in series, where cash deposits of more than ₹34.10 crore were made within 7 days of opening of bank accounts, mainly between August 2020 and May 2021.

These deposits have been structured to avoid mandatory PAN requirement for cash deposits over ₹2 lakh. The money was subsequently converted into fixed deposits in the same branch.

Local enquiries in few cases of such account holders, have demonstrated that these persons are not aware of cash deposits in the bank and categorically denied any knowledge of such bank accounts or even the fixed deposits.

“The Chairman, CMD and the manager of the branch, could not explain the source of cash deposits and accepted that these were done at the behest of one of the directors of the bank, who is a prominent local businessman engaged in trading of grains,” the Income Tax Department said in a statement.

On the basis of evidence gathered and statements recorded, the entire amount of ₹53.72 crore has been restrained.

Further investigations are in progress.

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Tax Query: Are brokerage, GST, STT taken into account when calculating capital gains?

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Kindly let me know with suitable examples whether brokerage, GST, STT and other charges are to be included/excluded in/from purchase/sale price of equity shares for computing capital gain (for shares both purchased before and after 31/01/2018). What is the purchase price for bonus shares for computation of capital gain? Note all these are non-speculative income.

Arun Bhowmik

As per the provision of section 48 of the Income-tax Act, 1961 (Act), following are eligible to be deducted from the full value of the consideration received to compute capital gains: a) expenditure incurred wholly and exclusively in connection with such transfer; b) cost of acquisition of the asset and the cost of any improvement thereto. Based on the above, cost of acquisition may include amount of brokerage, GST, and other charges incurred specifically in relation to such purchase of such capital assets. Similarly, any expenditure incurred wholly and exclusively in connection with the transfer of asset is also deductible from the full value of sale consideration to arrive at net sales consideration. However, as per proviso to section 48 of the Act, deduction in respect of any Securities Transaction Tax (STT) is not allowed while computing capital gains. Accordingly, brokerage, GST, and other charges paid while acquiring the capital asset can be included in the cost of asset and also deductible from the sale consideration if incurred at the time of sale of such asset. Any STT paid at time of acquisition or at time of sale is not included in cost/ deductible from the same consideration.

Sale price = (100*250) = ₹25,000; Less: Purchase Price = (100*200) + (100*200) * 0.01% + 40 = ₹20,042; Less: Expenses exclusively in relation to transfer = (₹25000*0.01%) + ₹40 = ₹42.5. Hence, net capital gains = ₹4915.5

Bonus shares: As per the provisions of section 55 of the Act, where an individual is allotted any additional financial asset without any payment (i.e. bonus shares), cost of acquisition shall be computed: a) If such shares were allotted before April 1, 2001: cost to the assessee or the Fair Market Value (FMV), as prescribed, of the asset on the April 1, 2001, at the option of the assessee; b) In any other case: nil

Accordingly, for the purpose of calculating capital gains, the cost of acquisition for the bonus shares would be considered as FMV (as prescribed) if allotted prior to April 1, 2001 and nil if allotted post April 1, 2001.

The writer is a practising chartered accountant

Send your queries to taxtalk@thehindu.co.in

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What is new in Form 26AS and how it impacts taxpayers

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Form 26AS was initially introduced as a tax credit statement, containing details of taxes deducted from the income of taxpayers (TDS/ TCS), advance tax or any self-assessment tax paid by the taxpayers or income tax refund received during the financial year.

The Budget 2020 proposed to extend the mandate of Form 26AS and make it more comprehensive, with detailed information about the taxpayer’s tax profile. Consequently, the tax department, in May last year, updated Form 26AS to provide details of pending/ completed income tax proceedings, status of income tax demand and refund along with details of specified financial transactions undertaken by taxpayer during a financial year (such as share purchase, property purchase), etc. to the taxpayers in a single form.

New additions

Once more, the scope of Form 26AS, also known as Annual Information Statement (AIS), has been expanded to incorporate 8 new particulars, including foreign remittances, interest on income tax refund, off-market transactions, dividend income/ purchase of mutual funds, detailed breakup of salary and information from Income Tax Return (ITR) of another person.

Notably, such information was already being captured by the tax authorities from authorised dealers, registrar, depositories, transfer agents etc. For instance, every authorized dealer making a payment to a non-resident is required to furnish statement of such payments in Form 15CC to the tax department. Likewise, depositories and transfer agents are obligated to report off-market transactions of account holders, which may include legacy transfers, gifts, transfer of shares between two demat accounts, shifting of securities between a client and a sub-broker and transactions in unlisted securities.

Tax authorities also get information about financial transactions of persons by way of declarations in other taxpayers’ ITRs. For instance, seller of a property is required to furnish particulars of buyer. Such information obtained from the ITR of another person shall be made available in the revised AIS. Additionally, complete break up of salary including allowances, deductions/ exemptions claimed, their income from other sources and house property and the final tax liability so deduced by the employer shall also form a part of AIS. For the time being, the AIS shall be accessible on the e-filing portal as well as the TRACES portal.

Implications and benefits

The additions to the information list will help both taxpayers as well as tax authorities in assessing a taxpayers’ data and effectuate better flow of information between taxpayer and tax department.

For taxpayers, the collation of almost all tax-related information/reportable transactions at one place will accelerate and facilitate ease while filing income tax returns.

Further, the revised form shall also be of significance for stakeholders such as banks/financial institutions/customers/buyers while exercising due diligence and ensuring the credibility of the corporate/person they are dealing with.

It shall also help taxpayers identify any errors or inaccuracies, if any, and take timely remedial action. Notably, this time a facility of feedback has been instituted, where taxpayers may report any incorrect particulars noticed in Form 26AS.

The reported value and value after feedback shall be shown separately in the AIS. The reporting entity (like the depositories, authorised dealers, etc.) may be contacted if the request is denied. Moreover, a simplified Taxpayer Information Summary (TIS) shall also be made available to the taxpayers, which shall derive information from the taxpayer’s feedback and shall be used for pre-filling of ITRs. Simply put, taxpayers may review AIS and provide feedback if the information reflected therein needs modification. This shall lead to real time changes in the TIS, which may be used for filing the ITR. This is in line with the department’s commitments in the Taxpayers’ Charter, to treat the taxpayers as ‘honest’ unless there is a reason to believe otherwise.

Tax base widens

The government recognises the fact that tax disputes and assessments infuse fear in the minds of the taxpayers. It has therefore been trying relentlessly to simplify tax procedures and build a taxpayer-friendly tax regime.

Facilitating tracking of transactional and tax information at the state of reporting stage itself, shall help minimise incongruities/ omissions, which is a prime reason for scrutiny assessments and shall lead to saving of time, costs and hassle at the assessment stage. With knowledge of the fact that the taxman already has information about the taxpayers, they shall be discouraged to suppress material information, thereby widening the tax base.

Since the inception of the scheme of ‘Transparent Taxation’ the tax department has taken commendable steps like simplification of ITR forms, faster processing of refunds, reduction of unnecessary litigation, etc.

The availability of complete and accurate information for fulfilling compliance obligations under law, adds strength to the government’s efforts of providing a seamless, painless and faceless tax administration.

The author is Director, Nangia Andersen LLP (with inputs from Vasudha Arora)

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Indian companies skip China expo, BFSI News, ET BFSI

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New Delhi, Even as more than 3,000 global businesses from over 120 countries and regions are keenly showcasing their products and services at the China International Import Expo (CIIE) in Shanghai and eying potential business deals, no Indian company is listed as participant in the world’s largest fair that focuses on imports, the Global Times reported.

India’s absence from the event that kicked off on Thursday, for unclear reasons, also contrasts with robust growth in China-India bilateral trade this year, a trend that is increasingly irresistible for the South Asian economy despite its growing political hostility toward China, experts said, as per the report.

The number of Indian companies that attend the CIIE has been decreasing progressively in recent years and dropped to zero at this year’s CIIE, according to an official catalog of participants for the event.

The catalog of 4th CIIE exhibitors displayed at the exhibition halls showed that no Indian company is listed. A search for Indian exhibitors in the expo’s digital catalogue, presented on the CIIEs’ official website, also showed no results.

At the second CIIE, India was one of the 15 guest-of-honour countries.

The Global Times then saw around 10 small Indian pharmaceutical firms displaying their products at one of the expo venues. The booths were also crowded with visitors who asked about those products.

Last year, the Global Times only found three Indian companies at the CIIE, one of which was a manufacturer of gift products.

While lingering tensions between the two countries might leave a trail of clues, there are no clear answers to India’s shrinking profile at the major import expo, observers said.

Border disputes and New Delhi’s intention to follow in the US’ footsteps could by no means suppress India’s reliance on a variety of Chinese goods such as auto parts and various small commodities, Wang Dehua, a senior South Asian affairs expert in Shanghai, told the Global Times on Thursday.

In the first three quarters of 2021, China’s trade with India soared 49.3 per cent to $903.75 billion, according to Chinese customs data.

The strong reading is believed to have paved the way for bilateral trade to top $100 billion for the first time, achieving a target the two countries set in 2010, the report said.

FILE PHOTO: Chinese President Xi Jinping is seen on a giant screen at a media centre as he delivers a speech via video at the opening ceremony of the China International Import Expo (CIIE) in Shanghai, China November 4, 2021. REUTERS/Andrew Galbraith/File Photo



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How good is ICICI Lombard’s new OPD and wellness rider?

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ICICI Lombard recently launched a new OPD (outpatient) and Wellness rider, ‘BeFit’. The add-on aims to provide 360-degree support outside of in-patient healthcare, including preventive healthcare, wellness, home healthcare.

While other insurers too offer such covers, this product includes everything that can be of interest to customers looking for a comprehensive OPD solution. BeFit can be added to any of your existing health insurance plans from ICICI Lombard to complement basic health insurance.

Outpatient charges include fees for doctor consultations, pharmacy and diagnostic charges and expenses on treatments that require hospitalisation for a day. The frequent and non-critical nature of the charges keep them out of coverage in basic health insurance policies. Home healthcare, to manage basic health ailments from the comfort of home, is also excluded under basic health covers.

Product offering

ICICI Lombard’s BeFit has integrated its services across physicians, diagnostics, wellness coaches and consultants on a single interface available on ICICI Lombard’s IL Take Care mobile application. The add-on can provide access to consultation with doctors, either physically or virtually across a network of around 11,000 doctors across 20 specialities present in 20 cities, to begin with. The plan also offers counselling on health issues, which extends to psychiatric and mental health as well. Diagnostics and pharmacy benefits are also included in the rider with a network of around 1,000 diagnostics and pharmacies, along with home delivery in cases where applicable. The cover also allows for minor surgical procedures on day-care basis, but available across other health insurers.

The rider also provides health management and wellness programmes. While the former is optional for customers, it is necessitated by the plan, upon diagnosis of lifestyle or adverse health conditions. It includes health management programme with a personal health coach, diet and nutrition consultants to monitor and improve the health of the insured. The wellness programme is non-intervening and is supposed to incentivise healthy behaviour with reward points that translate into a discount on premium renewal or other services. Health management rewards and wellness rewards accrue over a period with each point equivalent to 25 paise.

Cashless and wide range of options

The pricing of the rider ranges from ₹297 to ₹6,558 with a total of six different options. The inexpensive plan offers virtual consultations and other services such as counselling, ambulance assistance, preventive care, well-being, and health management programmes. These are available across price ranges. The highest plan offers physical and virtual consultations, pharmacy and diagnostics services of up to ₹5,000 per year, and physiotherapy sessions as well.

As the network of doctors, diagnostics, pharmacies and other professionals/services is present in the BeFit network, the cashless settlement feature gains prominence. OPD covers from other insurers also offer cashless benefit, but a network dedicated to OPD is key for getting benefits.

How it compares

For other insurance providers, OPD specific covers are built into specific plans. While basic health insurance provides a sum assured of ₹5 lakh for an average premium of ₹12,000 per year, OPD-specific policies are available at yearly premium of ₹12,000 to ₹16,000 per annum.

Max Bupa Go Active health insurance offers OPD charges of up to ₹1,500 per year as the basic feature of the policy. With an add-on for ₹2,459, a wellness cover can be purchased, which provides a discount of 20 per cent on yearly premiums on meeting your health goals. Universal Sampoo general insurance health plan offers OPD cover of ₹5,000 per year. Similarly, Star Comprehensive and Manipal Cigna Prohealth, offer OPD covers of ₹1,200 and ₹500 per year respectively. Health check-up is offered by these plans but with different conditions; once every year with Max; up to ₹2,000 per year with Star and up to 1 per cent of sum assured with Tata AIG Medicare. Most health insurance policies offer pre and post hospitalisation care, as it is seen as an extension of in-patient treatment continuum.

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