Corporate and Economic Laws: Final

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VOL 25 NO.

8 PAGES 36 JANUARY 2022 50

FINAL
Corporate and
Economic Laws

INTERMEDIATE
Income-tax
Law
FOUNDATION
Business
Economics
CONTENTS

Editorial Board INSIDE


President and Editor-in-Chief 03 President’s Communication
CA. Nihar N Jambusaria, Mumbai
04 Chairman’s Communication
Chairman and Editor
CA. Jay Chhaira
05 CA Final: Corporate and Economic Laws
Director- Board of Studies
CA. Vandana D. Nagpal 15 International Conference of CA Students

Editorial Support
Dr. Ruchi Agarwal, Deputy Secretary
21 CA Intermediate: Income-tax Law

OFFICE 31 CA Foundation: Business Economics


Board of Studies
The Institute of Chartered
35 News Updates
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02 January 2022 The Chartered Accountant Student


PRESIDENT’S COMMUNICATION

My Dear Students,

A
t the outset, I would like to extend my heartiest wishes to National Talent Hunt for CA Students
you all for a wonderful and prosperous New Year 2022. I To enhance the skill sets and development of the overall
am quite sure that in the New Year, our student fraternity personality of the students, Institute is organising the Debate
will scale further new heights of success in all their endeavours. Competition & Presentation (PPT) Competition at National
I feel proud that in each passing year, our Institute is growing Level for CA Students in the month of January 2022 at Siliguri.
and gaining strength in the arena of accounting education and The Branch level winners will compete in the Regional Level and
profession. Together, we all shoulder a far greater responsibility then winners of Regional Level shall compete at the National level.
to retain the core values of accounting profession. I believe that It is a matter of pride for all of us that the winners of Elocution
the New Year is the most suitable time for all of us to resolve Contest at National Level organised by ICAI earlier bagged the
that we will continue to serve the society with utmost sincerity, winning position & 1st Runner Up position in the SAFA Quiz
honesty and dedication thereby contributing to the overall and Elocution Contest, 2021. My heartiest congratulations to
development of our nation. I also extend my best wishes on the the winners. Such type of programmes and competition helps in
occasion of the 73rd Republic Day of our beloved motherland. shaping the persona, confidence, oratory skills and other skill sets
The celebration of this day instils such a patriotic fervour that of the students which are the need of the hour. Don’t let your fear
truly reflects our unity amongst diversity. of failing triumph over the joy of participating- Marilyn Monroe
Board of Studies: A Holistic Mentor In the current issue, integrated capsules have been featured based
The Institute is very sensitive to the needs of its students. Currently, on Paper 4: Corporate and Economic Laws for Final, Paper 4A:
more than one lakh seventy thousand students have installed the Income-tax Law for Intermediate and Paper 4 Part1: Business
BoS Mobile App, which is a one-stop solution to get all learning Economics for CA Foundation. These entail summarised content
material with a single click, such as all educational contents, live in a comprehensive visual format for swift revision.
and recorded classes, online MCQ assessment, downloadable
notes and assignments, etc. Students also get updated about
Hard Work- The only Success Mantra
important announcements via push notification as well. It is a fact that you are the only person who is responsible for
your success and the quality of the life you live. If you want to
We have recently uploaded updated study material for
be successful, you have to take over 100 per cent responsibility
Foundation, Intermediate and Final level students who will be
for everything that you experience in your life. Hard work and
appearing in May 2022 exam and onwards. This material is
determination are the only keys to get success. If you follow this
available on the BoS Knowledge Portal and the hard copy of
success mantra, one day or other, you also reach the pinnacles of
the same is available on CDS Portal. Live Coaching Classes for
success in life.
students appearing in next round of Final, Intermediate and
Foundation examination have also been started recently. The lock in which success is locked opens with two keys.....
One hard work and second determination.
International Conference for CA Students With disruptions and learnings adapted to the changing
The Institute is organising the International Conference for environment due to Covid-19 pandemic, the year of 2021
CA Students at Kolkata (Biswa Bangla Auditorium) on 29th has been quite fruitful, as a lot of commendable changes and
- 30th January, 2022 (Saturday and Sunday). The theme of developments have been done by the Institute.
the Conference is ‘AIM, ACT, ACHIEVE’. Eminent Speakers, Hoping for more excellent work in 2022, with more commitments
dignitaries and students from all over the country and other and more challenges. Wishing you all a very happy and a
parts of the world will meet under one umbrella. There will be prosperous New Year 2022.
an exchange of knowledge with vast experience sharing with the
dignitaries and distinguished speakers. I urge the students to
utilise this opportunity and participate in the Conference. I am
sure that the Conference will be a learning experience for all of
you as it is a platform where you get to connect with eminent
speakers and fellow Chartered Accountant Students. CA. Nihar N Jambusaria
PRESIDENT, ICAI

The Chartered Accountant Student January 2022 03


“The handicap of deafness is not in the ear; it is in the mind.” - Marlee Matlin
CHAIRMAN’S COMMUNICATION

My Students,

I
extend my warm greetings for “A very happy, prosperous and app has been made operational which enables students to navigate
successful New Year – 2022” to all of you, our faculty, and the other student related portals. Currently, more than one lakh seventy
entire member fraternity through the first edition of Students’ thousand students have installed the mobile app and two thousand
Journal in the year 2022. I wish that the year 2022 brings to you five hundred plus queries have been resolved.
the best of results in all respects. The batch for students intending to appear in June 2022 examination
The beginning of the New year 2022 is opportune for you all to at Foundation Level has commenced from 8th December, 2021.
commence with visionary agility and setting your goals with clarity, The students who have not yet downloaded the ICAI Mobile App may
optimism, and happiness. You must gear up yourself with persistent download the same from Google Play Store for Android smartphones
and dedicated efforts to emerge successfully as rightly said by eminent and Apple Store for iPhones and can further register themselves on
soccer player Pele that “Success is no accident. It is hard work, the App for all the BoS contents.
perseverance, learning, studying, sacrifice and most of all, love of
what you are doing or learning to do.”
Capsule Insights
The highlight of this issue is a comprehensive Capsule based on
Therefore, all that you need is to dream big for your future and work
Paper 4: Corporate and Economic Laws for CA Final, Paper 4A:
vigorously towards achieving it. Keep in mind that successful Chartered
Income-tax Law for CA Intermediate, and Paper 4 Part 1: Business
Accountants of future will be those who see the qualification as the
Economics for CA Foundation. It comprises major concepts,
beginning point and not the end for their professional education and
concisely crafted and presented using illustrations, diagrams and
development.
flowcharts thus making it a perfect single reference point for revision.
BoS – Your Mentor I also express my best wishes on 73rd Republic Day of our beloved
BoS believes in hand-holding of its students in all strides of their motherland – a day to remember with gratitude the enormous efforts
journey to become Chartered Accountants. While planning and and sacrifices of millions of freedom fighters whose blood and sweat
preparing for your forthcoming examination, give equal weightage to gave us Independence and created our Republic. The Republic Day
all the subjects consistently. Besides preparing for your exams, practice not only reminds us of our rights but also our duties towards our
yoga to keep good health and read newspaper and motivational stories nation.
regularly. I would once again wish you all a fantabulous year ahead by concluding
Mobile APP – ICAI-BOS from a famous quote of Sadhguru that “For a committed person,
You are very well aware that the mobile app ‘ICAI BOS’ is one there is no such thing as failure – just lessons to be learned on
stop solution for your learning. The Batch 4 of free Live Coaching the way.” If you think big and act in time with conviction, your efforts
Classes (LCC) for students appearing for CA Intermediate May 2022 will pay off no matter you stumble here and there during the journey.
examination and CA Final May/November 2022 examination has All the best for your future endeavours!!!
already commenced from October 2021 and the same can be viewed Stay safe, stay healthy.
live from the mobile app. The Board of Studies has made operational
the feature ‘Previous and Current Batch Recorded Lectures’ in its
mobile app to enable its students to view the lectures of last conducted
batch of LCC.
The feature ‘Ask Your Query’ enables students to submit their
subject-specific academic queries to the Faculty of Board of Studies
(Academic) and receive the replies at the earliest possible or latest
by 72 hours. Various BoS resources are available online on mobile
app of ICAI BoS and the hard copy of the same are available at CDS.
Latest announcements are being sent through push notifications in CA. JAY CHHAIRA
the mobile app as well. Also, the feature ‘Other Portals’ in the mobile CHAIRMAN, BOARD OF STUDIES (ACADEMIC)

04 January 2022 The Chartered Accountant Student

“The only way to discover the limits of the possible is to go beyond them into the impossible.” - Francis of Assisi
CORPORATE AND ECONOMIC LAWS
CA FINAL - PAPER 4 - CORPORATE AND ECONOMIC LAWS
At the Final level, for the Company Law portion of the subject “Corporate and Economic Laws” involves conceptual understanding,
analysis and application of provisions of the Companies Act, 2013 to solve application-oriented issues. This subject is very
dynamic on account of the amendments on the regular basis.
In this capsule for students, an attempt has been made to comprise the significant provisions of the Companies Act, 2013
covered under Chapter 1 and Chapter 2 of the Part I –Section A of the Corporate Laws. These Chapters are very important from
examination point of view. You students are advised to read the October, 2021 edition of the Study Material with relevant RTP for
a thorough understanding of the relevant provisions and the related amendments of Companies Act, 2013. This capsule will be
giving a quick glance to the significant provisions of the said chapters and illustrative case scenarios followed by MCQs to hone
your application skills. This capsule on Final Paper 4: Corporate and Economic Laws is intended to assist you in the process of
revision of concepts discussed in the Study Material.

CHAPTER 1: APPOINTMENT AND QUALIFICATIONS OF DIRECTORS


(1) Board of Directors No. of Women Director  At least one
Companies which require  every listed co.;
the collective body of to have Women directors
Board  every other public co. having -
the directors of the
company [Section 2(10)]  paid–up share capital of 100
Board of crore rupees or more; or
Directors  turnover of 300 hundred
a director appointed to
the Board of a company crore rupees or more.
Directors
[Section 2(34)] Filling of Intermittent  Immediate next Board meeting
Vacancy or three months from the date of
such vacancy, whichever is later.
(2) Provisions related to appointment of directors in the Of which date the amount As on the last date of latest audited
companies of paid-up capital or financial statements.
turnover shall be taken in
(i) Number of directors [Section 149(1)]
to consideration

(iii) Provision related to Resident director (RD) [Section 149(3)]


Every Co.
Meaning of Resident Director Who has stayed in india for a
total period of not less than 182
days during financial year
shall have
BoD Number Atleast One
Companies which should Every Company
appoint resident director
consisting of
individuals as directors In case of a newly incorporated company, the requirement under
this sub-section shall apply proportionately at the end of the
financial year in which it is incorporated.
Minimum Maximum (iv) Provisions related to Independent Directors (Section 149
read with the relevant rules)
(a) Companies require to appoint Independent Directors (ID)
Public Co. Private Co. OPC 15
INDEPENDENT DIRECTORS (ID)

3 2 1 Every Listed Public Company Prescribed Classes of Companies

Public Public Comapny


At least one Public
Company Aggregate,
A co. may appoint more than 15 directors after passing special third of total Company
Paid Up share outstanding
resolution (SR) Number of Turnover: ≥
Capital: ≥ loans, debentures
Limit of maximum of 15 directors, and their increase in limit by directors as R100 crore;
R10 crore; or and deposits>
special resolution- shall not apply to Government & section 8 ID# or
R50 crore
companies.

(ii) Provision related to Women director (WD) [Proviso to At least 2 directors as ID


section 149(1) + Rule 3 of the Companies (Appointment and
# Any fraction contained in such one-third number shall be rounded
Qualifications of Directors) Rules, 2014]
off as one.
The Chartered Accountant Student January 2022 05
CORPORATE AND ECONOMIC LAWS
Higher number of ID appointed: Due to composition of audit
committee in the prescribed companies, higher number of ID shall who, neither himself nor any of his relatives—
be appointed
• holds / has held the position of a KMP or
Non-Applicability: If company ceases to fulfil any of the 3
conditions for 3 consecutive years • is / has been employee of the  company  / its holding,
subsidiary or associate company 
Exemption from appointment of ID’S in the following class • in any of the 3 FY immediately preceding the FY in which he
of unlisted public companies: a Joint Venture, Wholly Owned is proposed to be appointed;
Subsidiary, and a Dormant Company.
• Provided that in case of a  relative  who is an employee,
the restriction under this clause shall not apply for his
(b) Who is ID employment during preceding 3 FY.
Other than MD/
WTD/ND is / has been an employee or proprietor or a partner, in any of
the 3 FYs immediately preceding the financial year in which
Means a Director, who he is proposed to be appointed, of—
• a firm of auditors /  company  secretaries in practice / cost
auditors of the company / its holding, subsidiary or associate
company; or
is a person of integrity and possesses relevant expertise
and experience; • any legal / a consulting firm that has or had any
transaction with the company, its holding, subsidiary
or associate  company  amounting to 10% or more of the
is /was not a promoter of: gross turnover of such firm;

• the company or holds together with his relatives 2% or more of the total voting


power of the company; or
• its holding, subsidiary or associate company;

not related to promoters /Directors is a Chief Executive / director, of any nonprofit organisation


that receives 25% or more of its receipts from the company,
• in the company, any of its  promoters, Directors or its holding, subsidiary or
• its holding, associate company or that holds 2% or more of the total voting
• subsidiary or  power of the company; or
• associate company;
who possesses such other qualifications as may be prescribed.
has / had no pecuniary relationship,

• other than remuneration as such director/having transaction (c) Submission of Declaration by the Independent Director (ID)
not exceeding 10% of his total income / such amount as may [Section 149(7)]
be prescribed,  with the company, its holding, subsidiary
or associate company, or their promoters, or Directors, Declaration for the
• during the 2 immediately PFY/ during the current FY; Declaration for First
First Meeting of Board
Meeting of the Board
in every Financial Year

none of whose relatives— Every ID is required to


• holding any security of /interest in the company, its Every ID is required file declaration at the
holding, subsidiary or associate company  to file a declaration subsequent meeting in
• during the 2 immediately PFY or during the current FY
• The relative may hold security / interest of face value not every Financial Year,
exceeding 50 lakh rupees OR
• 2% of the paid-up capital of the company, its holding, at the first meeting whenever there is
subsidiary or associate company or of Board any change in the
• such higher sum as may be prescribed;
circumstances which
is indebted to the company, its holding, subsidiary may affect his status
or associate company or their promoters, or that he meets the as an ID.
Directors, criteria of independence
• in excess of such amount as may be prescribed  as provided in section
• during the 2 immediately PFY /during the current FY; 149(6)
has given a guarantee /provided any security in
connection with the indebtedness of any third (d) Compliance of Schedule IV [Section 149(8)]
person to the company, its holding, subsidiary
or associate company or their promoters, or
Directors of such holding company,
• for such amount as may be prescribed during the 2
immediately PFY or during the current FY; or
has any other pecuniary transaction or relationship Schedule IV Every company and ID shall
with the company, or its subsidiary, or its holding abide by the provisions
or associate company  specified in Schedule IV
• amounting to 2% /more of its gross turnover or total
income singly / in combination with the transactions
referred to above;
06 January 2022 The Chartered Accountant Student
CORPORATE AND ECONOMIC LAWS
(e) Whether ID can have Stock Options [Section 149(9)] (i) Remuneration of Independent Directors [Section 197(5)]

Entitled to: Not Entitled to:


Notwithstanding anything contained in any other provision of
this Act, but subject to the provisions of sections 197 and 198, an Fee provided under section 197(5) Any stock option
Sitting Fee for attending the meeting of [Section 149(9)]
independent director- the Board or its Committees: Maximum
Rs. One lakh per meeting.
Note: The sitting payable to ID and Women
 shall not be entitled- may receive - Directors shall not be less than that of the
• to any stock option • remuneration  by way of fee sitting fee payable to other directors.
provided under section 197(5),
Reimbursement of expenses for
and • reimbursement of expenses participation in:
for participation in the Board (i) Board Meetings
and other meetings, and (ii) Other Meetings
• profit related commission as may Profit related commission as may be
be approved by the members. approved by the members

Provided that if a company has no profits or its profits are (v) Provisions related to Small Shareholder Director (SSD)
inadequate, an independent director may receive remuneration, [Section 151] read with Rule 7 of the Companies (Appointment
exclusive of any fees payable under sub-section (5) of section 197, and Qualifications of Directors) Rules, 2014.
in accordance with the provisions of Schedule V
Small Is it compulsory No (not mandatory)
Shareholders to appoint SSD?
(f) Tenure of office of ID [Section 149(10) & 149(11)] Director
Which co. may Listed co.
An independent No independent appoint?
director shall hold director shall hold
Explanation- Number One
office for a term office for more than two
up to- consecutive terms, Who is Small A shareholder holding shares
Shareholders of nominal value of not more
• 5 conse cutive • but such independent • For the purposes
years on the Board director shall of sub-sections Director than R20,000 or such other
of a company, be eligible for (10) and (11), sum as may be prescribed
• but shall be appointment after any tenure of
eligible for the expiration an independent How SSD is by notice -
reappointment of three years of director on appointed
on passing ceasing to become an the date of of not less than 1000 small
of a special independent director commencement shareholders; or
resolution by the • Provided that an of this Act shall
company, and independent director not be counted one-tenth of the total number
• disclosure of such shall not, during the as a term under
appointment said period of three those sub- of such shareholders
in the Board's years, be appointed in sections.[Section
report. or be associated with 149(11)] whichever is lower
the company in any
other capacity, either
directly or indirectly. • SSD shall not be liable to retire by rotation
• SSD’s tenure shall not exceed a period of 3
(g) Liability of ID [Section 149(12)] consecutive years and on expiry of the tenure
he shall not be eligible for re-appointment.
Notwithstanding anything contained in this Act, • A person shall not be appointed as SSD if
the person is not eligible for appointment in
terms of section 164.
Parties Shall be held liable only in • SSD shall vacate the office if (i) the SSD
respect of such- incurs any of the disqualification specified
in section 164; (ii) the office of the SSD
(i) an independent director • acts of omission or commission becomes vacant in pursuance of section 167;
(ii) a non-executive director by a company which had occurred (iii) The SSD ceases to meet the criteria of
not being promoter or key with his knowledge, independence as provided in section 149(6).
managerial personnel • attributable through Board processes • SSD shall not hold the position of SSD in
• with his consent or connivance, or Special Features more than two companies at the same time.
• where he had not acted diligently of SSD Moreover, the second company in which he is
appointed as SSD shall not be in the competing
(h) Retirement of ID by rotation [Section 149(13)] business with that of the first company.
• A SSD shall not, for a period of three years
The provisions of from the date on which he ceases to hold office
sub-sections (6) Not applicable to as a SSD in a company, be appointed in or be
and (7) of section appointment associated with such company in any other
152 in respect of independent capacity, either directly or indirectly.
of retirement Directors
of Directors by
rotation

The Chartered Accountant Student January 2022 07


CORPORATE AND ECONOMIC LAWS
(vi) Provisions related to Additional Director [Section 161(1)] (ix) Appointment of director through casual vacancy [Section
161(4)]
Additional Director
Occurence of casual vacancy takes place
Appointment Disqualified Term
where an office of any director (appointed by the co. in GM) is
• AOA of a co. may • A person, who • Hold office up vacated before his term of office expires in the normal course
confer on its BoD fails to get to the date of
the power to- appointed as the next AGM
a director in a or the last date
• appoint any GM, cannot be on which the
person as an Filing of such vacancy
appointed AGM should
additional have been held, the resulting casual vacancy may be filled by the BoD at a
director whichever is meeting (approved by members in immediate next GM)
• at any time earlier.

Term of office
(vii) Provision related to Alternate Director [Section 161(2)]
person appointed shall hold office only up to the date up to
which the director in whose place he is appointed would have
Alternate Appointed by- BoD, if so authorised by held office if it had not been vacated.
Director AOA,
(ALT. DIR) or
(x) Modes of appointment [Section 162 & 163]
resolution passed by
(i) Appointment through single resolution
company in GM

Time of during the absence of


appointment original director for a • Each director shall be appointed by a
period of not less than 3 separate resolution
months from India. • Unless the meeting first agreed that
the appointment shall be made by
Appointment a single resolution and no vote has
Exception: No who is holding any
of Directors been cast against such agreement.
person shall be alternate directorship for
to be voted • Contravention of above shall be void.
appointed as any other director in the
Individually • A motion for approving a person
ALT. DIR- co. / holding directorship
in the same co. or for nominating a person, for
appointment as a director, shall
for an independent director be treated as a motion for his
who is not qualified to be appointment.
appointed as an ID

Term of holding Till the period permissible


office to the original director Non applicability of section 162 to the following companies:
Vacation if & when the original (1) A Government company in which the entire paid up share
director returns to India. capital is held by the Central Government / by any State
Government /Governments / by the Central Government
Automatic re- apply to the original, and one or more State Governments;
appointment and not to the alternate (2) A subsidiary of a Government company, referred above,
director. in which the entire paid up share capital is held by the
Government company.
(3) A Private company
(viii) Nominee Director [Section 161(3)]
(ii) Appointment of Directors through proportional representation
[Section 163]

AOA of co. may provide for by single transferable vote


appointment of not less than / by system of cumulative
Nominee Director 2/3rd of total number of voting /otherwise
directors, in accordance with
principle of proportional
representation,
• Subject to the articles of a company, the Board
may appoint-
Option to adopt
• any person as a director principle of proportional
representation for
• nominated by any institution, or appointment of directors
• of any agreement or
• by the Central Government or the State
Government by virtue of its shareholding in a Such appointments may be Casual vacancies of such
Government company made once in every three directors shall be filled as per
years section 161(4).

08 January 2022 The Chartered Accountant Student


CORPORATE AND ECONOMIC LAWS
Non applicability of section 163 to the following companies: A private company may by its articles provide for any
(1) A Government company in which the entire paid up share disqualifications for appointment as a director in addition to
capital is held by the Central Government, or by any State those specified in sub-sections (1) and (2).
Government or Governments or by the Central Government
and one or more State Governments; The disqualifications as mentioned in (d), (e) and (g) of sub-
section (1) of section 164 shall continue to apply even if the
(2) A subsidiary of a Government company, referred to above, in
which the entire paid up share capital is held by the Government appeal or petition has been filed against the order of conviction
company. or disqualification.
Section 164(2) is not applicable to Government company.
(3) Disqualifications for appointment of director [Section 164 (1)]
General (a) of unsound mind and so declared by a (4) Holding of maximum number of directorship [Section 165]
disqualification competent court;
of directors in (b) an undischarged insolvent;
the following Out of 20, Exclude
(c) applied to be adjudicated as an insolvent and his maximum (from 20 co.)
situations: 10 public directorship in
application is pending
companies dormant co.
(d) convicted by a court of any offence, and
sentenced in respect thereof to imprisonment for
minimum 6 months and a period of 5 years has not
elapsed from the date of expiry of the sentence.
However, if a person has been convicted of any company may
offence and sentenced in respect thereof to specify lesser
imprisonment for a period of 7 years / more, he Maximum Number of number of
20 (including directorship companies in
shall not be eligible to be appointed as a director which a director
Alternate
in any company. directorship) may act as
(e) an order disqualifying him for appointment as directors by
a director has been passed by a court or Tribunal passing SR.
and the order is in force;
(f) not paid any calls in respect of any shares of the
Provision related to maximum holding of directorship shall not
company held by him, and 6 months have elapsed
apply to section 8 companies.
from the last day fixed for the payment of the call;
If a person accepts an appointment as a director in
(g) he has been convicted of the offence of dealing
contravention to holding directorship in more than 20
with related party transactions under section 188
companies / more than 10 public companies, he shall be liable
at any time during the last preceding 5 years; or
to a penalty of R2,000 for each day after the first during which
(h) he has not complied with section 152(3) which such violation continues, subject to a maximum of R2 Lakhs
requires a director to have a DIN under section
154.
(i) he has not complied with the provisions of (5) Duties of Directors [Section 166]
section 165(1).
Act in accordance with AOA, subject to the provisions of the
Other disqualifications [Section 164(2)] Act.

person who is / has been a director of a company which


Act in good faith to promote the objects of co. for
has not filed financial statements or annual returns for any benefit of its members & in the best interests of co., its
continuous period of three financial years; employees, shareholders, community & for protection of
environment.

or Exercise his duties with due & reasonable care, skill &
has failed to repay the deposits accepted by it or pay interest
diligence & with independent judgment.
thereon or to redeem any debentures on the due date or pay
interest due thereon or pay any dividend declared and such Not involve in a situation in which he may have a direct /
failure to pay or redeem continues for one year or more
indirect interest that conflicts, or possibly may conflict, with
interest of co.
shall not be eligible to be-
Not achieve / attempt to achieve any undue gain or
re-appointed as a director of appointed in other company for a advantage either to himself or to his relatives, partners, or
that company or period of five years from the date associates & if such director is found guilty of making any
on which the said company fails undue gain, he shall be liable to pay an amount equal to
to do so that gain to the company

Not assign his office & if any assignment so made, it shall be


Provided that where a person is appointed as a director of a void.
company which is in default as above

he shall not incur the disqualification for a period of six months In case of contravention, a director of the company shall be
from the date of his appointment. levied fine from R1,00,000 to R5,00,000.

The Chartered Accountant Student January 2022 09


CORPORATE AND ECONOMIC LAWS
(6) Vacation of Office of Director [Section 167] (ii) Restrictions on removal of certain directors
Director incurs any of the disqualifications specified in sec. 164; Directors appointed by Tribunal u/s 242

In case, he incurs disqualification under section 164(2),


ID: who are re-appointed for second term u/s 149(10)
the office shall become vacant in all the companies, except
can be removed only by passing SR+ opportunity of being
the company in default
heard

on absence from all meetings of BoD held during a period


of 12 months Directors appointed u/s 163

acts in contravention of provisions of sec. 184 relating Case Scenario 1


to entering into contracts /arrangements in which he is Sukesh Web Developers Ltd. (for short SWD) is a public limited
interested; company, which was incorporated in December, 2018. Sukesh is
the Managing Director of the company. The company is engaged
in the business of developing Websites, Mobile App, providing of
fails to disclose his interest in any contract / arrangement
in which he is interested, in contravention of the On-line Platform for conducting Business Meetings, Class Room
provisions of sec. 184; Teachings and providing of pre-filled educational Tablets as per
syllabus prescribed by the respective Central / State Boards, of
Classes 6th to 12th.
becomes disqualified by an order of a court / the Tribunal; At the time of incorporation, the company was formed by 7
members, who were actually classmates when they all were
doing B. Tech (Electronics) from IIT, Mumbai. Initially they
contributed the capital from their own resources and the paid up
convicted by a court for any offence & sentenced to capital at the time of incorporation was R50 crores. Among the
imprisonment for not less than 6 months.
7 members, 3 members occupied the position of director in the
company. In addition to this, 2 other persons were also appointed
as Independent Directors. One is a Professor (Finance) in IIM,
removed in pursuance of the provisions of this Act; Ahmedabad and another is an Advocate on Record at Supreme
Court.
The popularity and user friendly features of ON-Line Products,
having been appointed a director by virtue of his holding
increased the demand, and the turnover of the company
any office / other employment in the holding, subsidiary
or associate company, ceases to hold such office or other dramatically increased from R100 crores in March 2019 to R350
employment in that company. crores by the end of March 2020.
The Company Secretary in full time employment of the company,
apprised the Board that, company should now appoint at least one
(7) Resignation of Director [Section 168]
woman director on the Board. The Board agreed and the name
of Sudha (the wife of Sukesh) was proposed and approved in the
Director may by giving a notice in writing to co. 
General Meeting of the company. Sudha was appointed as woman
director in the Board of the Company with effect from 10th April,
Board shall on receipt take note of the same 2020.
Now, the Board of SWD consists of the following persons:
Co. shall within 30 days from receipt, intimate the S. Name Designation Group
Registrar & post the information on its website, if any. No.
1. Sukesh Managing Director Promoter
Co. shall also place the fact of such resignation in
BoD's Report laid in immediately following GM. 2. Rahul Director Promoter
3. Parmeshwar Director Promoter
Director may forward a copy of his resignation with 4. Independent
reasons to Registrar within 30 days of resignation Kamal Director Professor (Finance)
5. Independent Advocate on Record
(8) Removal of Directors [Section 169] Damodar Director at Supreme Court
(i) Steps for removal 6. Sudha Woman Director Wife of MD
On receipt
of the During this pandemic situation, Rahul, one of the member
director and director in the company passed away due to Corona in
notice of a concerned
resolution December 2020. Rahul was the key person in procuring
director is entitled
for removal, thereto make new business relations and was having good connections
By Special the company shall be with various schools, in which the company’s pre-loaded
given representation
Ordinary notice is shall in writing to educational Tablets were being supplied. It was a great set-
Resolution required forthwith opportunity back to the company.
send a copy to be heard the co. and
thereof to requests its
notification to However, the company went on doing business inspite of the
the
concerned members fact that the minimum requirement of members in SWD (a
director public company) reduced from 7 to 6. The Company Secretary

10 January 2022 The Chartered Accountant Student


CORPORATE AND ECONOMIC LAWS
apprised to the Board that Arundhati (the wife of deceased A. Sudha is the wife of MD, and hence cannot be considered
Rahul) has applied for transmission of shares in her name, to be appointed as woman director. So her appointment is
which were held in the name of Rahul. The Board accepted the not valid.
transmission request, and the Board Secretariat of the company B. There is no prohibition/ restriction in the Companies
entered the name of Arundhati as member of the company. Act, 2013 to appoint any woman to fill up the vacancy of
Now again the minimum requirement of seven members of this woman director even she is a relative of any of the director.
public company fulfilled. C. Woman director should be chosen only from the Databank
maintained by the Indian Institute of Company Affairs
During the Financial Year 2020-21 the five meetings of the Board (IICA), New Delhi.
of Directors were held, but Sudha, being a woman director, D. Sudha should immediately break the relationship with
never ever attended any meeting of the Board of Directors due her husband, who is MD in the company, if she wants to
to her shy nature and always sought leave of absence of the continue as woman director, in order to maintain the
Board. The Company Secretary apprised in the Board Meeting independent status.
held in April 2021, about the vacation of the post of woman Answer: (B)
director on account of continuous absence of Sudha in the Board Reason:
Meetings held during the FY 2020-21 and requested the Board Refer, Second Proviso of Section 149(1)(b) read with Rule 3(ii) of
to again propose for the appointment of new woman director the Companies (Appointment and Qualifications of Directors)
and also other director (in replacement of the demise of Rahul, Rules, 2014.
Ex-Director). The Board accepted the recommendation of the Please note that, the requirement is to fill post of woman director
Company Secretary and was advised to move ahead to complete only and not the Independent Director.
4. A public company should have minimum of:
the legal formalities. A. 3 Members and 3 Directors
Based on the above scenario, answer the following questions: B. 3 Members and 7 Directors
C. 7 Members and 3 Directors
1. The SWD was incorporated as public company. At which D. 7 Members and 7 Directors
stage, the company is required to have at least one woman Answer: (C)
director in its Board: Reason:
A. It is not required to appoint any woman director, since the Refer, section 3(1) (a) and 149(1)(a)
company is not a listed entity. 5. Rahul passed away in December, 2020. He was a member and
B. It is not required to appoint one woman director, since also a director in the company. After his death the number
of members as required for a public company fell short of
the paid-up capital of the company is only R50 crores, the minimum requirement of seven. If the company carries
which is below the threshold limit of R100 crore. on business for ____________________ while the number
C. It is required to appoint at least one woman director, of members is so reduced every person who is a member of
since the turnover of the company has crossed R300 the company during the time that it so carries on business
crore, which is actually R350 crores as on 31st March, ___________ shall be severally liable for the payment of the
whole debts of the company contracted during that time:
2020.
A. more than 3 months / after those 3 months
D. If both the conditions i.e. paid-up capital of R100 or more; B. more than 4 months / after those 4 months
AND turnover of R300 crore or more, are fulfilled, then C. more than 5 months / after those 5 months
such public company is required to have at least one woman D. more than 6 months / after those 6 months
director. Answer: (D)
Answer: (C) Reason:
Reason: Refer, Section 3A
Refer, Second Proviso to Section 149(1)(b) read with Rule 3(ii) 6. Sudha being a woman director did not attended any meeting
(a) & (b) of the Companies (Appointment and Qualifications during FY 2020-21. However she always sought leave of
of Directors ) Rules, 2014. If any of the parameter, viz: Paid- absence of the Board. Sudha argued that when leave of absence
up capital of 100 crore OR Turnover 300 crores is achieved, have been sought, she may continue to be on Board by holding
the Office of Woman Director. What is your opinion?
the public company have to appoint at least one woman
A. No, a woman director is given a special treatment under the
director. Law, so the post of woman director shall not be treated as
2. The company is not a listed entity, even then it has appointed vacant.
two Independent Directors. Why? B. Since in the given she has sought leave of absence of the Board,
A. By appointing independent director(s), the company is so the office of woman director shall not be treated as vacant.
benefitted of their expertise and wisdom. C. The office of a director shall become vacant in case he
B. The company was required to appoint independent absents himself from all the meetings of the Board of
directors since its paid-up capital is R50 crore, (at the time Directors held during a period of 12 months with or
of incorporation) which is above the threshold limit of R10 without seeking leave of absence of the Board.
crores. D. In option (C) above, words used are ‘he’ and ‘himself ’,
which are used for a male person, so the intention of the
C. Appointing of Advocate on Records, Supreme Court as law makers are very clear and the office of woman director
Independent director is beneficial to address the legal cannot be treated as vacant. If the intention of the law
issues. maker would have been to include a woman director, the
D. The company was used to get the financial advice, hence words in the above sentence [Option C] should have been
it appointed a Financial Professional as an Independent used as ‘she’ and ‘herself ’.
Director. Answer (C)
Reason:
Answer (B)
Refer section 167(1)(b) which provides that office of a director shall
Reason: become vacant in case he absents himself from all the meetings of
Refer Rule 4(1) of the Companies (Appointment and Qualifications the Board of Directors held during a period of twelve months with
of Directors) Rules, 2014. or without seeking leave of absence of the Board.
The words [‘he’ / ‘himself’] used in above section should not be
3. In the above case Sudha (the wife of Sukesh, Managing construed in strict sense of using for male only, rather the spirit is of,
Director) was appointed to fill up the vacancy of woman to narrate the automatic vacancy of the office of director ( whether
director. Whether appointment of relative of Managing male director or female director), if certain points of law are not
Director to fill up the vacancy of woman director is permissible adhered by the concerned director.
as per the provisions of the Companies Act, 2013:

The Chartered Accountant Student January 2022 11


CORPORATE AND ECONOMIC LAWS
CHAPTER 2: APPOINTMENT AND REMUNERATION OF MANAGERIAL PERSONNEL
(1) Appointment of Managing Director, Whole-Time Director or In case of Private company – given Section 196(4) shall not apply
Manager [Section 196] In case of Government company – given Section 196(2) and (4)
shall not apply
(i) Appointment of MD and Manager [Section 196(1)]
(2) Overall maximum Managerial Remuneration [Section 197(1)]
Company shall not S. Conditions Maximum Conditions when
appoint/ employ at the • So, appoint either No. remuneration in remuneration can
same time a MD and a MD or Manager any financial year exceed as referred in
Manager column (b)
(a) (b) (c)
(ii) Tenure [Section 196(2)] (i) Overall limit 11% of the net Company in
profits of the general meeting
company for that may authorize
Tenure of MD, financial year the payment of
WTD or Manager Maximum 5 years remuneration
exceeding 11% of
the net profits of the
company subject
(iii) Disqualifications for MD, WTD or Manager [Section 196(3)] to provisions of
Schedule V.
No company shall appoint or continue the employment of any person (ii) If there is one 5% of the net With the approval
as MD, WTD or Manager who- Managing profits of the of the company in
director/ Whole company for that general meeting by
*below the age of 21 years or has attained the age of 70 time director/ year Special Resolution,
years; or manager this limit may be
exceeded.
is an undischarged insolvent or has at any time been (iii) If there is more 10% of the net With the approval
adjudged as an insolvent; or than one Managing profits of the company in
director/ Whole general meeting by
has at any time suspended payment to his creditors or time director/ Special Resolution,
makes, or has at any time made, a composition with manager this limit may be
them; or
exceeded.
has at any time been convicted by a court of an offence (iv) If there are 1% of the net Approval of the
and sentenced for a period of more than six months. directors who are profits of the company in general
neither Managing company if there meeting by Special
director nor is a managing Resolution is
Additional conditions prescribed through Schedule V (for
appointment without approval of Central Government) whole time director or a whole required.
directors time director
(v) If there are 3% of the net profits Approval of the
directors who are of the company if company in general
*Provided that appointment of a person who has attained the age neither Managing there is no managing meeting by Special
of 70 years may be made by: director nor whole director or whole Resolution is
(1) passing a special resolution with an explanatory statement time directors time director required.
indicating the justification for appointing such person.
(2) where no such special resolution is passed but votes cast Where the company has defaulted in payment of dues to any bank
in favour of such motion, and the Central Government / PFI/ non-convertible debenture holders / any other secured
is satisfied, on an application made by the Board, that creditor, the prior approval of the bank / PFI concerned / the non-
such appointment is most beneficial to the company, the convertible debenture holders / other secured creditor, as the case
appointment of the person who has attained the age of 70 may be, shall be obtained by the company before obtaining the
years may be made. approval in the general meeting.
In case of Government Company, Section 197 shall not apply.
(iv) Procedure of appointment of MD, WTD or Manager [Section
196(4)]
(3) Appointment of KMP [Section 203]
Subject to provisions of Sec. 197 and Schedule V
(i) KMP [Section 2(51)]
Terms and conditions and remuneration payable
be approved by BOD at meeting
• MD/ CEO / Manager
Approval of shareholders in next GM • WTD (in absence of MD/CEO/Manager )
• CS;
Approval of Central Government (if appointment is at Who are • CFO.
variance with Part I of Schedule V) KMP's? • Officer not more than one level below
Return in prescribed form shall be filled with Registrar the directors (in whole time employment
within 60 days of such appointment. desigated as KMP)
• Other prescribed officer

12 January 2022 The Chartered Accountant Student


CORPORATE AND ECONOMIC LAWS
(ii) Companies which mandatorily required appointment of (4) Functions of the Company Secretary [Section 205]
whole time KMP [Section 203(1) + Rule 8 of the Companies
Functions to report to the Board about compliance
(Appointment and Remuneration of Managerial Personnel)
of the CS to ensure that the co. complies with the
Rules 2014]
includes applicable secretarial standards;
to provide to the directors of the co. guidance
companies as they may require, with regard to their duties,
mandatorily required responsibilities and powers;
to appoint whole- to facilitate the convening of meetings and attend
time KMP every listed co. &
Board, committee and general meetings and
every other public co. having
maintain the minutes of these meetings
a paid-up share capital of R10
to obtain approvals from the Board, general
crore or more
meeting, the government and other authorities
as required
(iii) Provisions related to appointment of whole time KMP
to represent before various regulators, and other
[Section 203(2) & (3)] authorities in connection with discharge of
various duties under the Act;
Whole time
Mode of Appointment

Restriction on holding
of office

Appointment of
KMP as director

by means of to assist the Board in the conduct of the affairs


KMP can be
resolution KMP shall not of the co.;
appointed as a
of Board hold office in to assist and advise the Board in ensuring good
director in any
containing more than one corporate governance and compliance & best
company with
terms & co. at the same practices
the permission
conditions & time except its to discharge such other duties as have been
of the Board.
remuneration subsidiary co. specified under the Act or rules; &
such other duties as may be assigned by the
(iv) Managing Director / Manager in more than one company Board from time to time.
[Third proviso to section 203(3)]
(5) Secretarial Audit (Section 204)

• Co. may appoint a person as • Every Listed co.


its MD, if he is MD / manager
of one, & of not more than one • Every public company having
other co. a paid up share capital of R50
Appointment of • Approved by resolution passed crore or more; or
Companies that
person as MD in more at meeting of Board with • Every public company having
consent of all directors present are required a turnover of R250 crore or
than one company
at the meeting to conduct more.
• Specific notice of such meeting Secretarial Audit • Every company having
& of the resolution to be moved outstanding loans or
thereat has been given to all borrowings from banks or
the directors then in India. public financial instituions of
100 crore rupees or more.

(v) Vacancy in office of KMP [Section 203(4)]

{
The above companies shall annex with its Board's report made
• filled up by the board in section 134(3), a secretarial audit report (in Form No. MR.3),
Vacancy of KMP
• within 6 months from date of vacancy given by a company secretary in practice.

In case of Government Company, as per section 4A, the provisions


of sub-sections (1), (2), (3) and (4) of section 203, shall not apply to a Case Scenario 2
Managing Director / Chief Executive Officer / Manager and in their Saraswati Golden Beverages Ltd. is an unlisted public company
absence, a Whole-Time Director of the Government Company. engaged in the business of manufacturing and selling of soft
drinks. For the financial year ended on 31st March, 2020, its
(vi) Penalty [Section 203(5)] paid-share capital was R15 crores.
On company where the
Every Director & Sourabh is the Managing Director of the company, whose term is
contravention is a
KMP in default going to expire by the end of June 2021.
continuing one
The Board of Directors of the company approved the re-
• fine of 5 lakh fine extending to • with a further fine

rupees R50000/-. appointment of Sourabh as Managing Director in meeting of the
from R1000/- for Board held on 5th April, 2020 and was subsequently approved
each day after by the shareholders in the Extra-ordinary General Meeting held
the first during
on 25th April, 2020. The term of appointment was made for
which such default
continues to R5 lakh 7 years.

The Chartered Accountant Student January 2022 13


CORPORATE AND ECONOMIC LAWS
Subsequently, Sourabh was selected for the post of CEO in another
3. After joining as Managing Director on 1st June, 2020, the
company in same business line. He resigned from the post of Managing
Mayank celebrated his 69th Birthday on 10th June, 2020. His
Director from the present company on 25th May, 2020. He demanded
appointment was made for 5 years effective from 1st June,
compensation from the present company for the period (i) from the
2020 which will be completed on 30th June, 2025. Mayank
date of resigning and leaving the services up to 30.06.2021 on the
will attain the age of 70 years on 10th June, 2021. Whether
present remuneration basis and (ii) from 1st July, 2021 to 30.06.2028
his appointment is valid?
on the basis of remuneration fixed at the time of re-appointment.
A. Mayank will automatically vacate the post of Managing
After the resignation of Sourabh, the Nomination and Remuneration Director after attaining the age of 70 years.
Committee of Board recommended the name of Mayank (as MD), B. Mayank’s present appointment is not valid since his
which the Board of Directors approved in its meeting held on 1st June, appointment is for 5 years and just after one year of his
2020, which was also approved by the shareholders in the General joining, he will attain the age of 70.
Meeting held on 28th June 2020. The appointment was made for 5
years effective from 1st June 2020. The Board also celebrated the 69th C. Mayank’s appointment is valid since at the time of
birthday of Mayank after his joining, on 10th June 2020. appointment he has not attained the age of 70 years.
However, to be on the safer side, before reaching the age of
Deepak, who was designated as Company Secretary in the company 70 years, the shareholders may pass special resolution for
died on 25th August, 2020 due to COVID-19. The company’s AGM continuation of Mayank for the post of Managing Director.
was also scheduled to be held on 5th September, 2020. The AGM was
convened in the absence of the Company Secretary. The Company D. Mayank’s appointment is valid as he has appointed as
made an advertisement in the news paper about the vacancy of the Managing Director for the first time.
the Company Secretary but no one was ready to join during the Answer: (C)
COVID-19. Ultimately the appointment was made in the month of Reason:
March 2021.
Section 196(3)(a) provides that no company shall appoint
Based on the above scenario, answer the following questions: or continue the employment of any person as managing
director, whole-time director or manager who is below the age
1. Whether the re-appointment of Sourabh for the post of of 21 years or has attained the age of 70 years.
Managing Director with effect from 1st July, 2021 is valid:
A. Sourabh’s re-appointment is valid. The Bombay HC in the case of Sridhar Sundararajan v.
B. Sourabh’s re-appointment is not valid as per the provisions Ultramarine & Pigments Ltd., [2015] 59 taxmann.com 249 has
of the Companies Act, 2013. opined that there is no mid-tenure cessation of the Managing
C. There should be a cooling period of 3 years between the Directorship as a result of section 196(3)(a). All that section
retirement and re-appointment of Managing Director. 196(3)(a) does, is to sound a note of caution in the public
interest and to demand from the company a special resolution
D. There should be a cooling period of 5 years between the
when a person who has already crossed the age of 70 years on
retirement and re-appointment of Managing Director.
certain date is proposed to be appointed or re-appointed. [2016]
Answer: (B) 66 taxmann.com 67 (Article)]
Reason: 4. The vacancy arrived due to sudden demise of company
Section 196(2) provides that no company shall appoint or secretary can be filled up by the Board of Directors:
re-appoint any person as its managing director, whole-time A. Before the convening of the AGM
director or manager for a term exceeding five years at a time:
B. After the convening of the AGM.
The proviso to section 196(2) provides that no re-appointment
shall be made earlier than one year before the expiry of his term. C. within a period of three months from the date of such vacancy.
In the given case, the Sourabh’s re-appointment for Managing D. within a period of six months from the date of such vacancy.
Director was made for 7 years. Further, his term as Managing Answer:(D)
Director was expiring by the end of June 2021, whereas, the re-
Reason:
appointment exercise has already been made before the expiry
of his term. Section 203(4) provides that if the office of any whole-time key
managerial personnel is vacated, the resulting vacancy shall
2. Sourabh after resigning from the services from the present be filled-up by the Board at a meeting of the Board within a
company demanded compensation for the period (i) from period of six months from the date of such vacancy.
the date of resigning and leaving the services to 30.06.2021 on
the present remuneration basis and (ii) from 1st July, 2021 to 5. What are the consequences if a whole-time company
30.06.2028 on the basis of remuneration fixed at the time of secretary is not appointed?
re-appointment. Will he is entitled to get the compensation: A. The company is not liable to pay penalty since it
A. Yes, he is entitled to get the compensation for the advertised but no one was ready to join the company
period from the date of resigning the present company due to COVID-19 situation.
i.e. 25.05.2020 to 30.06.2021 at the rate of present B. Only the company is liable to pay the penalty as
remuneration. prescribed under the Company Act, 2013
B. Sourabh will also be entitled to get the compensation, C. Only the directors of the company are liable to pay
as mentioned at para (A) above PLUS from 1st July, penalty as prescribed under the Company Act, 2013
2021 to 30.06.2028 on the basis of remuneration fixed D. The company, every director and KMP all are liable to
at the time of re-appointment. pay penalty as prescribed under the Company Act, 2013.
C. Sourabh will not get any compensation from the present Answer: (D)
company as per the provisions of the Companies Act, Reason:
2013.
D. Sourabh can be given compensation, subject to the Section 203(5) provides that if any company makes any
approval of the shareholder in the General Meeting. default in complying with the provisions of this section, such
Answer: (C) company shall be liable to a penalty of five lakh rupees
and every director and key managerial personnel of the
Reason: company who is in default shall be liable to a penalty of fifty
Section 202(2)(b) provides that no payment of compensation thousand rupees and where the default is a continuing one,
shall be made where the director resigns from his office with a further penalty of one thousand rupees for each day
otherwise than on the reconstruction of the company or its after the first during which such default continues but not
amalgamation as aforesaid. exceeding five lakh rupees.

14 January 2022 The Chartered Accountant Student


The InsTITuTe of CharTered aCCounTanTs of IndIa

international Conference of Ca Students

29th (Saturday) & 30th (Sunday) January, 2022

Venue
BiSwa Bangla auditOrium, KOlKata

Organized by

BOard Of StudieS - Operations

Hosted by

eirC & eiCaSa


12 CPe
Hours
Programme sChedule

10.00 am to 11.00 am Address by Chief Guest


Address by Guest of Honour
Inaugural Session Address by Vice President, ICAI
Address by President, ICAI

11.00 am to 12.00 Noon

Growth Session I
day 1 – 29th JanuarY, 2022

12.00 Noon to 01.00 pm 1. AI, Machine Learning & Deep Learning - the Connect.

Intelligence
Artificial
2. Trends in AI in Contemporary Industry and corporate sector.
knowledge Session: I 3. Process Digitization & Digital Currency - the way forward.
4. Artificial Intelligence and future of Accountancy Profession.
Break for Lunch
02.00 pm to 03.00 pm
role of cas

1. Start-ups in India.
in 5 trillion
economy

2. Ease of Doing Business and ease of living to promote private investments.


knowledge Session: II 3. Digital opportunity and Digital Ecosystem.
4. Achieving 5 Trillion Economy via Net Zero Carbon- the New Green Revolution.

03.00 pm to 04.00 pm

Growth Session II

04.30 pm to 05.30 pm 1. Black Hat vs White Hat (Ethical) Hackers.


forensic

2. Digital Forensics and Cyber Crime.


audit

knowledge Session: III 3. New-age Forensic Accounting Standards of ICAI - a pathbreaker.


4. Forensic Accounting- The Profession and The Industry.

10.00 am to 11.00 am 1. Accounting & Financial Reporting aspects in E-Commerce sector.


accountancy
Beyond

2. Facilitation of Taxpayers as well as Taxation system.


cas

knowledge Session: IV 3. Dynamic Power of Auditing & inherent regulatory challenges.


4. Walking a Different path - Alternative career for CAs.

11.00 am to 12.00 Noon

Growth Session III


day 2 - 30th JanuarY, 2022

12.00 Noon to 01.00 pm 1. GST – Good & Simple Tax- bane or boon?
GST in India
Genesis of

2. Format of GST- Suitable to India?


knowledge Session: V 3. E-Commerce and GST: Issues and way forward.
4. Role of CAs in Litigation support & Dispute resolution in GST domain.
Break for Lunch
02.00 pm to 03.00 pm 1. Emerging Global Career options for Next-Gen CAs.
Opportunities

2. ICAI - Facilitator of Global CAs, through international outreach.


for CAs
Global

knowledge Session: VI 3 Digitization- Breaking the Barriers.


4. Indian MSME: Contributing to growth engine of Global Economy.

03.00 pm to 04.00 pm

Growth Session IV

Power Session Panel Discussion - aim - act - achieve

04.00 pm to 05.00 pm
Conference highlights :
• World Class Learning
• 12 CPE Hours Credit
• Participation of Students of major International Accounting Bodies.
• 24 paper presenters from across the nation
• Participation Certificate for all delegates
• Growth/ Motivation session with prolific & eminent speakers
• Excellent Opportunity to exchange Ideas.
• Meet and interact with Eminent dignitaries from across the world.
• Attractive Kit for all.

International Conference
the international Conference of Ca students is a very prestigious event for the institute and is organized once every year.
the Conference aims to provide a common platform wherein students of the Chartered accountancy profession from
across the world join together and share their knowledge on contemporary topics.
the event is an excellent opportunity for students to share and learn about diverse socio-cultural environment prevailing
in different parts of the world. Students from international Bodies will also participate in the Conference. the student
delegates from international accounting Bodies are also welcomed to present Papers virtually on technical Sessions.
it is an immense pleasure to share that Board of Studies-Operations (SSeB) is organizing international Conference of Ca
students on the theme: “aim, artiCulate aCHieVe” at Biswa Bangla auditorium, Kolkata on 29th and 30th January 2022.

about ICaI
the institute of Chartered accountants of india (iCai) is a world’s leading accounting statutory
body regulating the profession of Chartered accountants in india. iCai is a regulator and developer
of trusted and independent professionals with world class competencies in accounting, assurance,
taxation, finance and Business advisory Services.
ICAI with more than 3.48 lakhs members and above 7.06 lakhs students, is the second largest
accounting body in the world. It is a non-profitable organisation, imparting world class education to
create global professionals.
the institute functions under control of ministry of Corporate affairs, government of india. it has its headquarters in new
Delhi and 5 Regional Offices in Chennai, Kanpur, Kolkata, Mumbai and New Delhi. It presently has 164 branches spread all
over the country. In addition, it has also set up 36 chapters outside India and an Overseas Office in Dubai.
the iCai through its Board of Studies - Operations (SSeB) is taking various initiatives to develop the requisite Skill Sets for
budding Chartered accountants and enrichment of their Professional Skills. the Board formulates, implements and governs
the various policies of the Council relating to practical education and training including industrial training, information
technology and Soft Skills training of students .
it also organises various students related activities like - webinars, Conferences (Branch level, national & international
level), Seminars, fairs, Co-curricular activities, etc. for developing and enriching
personality, leadership qualities and communication skills of our students. Scholarships
are also awarded to its meritorious, differently abled, and needy students.
Host City : Kolkata (City of Joy)

The Victoria Memorial was built between 1906 Biswa Bangla Convention Centre is one of the
and 1921 in memory of Queen Victoria to celebrate The largest library in India, National Library largest convention centres in South Asia with a
her 25 years of rule and is now a museum under is built with the prime objective to preserve, 3000 seater Main auditorium. It was inaugurated
the Ministry of Culture. collect and distribute literary materials that are in 2017 to make Kolkata a MICE tourism
created in India. destination in India.

Kalighat Temple is associated with the worship


offered to goddess Kali and is regarded as one Belur Math is a famous pilgrimage site established Dakshineswar Kali Temple was built in
of the 51 Shakti Peethas of India. by Swami Vivekananda and the head quarters of 1855 by Rani Rashmoni and is an important
the Ramakrishna Math and Mission. international pilgrimage centre.

The Indian Museum in Kolkata is the largest


The tram system is the only tram network Biswa Bangla Gate, popularly known as Kolkata
and the oldest museums in India and was
operating in India and is the oldest operating Gate, with its minimalistic but futuristic design
established in 1814.
electric tram system in Asia, it has been is the new icon of Bengal.
running since 1902. It is a heritage of Kolkata

Marble Palace is a palatial nineteenth-


Vidyasagar Setu is the first and longest century mansion in North Kolkata.
The Salt Lake Stadium, opened in 1961, is a cable-stayed bridge in India linking the cities
multi-use stadium and it serves as the home of Kolkata and Howrah.
of many Kolkata Football League matches.

Commissioned in 1943, the Howrah Bridge is a balanced cantilever Eden Gardens, set up by the British during 1864, happens to
bridge over the Hooghly River in West Bengal, India. be the oldest and second-largest cricket stadium in India
The InsTITuTe of CharTered aCCounTanTs of IndIa

Guidelines for Paper Presenters

Students Eligible to Present Paper : Students who are pursuing Practical Training/Industrial Training.
Students who have started training from 1st February 2019 and must be undergoing training as on
31st January 2022.

Paper Presenters are invited to contribute papers for presentation (1500 to 2000 words) for sub-
topics in Knowledge Sessions (Technical sessions) and submit for approval a soft copy of the
paper along with a short video of 8-10 minutes (based on the topic/any other video of self) at
[email protected] by 10th January 2022.
Student should also send by mail his/her Photograph (saved in your Name, Registration No.),
Registration Number, Last Exam passed, Complete Postal Address, Mobile No., Alternate Number
(if any) along with Email id to respond. Students should also share the details of Paper presented so
far or any other experience along with the proof of the same and if video available. In case of facing
difficulties in sending through email they can also use WeTransfer.

Topics for Presentation


----- : Day 1 – SATURDAY, 29th JANUARY, 2022 :-----
Knowledge Session: I
Topic: Artificial Intelligence
1. AI, Machine Learning & Deep Learning - the Connect.
2. Trends in AI in Contemporary Industry and corporate sector.
3. Process Digitization & Digital Currency - the way forward.
4. Artificial Intelligence and future of Accountancy Profession.

Knowledge Session: II
Topic: Role of CAs in 5 trillion Economy
1. Start-ups in India.
2. Ease of Doing Business and ease of living to promote private investments.
3. Digital opportunity and Digital Ecosystem.
4. Achieving 5 Trillion Economy via Net Zero Carbon- the New Green Revolution.
Knowledge Session: III
Topic : Forensic Audit
1. Black Hat vs White Hat (Ethical) Hackers.
2. Digital Forensics and Cyber Crime.
3. New-age Forensic Accounting Standards of ICAI - a pathbreaker.
4. Forensic Accounting- The Profession and The Industry.

----- : Day 2 - SUNDAY 30th JANUARY, 2022 :-----


Knowledge Session: IV
Topic: CAs Beyond Accountancy
1. Accounting & Financial Reporting aspects in E-Commerce sector.
2. Facilitation of Taxpayers as well as Taxation system.
3. Dynamic Power of Auditing & inherent regulatory challenges.
4. Walking a Different path - Alternative career for CAs.

Knowledge Session: V
Topic: Genesis of GST in India
1. GST – Good & Simple Tax- bane or boon?
2. Format of GST- Suitable to India?
3. E-Commerce and GST: Issues and way forward.
4. Role of CAs in Litigation support & Dispute resolution in GST domain.

Knowledge Session: VI
Topic : Global Opportunities for CA Professionals
1. Emerging Global Career options for Next-Gen CAs.
2. ICAI - Facilitator of Global CAs, through international outreach.
3 Digitization- Breaking the Barriers.
4. Indian MSME: Contributing to growth engine of Global Economy.

Highlights:
l Last date of Submission of Paper: 10th January 2022.
l Completion of Selection Process: 15th January 2022.
l Mail complete details at [email protected].
l Contact for any queries at 0120-3045935/929

Looking forward to welcome you at the


International Conference, 2022!!!

With Best Wishes


Board of Studies-Operations (SSEB), ICAI
INCOME TAX LAW
CA INTERMEDIATE – PAPER 4A – INCOME TAX LAW
The provisions of income-tax law, as amended by the Finance Act, 2021 to the extent included in the syllabus of Intermediate
(New) Paper 4A: Income-tax Law, are relevant for May, 2022 and November, 2022 examinations. This Capsule on Income-
tax law attempts to give an overview of the step by step procedure for computation of total income and tax payable by
an individual for A.Y. 2022-23, being the relevant assessment year for May, 2022 and November, 2022 examinations.
For detailed study, students are advised to read the June, 2021 edition of the Study Material of Paper 4A: Income-tax
Law webhosted at https://www.icai.org/post.html?post_id=17657 along with the Statutory Update webhosted at https://
resource.cdn.icai.org/68038bos54507.pdf

COMPUTATION OF TOTAL INCOME AND TAX PAYABLE


BY AN INDIVIDUAL - STEP BY STEP PROCEDURE
Income-tax is levied on an assessee’s total income. Such total income Step 5 – Set-off current year losses and brought forward
has to be computed as per the provisions contained in the Income-tax losses
Act, 1961. The following steps have to be followed for computing the An assessee may have different sources of income under the same head
total income of an individual assessee: of income. He may have profit from one source and loss from the other.
Similarly, an assessee can have loss under one head of income and
Step 1 – Determination of residential status profits under another heads of income. There are provisions in the Act
The residential status of an individual has to be determined to ascertain for allowing inter-source and inter-head adjustment in certain cases.
which income is to be included in computing his total income (TI). The losses are allowed to be set off in the following series -
In the case of an individual, the duration for which he is present in • Inter-source set-off of losses
India in the relevant previous year or relevant previous year and the • Inter-head set-off of losses
earlier previous years, as the case may be, determines his residential • Set-off of brought forward losses
status. Based on the days spent by him in India, he may be a resident • Set-off of unabsorbed depreciation
or a non-resident. • Carry forward of losses and unabsorbed depreciation
• Resident [Refer Fig 3]
- Resident and ordinarily resident
- Resident but not ordinarily resident Step 6 – Computation of gross total income
• Non-resident
Gross Total Add income Apply Apply the
Note – An Indian citizen who is a deemed resident in India would be a
Income = computed  clubbing  provisions for
resident but not ordinarily resident in India. under each provisions set-off and carry
[Refer Fig 1] head forward of losses

Step 7 – Deductions from gross total income


Step 2 – Classification of income under five heads
There are deductions under Chapter VI-A prescribed from Gross
An individual may earn income from different sources. Under the
Total Income. These deductions are of following types –
Income-tax Act, 1961, for computation of TI, all income of an individual
• Deductions in respect of certain payments
tax payer can be classified into five different heads of income.
• Deductions in respect of certain incomes
• Salaries
• Deductions in respect of other incomes
• Income from house property
• Profits and gains of business or profession • Other deductions
• Capital Gains [Refer Table 4]
• Income from other sources
Step 8 – Computation of total income
Step 3 – Computation of income under each head • Gross Total Income – Deductions under Chapter VI-A
• Income under each head – exemptions – deductions allowable • Rounded off to the nearest multiple of `10
under that head
[For detail computation of income under each head, refer Module 2 of Step 9 – Application of rates of tax on total income in case
the Study Material] of an individual
Total income (in R) Rate of Tax
Step 4 – Clubbing of income of spouse, minor child etc.
Upto R 2,50,000 (in case of an individual below 60 Nil
In case of individuals, income-tax is levied on a slab system on the total
years)
income. The tax system is progressive i.e., as the income increases, the Upto R 3,00,000 (in case of an individual who is 60
applicable rate of tax increases. Some taxpayers in the higher income years or more but less than 80 years and resident
bracket have a tendency to divert some portion of their income to their in India)
spouse, minor child etc. to minimize their tax burden. Upto R 5,00,000 (in case of an individual who is 80
In order to prevent such tax avoidance, clubbing provisions have been years or more and resident in India)
incorporated in the Act, under which income arising to certain persons R 2,50,001/ R3,00,001, as the case may be, to 5%
(like spouse, minor child etc.) have to be included in the income of the R 5,00,000
person who has diverted his income for the purpose of computing tax
R 5,00,001 to R 10,00,000 20%
liability [Refer Table 2]
Above R 10,00,000 30%

The Chartered Accountant Student January 2022 21


INCOME TAX LAW
Step 10 – Surcharge and rebate respect of their TI (other than income chargeable to tax at special
Surcharge rates under Chapter XII) at following concessional rates, if they do
not avail certain exemptions/dedns like LTC, std deduction under the
S. Particulars Rate of
No. surcharge head “Salaries”, int. on housing loan on self-occupied property, dedns
on under Chapter VI-A (other than 80CCD(2) or section 80JJAA), set-
income- off of b/f loss or depr., if they relate to any of the above dedns, set-off
tax of loss from house property against income under any other head,
(i) Where the TI (including dividend income and 10% etc. –
capital gains chargeable to tax u/s 111A and Total Income Tax rate
112A) > R 50 lakhs but ≤ R 1 crore
(i) Upto R 2,50,000 Nil
(ii) Where TI (including dividend income and 15%
capital gains chargeable to tax u/s 111A and (ii) From R 2,50,001 to R 5,00,000 5%
112A) > R 1 crore but ≤ R 2 croree (iii) From R 5,00,001 to R 7,50,000 10%
(iii) Where TI (excluding dividend income and 25% (iv) From R 7,50,001 to R 10,00,000 15%
capital gains chargeable to tax u/s 111A and
112A) > R 2 crore but ≤ R 5 crore (v) From R 10,00,001 to R 12,50,000 20%
The rate of surcharge on the income-tax payable Not
(vi) From R 12,50,001 to R 15,00,000 25%
on the portion of dividend income and capital exceeding
gains chargeable to tax u/s 111A and 112A 15% (vii) Above R 15,00,000 30%
(iv) Where TI (excluding dividend income and 37% Surcharge would be attracted at the same rates and above the same
capital gains chargeable to tax u/s 111A and
thresholds of TI as under the regular provisions of the Income-tax
112A) > R 5 crore
Act, 1961. Further, HEC @4% would be attracted on income-tax so
Rate of surcharge on the income-tax payable Not calculated plus surcharge, if applicable.
on the portion of dividend income and capital exceeding
Examine the tax liability computed under the regular provisions of
gains chargeable to tax u/s 111A and 112A 15%
the Act (including provisions relating to AMT, if applicable) with the
(v) Where TI (including dividend income and 15% tax liability computed u/s 115BAC. Thereafter, if tax liability is lower
capital gains chargeable to tax u/s 111A and as per the provisions u/s 115BAC, then opt to pay tax as per section
112A) > R 2 crore in cases not covered under
115BAC.
(iii) and (iv) above
Note - If an individual having income from business or profession
Rebate under section 87A: Rebate of up to R 12,500 for resident
individuals having total income of up to R 5 lakh exercises option to pay tax u/s 115BAC in a P.Y., then, the said
However, rebate u/s 87A is not available in respect of tax payable provisions would apply for all subsequent PYs.
@10% on long-term capital gains taxable u/s 112A. An individual not having income from business or profession can
exercise the option to pay tax u/s 115BAC for each P.Y. He may
Step 11 – Health and education cess on income-tax exercise the option in a particular P.Y., but may not do so in another
P.Y., depending on whether or not exercising the option is beneficial to
Health and Education 4% of income-tax and surcharge, if
cess applicable him in the respective P.Y.

Total Tax = Tax on total + Surcharge, at + HEC@4% Step 14 – Credit for advance tax, TDS and TCS
Liability income at applicable rates, Net Tax Liability = Total tax liability - TDS - TCS - Advance tax paid
applicable if total income > [Refer Table 5 for advance tax]
rates R 50 lakhs, or
- Rebate u/s 87A, Step 15 – Tax payable/ tax refundable
if total income ≤ • Net tax liability should be rounded off to the nearest multiple of
R 5 lakh R10.
• The assessee has to pay the amt of tax payable (called self-
Step 12 – Examine the applicability of AMT assessment tax) at the time of filing of return of income
• If an individual is claiming dedn u/s 10AA or u/s 35AD or section • If any refund is due, assessee will get the same after filing the
80JJAA, 80QQB & 80RRB and his adjusted TI exceeds R20 lakhs, return of income.
AMT provisions will apply.
• Compute AMT [18.5% of adjusted TI plus surcharge, if applicable Step 16 - Return of income
plus HEC @4%] The Income-tax Act, 1961 contains provisions for filing of return of
• If AMT > tax computed as per regular provisions, adjusted TI income. Return of income is the format in which the assessee furnishes
would be deemed to be TI. information as to his total income and tax payable. The Act has prescribed
• Tax is leviable @18.5% of adjusted total income plus surcharge, if due dates for filing return of income in case of different assessees. An
applicable plus HEC @4% individual is required to file a return of income in the prescribed form
• Tax credit to be c/f = AMT less tax computed as per regular (ITR 1/2/3/4, as the case may be, as applicable to him) if his total income
provisions exceeds the basic exemption limit or he fulfills certain other conditions.
• Individuals exercising option u/s 115BAC are not liable to
alternate minimum tax u/s 115JC.

Step 13 – Examine whether or not to exercise the option


under section 115BAC for availing concessional tax slab
rates
As per section 115BAC, individuals have an option to pay tax in
22 January 2022 The Chartered Accountant Student
INCOME TAX LAW
Fig 1

Determination of Residential Status of an Individual

Individual

Has he stayed in India Yes


NR
< 60 days in the RPY?

No

Yes Has he stayed in


Resident India ≥ 182 days
in the RPY?

No

Has he left India during Yes


Is he a NR in any NR
Yes the RPY for employment
9 IPPYs out of
RNOR OR as Crew Member of
10 IPPYs?
an Indian Ship?
No
No No
Is his total
Is he an Indian Citizen income, other
Has he stayed in or a Person of Indian Yes than income from No
Yes India for ≤ 729 Origin visiting India foreign sources >
days during the 7 during the RPY? R15 lakhs?
IPPYs?
No Yes

No Has he stayed in Is his stay in India


Yes India for ≥ 365 during RPY ≥ 120
days during the 4 days + his stay
ROR IPPYs? in 4 IPPYs ≥ 365
days?
No
Yes
NR
RNOR

Deemed resident [Section 6(1A)] - An individual, being an Indian citizen, having TI (other than the income from foreign sources) > R 15
lakhs during the RPY would be deemed to be resident in India in that PY, if he is not liable to pay tax in any other country or territory by reason
of his domicile or residence or any other criteria of similar nature. A deemed resident u/s 6(1A) would always be a RNOR.
Note – If an individual is a resident in India in the PY as per section 6(1), then, the provision of deemed resident u/s 6(1A) would not apply to
him.

Abbreviations used in the Fig 1


IPPYs = Immediately Preceding Previous Years RPY = Relevant Previous Year
RNOR = Resident but Not Ordinarily Resident NR = Non-resident
ROR = Resident and Ordinarily Resident

The Chartered Accountant Student January 2022 23


INCOME TAX LAW
Table 2

Income of other persons included in assessee's total income

Section Income to be clubbed Contents


60 Income transferred w/o transfer When a person transfers the income accruing to an asset w/o transfer of the asset itself,
of asset such income is to be included in the TI of the transferor, whether the transfer is revocable
or irrevocable.
61 Income arising from revocable Such income is to be included in the hands of the transferor.
transfer of assets A transfer is deemed to be revocable if it –
(i) contains any provision for re-transfer of the whole or any part of the income or
assets to the transferor; or
(ii) gives right to re-assume power over the whole or any part of the income or the asset.
64(1)(ii) Income arising to spouse by way Such income arising to spouse is to be included in the TI of the individual.
of remuneration from a concern
in which the individual has However, if remuneration received is attributable to the application of technical or
substantial interest professional knowledge and experience of spouse, then, such income is not to be clubbed.
64(1)(iv) Income arising to spouse from Income arising from an asset (other than house property) transferred otherwise than for
assets transferred w/o adequate adequate consideration or not in connection with an agreement to live apart, from one
consideration spouse to another shall be included in the TI of the transferor.
However, this provision will not apply in the case of transfer of house property, since the
transferor-spouse would be the deemed owner as per section 27.
64(1)(vi) Income arising to son’s wife from Income arising from an asset transferred otherwise than for adequate consideration, by
an asset transferred w/o adequate an individual to his or her son’s wife shall be included in the TI of the transferor.
consideration
64(1)(vii)/ Income arising from transfer of All income arising to any person or AoPs from assets transferred w/o adequate
64(1)(viii) assets for the benefit of spouse or consideration is includible in the income of the transferor, to the extent such income is
son’s wife used by the transferee for the immediate or deferred benefit of the transferor’s spouse
or son’s wife.
64(1A) Income of minor child All income arising or accruing to a minor child (including a minor married daughter)
shall be included in the TI of his or her parent.
The income of the minor child shall be included with the income of that parent, whose
TI, before including minor’s income, is higher.
Where the marriage of the parents does not subsist, the income of the minor will be
includible in the income of that parent who maintains the minor child in the relevant
previous year.
The parent, in whose TI, the income of the minor child or children are included, shall
be entitled to exemption of such income subject to a maximum of R1,500 per child u/s
10(32).
The following income of a minor child shall, however, not be clubbed in the hands of his
or her parent -
(a) Income from manual work done by him or activity involving application of minor’s
skill, talent or specialised knowledge and experience; and
(b) Income of a minor child suffering from any disability specified in section 80U.
In case the asset transferred to a minor child (not being a minor married daughter)
w/o consideration or for inadequate consideration is house property, then, by virtue
of section 27(i), the transferor-parent will be the deemed owner of the house property.
Consequently, clubbing provisions u/s 64(1A) would not be attracted in respect of such
income, due to which the benefit of exemption u/s 10(32) cannot be availed against such
income.
However, if the house property is transferred by a parent to his or her minor married
daughter w/o consideration or for inadequate consideration, then, section 27(i) is not
attracted. In such a case, the income from house property will be included u/s 64(1A)
in the hands of that parent, whose total income before including minor child’s income
is higher; and benefit of exemption u/s 10(32) can be availed by that parent in respect of
the income so included.
64(2) Conversion of self-acquired Where an individual, who is a member of the HUF, converts his individual property
property into the property of a into property of the HUF of which he is a member, directly or indirectly, to the family
HUF otherwise than for adequate consideration, the income from such property shall continue
to be included in the total income of the individual.
Where the converted property has been partitioned, either by way of total or partial
partition, the income derived from such converted property as is received by the spouse
on partition shall also be included in the total income of the individual who effected the
conversion of such property.
Note: ‘Income’ includes ‘loss’. Therefore, clubbing provisions would be attracted in all the above cases, even if there is a loss and not income.

24 January 2022 The Chartered Accountant Student


INCOME TAX LAW
Fig 3

Set Off and Carry Forward & Set Off of Losses

Inter-source set-off of losses is allowed under Inter-head adjustment is Carry forward and set-off of
the same head of income [Section 70] allowed [Section 71] brought forward losses

Unabsorbed loss from house property


can be carried forward for maximum
8 AYs for set-off against income from
Exceptions Exceptions house property [Section 71B]

Unabsorbed business loss can be


carried forward for maximum 8 AYs for
set-off against profits and gains from
business or profession [Section 72]

Loss from Long term Loss under the Speculation Unabsorbed loss from speculation
speculative capital loss head “Profits loss, loss from business can be carried forward for
business can can be set and gains of specified maximum 4 AYs for set-off against
be set off off only business or business u/s income from speculation business
only against against profession” 35AD and loss [Section 73]
profits from LTCG cannot be set from the activity
any other off against of owning and
speculative income under maintaining race Unabsorbed loss from specified
business the head horses cannot business u/s 35AD can be carried
“Salaries” be set-off against forward for indefinite period for set-
income under off against profit from any specified
any other head business [Section 73A]
Loss from Loss from
specified business the activity of
u/s 35AD can be owning and Unabsorbed long-term capital loss
set off against maintaining race Loss under the Loss from house can be carried forward for maximum
profits from any horses can be head “Capital property can be 8 AYs for set-off against long-term
other specified set off against gains” cannot be set off against capital gains [Section 74]
business income from set-off against income under any
the activity of income under other head only
owning and Unabsorbed short-term capital loss
any other head. to the extent of can be carried forward for maximum
maintaining race ` 2 lakhs
horses 8 AYs for set-off against capital gains
[Section 74]

Unabsorbed loss from the activity of


owning and maintaining race horses
can be carried forward for maximum
4 AYs for set-off against income from
the activity of owning and maintaining
race horses [Section 74A]

Unabsorbed depreciation can be


carried forward for indefinite period
for set-off against income under any
head other than salaries
[Section 32(2)]

Order of set-off of losses by an Individual


1. Current year depreciation and current year capital expenditure on scientific research, to the extent allowed.
2. Brought forward loss from business/profession [Section 72(1)].
3. Unabsorbed depreciation [Section 32(2)].
4. Unabsorbed capital expenditure on scientific research [Section 35(4)].
Note - As per section 80, filing of loss return u/s 139(3) within the due date specified u/s 139(1) is mandatory for carry forward of the above
losses except loss from house property and unabsorbed depreciation.

The Chartered Accountant Student January 2022 25


INCOME TAX LAW
Table 4

Deductions from gross total income – Chapter VI-A

Deductions in respect of certain payments


Section Eligible Assessee Eligible Payments Permissible Deduction
80C Individual or HUF Contribution to PPF, Payment of LIC premium, etc.
Sums paid or deposited in the previous year by way of
- Life insurance premium
- Contribution to PPF/ SPF/ RPF and approved
superannuation fund Sum paid or deposited, subject
- Repayment of housing loan taken from Govt., bank, to a maximum of R1,50,000
LIC, specified employer etc.
- Tuition fees to any Indian university, college, school
for full-time education of any two children
- Term deposit for a fixed period of not less than 5
years with scheduled bank
- Subscription to notified bonds of NABARD
- Five year post office time deposit
- Senior Citizen’s Savings Scheme Account etc.
- Contribution by Central Govt. employee to
additional account (Tier II A/c) of NPS referred to
u/s 80CCD
80CCC Individual Contribution to certain pension funds Amount paid or deposited, subject to a
Any amount paid or deposited to keep in force a contract maximum of R1,50,000
for any annuity plan of LIC of India or any other insurer
for receiving pension from the fund.
80CCD Individuals Contribution to Pension Scheme of Central Employee’s Contribution/ Individual’
employed by Government Contribution
the Central An individual employed by the Central Government In case of a salaried individual, deduction of
Government or any on or after 1.1.2004 or any other employer or any other own contribution u/s 80CCD(1) is restricted to
other employer; assessee, being an individual, who has paid or deposited 10% of his salary.
Any other any amount in his account under a notified pension In any other case, deduction u/s 80CCD(1) is
individual assessee. scheme [to his individual pension account [Tier I A/c] restricted to 20% of gross total income.
under National Pension Scheme & Atal Pension Yojana] Further, additional deduction of upto R 50,000
is available u/s 80CCD(1B).
Employer’s Contribution
The entire employer’s contribution would be
included in the salary of the employee. The
deduction of employer’s contribution u/s
80CCD(2) would be restricted to 14% of salary,
where the employer is the Central Government;
and 10%, in case of any other employer.
Note: As per section 80CCE, maximum permissible deduction u/s 80C, 80CCC & 80CCD(1) is R1,50,000. However, the limit
R1.50 lakh u/s 80CCE does not apply to deduction u/s 80CCD(2) and 80CCD(1B).
80D Individual or HUF Medical Insurance Premium
(1) Any premium paid, otherwise than by way of cash,
to keep in force an insurance on the health of –
in case of an self, spouse and
individual dependent children Maximum R 25,000 (R 50,000, in case the
in case of HUF family member individual or his or her spouse is a senior
citizen)
(2) In case of an individual, contribution, otherwise than
by way of cash, to CGHS or any other scheme as
notified by Central Government.
(3) Any premium paid, otherwise than by way of cash, to
keep in force an insurance on the health of parents, Maximum R 25,000 (R 50,000, in case either
whether or not dependent on the individual. or both of the parents are senior citizen(s))
Notes:
(i) Any amount paid, otherwise than by way of cash, Amount paid subject to a cap of R 50,000 (in
on account of medical expenditure incurred on the case one parent is a senior citizen, in respect of
health of the assessee or his family member or his whom insurance premium is paid, and the other
parent, who is a senior citizen and no amount has is a senior citizen on whom medical expenditure
been paid to effect or to keep in force an insurance on is incurred, the total deduction cannot exceed
the health of such person. R 50,000)
(ii) Payment, including cash payment, for preventive Amount paid subject to a cap of R5,000, in
health check up of himself, spouse, dependent aggregate (subject to the overall individual
children and parents. limits of R 25,000 / R 50,000, as the case may be)

26 January 2022 The Chartered Accountant Student


INCOME TAX LAW

80DD Resident Individual Maintenance including medical treatment of a Flat deduction of R 75,000.
or HUF dependant disabled In case of severe disability (i.e. person with 80%
Any amount incurred for the medical treatment or more disability) the flat deduction shall be
(including nursing), training and rehabilitation of a R 1,25,000.
dependent disabled
and / or
Any amount paid or deposited under the scheme
framed in this behalf by the LIC or any other insurer or
Administrator or Specified Company and approved by
Board.
Meaning of Dependant
(1) (2)
In case of Dependent
An individual Spouse, children, parents, brothers,
sisters
A HUF Any member
Persons mentioned in column (2) should be wholly
or mainly dependant on the person mentioned in
corresponding column (1) for support and maintenance.
Such persons should not have claimed deduction u/s 80U
in computing TI of that year.
80DDB Resident Individual Deduction for medical treatment of specified diseases Actual sum paid or R40,000 (R1,00,000, if the
or HUF or ailments payment is for medical treatment of a senior
Amount paid for specified diseases or ailment citizen), whichever is less,
minus
Assessee Amount spent the amount received from the insurance
An For himself or his dependant being company or reimbursed by the employer.
individual spouse, children, parents, brothers or
sisters wholly or mainly dependant
on the individual for support and
maintenance
A HUF For any member
80E Individual Interest on loan taken for higher education The dedn is available for interest payment in
Interest on loan taken from any financial institution or the initial A.Y. (year of commencement of
approved charitable institution. interest payment) and seven A.Y. immediately
succeeding the initial A.Y.
Such loan is taken for pursuing his higher education (or)
or higher education of his or her relative i.e., spouse or until the interest is paid in full by the assessee,
children of the individual or the student for whom the whichever is earlier.
individual is the legal guardian.
80EE Individual Deduction for interest on loan borrowed from any Deduction of upto R50,000 would be allowed in
financial institution [bank/housing finance company respect of interest on loan taken from a financial
(HFC)] for acquisition of residential house property institution (FI).
Conditions:
(1) Loan should be sanctioned during P.Y.2016-17
(2) Loan sanctioned ≤ R 35 lakhs
(3) Value of house ≤ R 50 lakhs
(4) The assessee should not own any residential
house on the date of sanction of loan.
80EEA Individual Deduction in respect of interest payable on loan Dedn of upto R1,50,000 would be allowed in
taken from a FI (bank or HFC) for acquisition of respect of interest payable on loan taken from a
residential house property FI for acquisition of house property.
(In case the property is self-occupied, the dedn would be Conditions:
over and above the dedn of R 2 lakhs u/s 24) (1) Loan should be sanctioned by a FI during
the period between 1st April 2019 to 31st
March 2022.
(2) Stamp Duty Value of house ≤ R 45 lakhs
(3) The individual should not own any
residential house on the date of sanction
of loan.
(4) The individual should not be eligible to
claim deduction u/s 80EE.

The Chartered Accountant Student January 2022 27


INCOME TAX LAW
80EEB Individual Deduction in respect of interest payable on loan taken Dedn of upto R 1,50,000 would be allowed in
from a FI (bank or certain NBFCs) for purchase of respect of interest payable on loan taken for
electric vehicle
purchase of electric vehicle.
Loan should be sanctioned by a FI during the
period from 1.4.2019 to 31.3.2023
80G All assessees Donations to certain funds, charitable institutions etc.
There are four categories of deductions –
Category Donee
(I) 100% deduction of amount donated, Prime Minister’s National Relief Fund, National Children’s
without any qualifying limit Fund, Swachh Bharat Kosh, National Defence Fund, PM
CARES Fund etc.
(II) 50% deduction of amount donated, Prime Minister’s Drought Relief Fund, Jawaharlal Nehru
without any qualifying limit Memorial Fund, Indira Gandhi Memorial Trust, Rajiv
Gandhi Foundation.
(III) 100% deduction of amount donated, Government or local authority, institution for promotion of
subject to qualifying limit family planning etc.
(IV) 50% deduction of amount donated, Government or any local authority to be used for charitable
subject to qualifying limit. purpose, other than promotion of family planning, notified
temple, church, gurudwara, mosque etc.

Calculation of Qualifying limit for Category III & IV donations:


Step 1: Compute adjusted total income, i.e., the gross total income as reduced by the following:
1. Deductions under Chapter VI-A, except u/s 80G
2. Short term capital gains taxable u/s 111A
3. Long term capital gains taxable u/s 112 & 112A
Step 2: Calculate 10% of adjusted total income.
Step 3: Calculate the actual donation, which is subject to qualifying limit
Step 4: Lower of Step 2 or Step 3 is the maximum permissible deduction.
Step 5: The said deduction is adjusted first against donations qualifying for 100% deduction (i.e., Category III
donations). Thereafter, 50% of balance qualifies for deduction u/s 80G.
Note - No deduction shall be allowed for donation in excess of R 2,000, if paid in cash.
80GG Individual not in Rent paid for residential accommodation Least of the following is allowable as deduction:
receipt of house rent (1) 25% of total income;
allowance (2) Rent paid – 10% of total income
(3) R 5,000 p.m.
No dednn if any residential accommodation is
owned by the assessee/his spouse/minor child/
HUF at the place where he ordinarily resides or
performs the duties of his office or employment or
carries on his business or profession.
80GGC Any person, other Contributions to political parties Actual contribution
than local authority Amount contributed to a registered political party or an (otherwise than by way of cash)
and an artificial electoral trust.
juridical person
funded by the
Government.
Deductions in respect of certain incomes
As per section 80AC, furnishing return of income on or before due date is mandatory for claiming deduction in respect of certain incomes.
Section Eligible Assessee Eligible Income Permissible Deduction
80JJAA An assessee to Deduction in respect of employment of new employees 30% of additional employee cost incurred in the
whom section 44AB previous year.
applies, whose Deduction is allowable for 3 assessment years
Gross total income including assessment year relevant to the
includes profits and previous year in which such employment is
gains derived from provided.
business For conditions to be satisfied, read Chapter 7 of
the Study Material.
80QQB Resident individual, Royalty income, etc., of authors of certain books other Income derived in the exercise of profession or
being an author than text books R 3,00,000, whichever is less.
Consideration for assignment or grant of any of his In respect of royalty or copyright fee received
interests in the copyright of any book, being a work of otherwise than by way of lumpsum, income
literary, artistic or scientific nature or royalty or copyright to be restricted to 15% of value of books sold
fee received as lumpsum or otherwise. during the relevant previous year.

28 January 2022 The Chartered Accountant Student


INCOME TAX LAW
80RRB Resident individual, Royalty on patents Whole of such income or R 3,00,000, whichever
being a patentee Any income by way of royalty on patents registered on or is less.
after 1.4.2003
Deductions in respect of Other Income
Section Eligible Assessee Eligible Income Permissible Deduction
80TTA Individual or a HUF, Interest on deposits in savings account Actual interest subject to a maximum of
other than a resident Interest on deposits in a savings account with a bank, R 10,000.
senior citizen a co-operative society or a post office (not being time
deposits, which are repayable on expiry of fixed periods)
Resident senior Interest on deposits (both fixed deposits and saving Actual interest or R 50,000, whichever is less.
80TTB citizen (i.e. an accounts) with banking company, co-operative society
individual of the age engaged in the business of banking or a post office.
of 60 years or more at
any time during the
previous year)
Other Deductions
Section Eligible Assessee Condition for deduction Permissible Deduction
80U Resident Individual Deduction in case of a person with disability Flat deduction of R 75,000, in case of a person
Any person, who is certified by the medical authority to with disability.
be a person with disability. Flat deduction of R 1,25,000, in case of a person
with severe disability (80% or more disability).

Table 5

Advance payment of tax

Liability for payment of advance tax [Sections 207 & 208]


• Tax shall be payable in advance during any F.Y. in respect of the TI of an individual which would be chargeable to tax for the A.Y.
immediately following that F.Y.
• Advance tax is payable during a F.Y. in every case where the amt of such tax payable by an individual during the year is R 10,000 or more.
• However, an individual resident in India of the age of 60 years or more at any time during the P.Y., who does not have any income
chargeable under PGBP, is not liable to pay advance tax.
Instalments of advance tax and due dates [Section 211]
Advance tax payment schedule for individuals (other than an individual computing profits on presumptive basis u/s 44AD or
section 44ADA) – Four instalments
Due date of instalment Amt payable
On or before 15 June
th
Not less than 15% of advance tax liability.
On or before 15th September Not less than 45% of advance tax liability (-) amt paid in earlier instalment.
On or before 15 December
th
Not less than 75% of advance tax liability (-) amt paid in earlier instalment or instalments.
On or before 15th March The whole amt of advance tax liability (-) amt paid in earlier instalment or instalments.
Advance tax payment by individuals computing profits on presumptive basis u/s 44AD(1) or 44ADA(1)
An eligible assessee, being an individual opting for computation of profits or gains of business or profession on presumptive basis in respect
of eligible business referred to in section 44AD(1) or in respect of eligible profession referred to in section 44ADA(1), shall be required to
pay advance tax of the whole amt on or before 15th March of the F.Y.
However, any amt paid by way of advance tax on or before 31st March shall also be treated as advance tax paid during the F.Y. ending on
that day.
Interest for defaults in payment of advance tax [Section 234B]
(1) Interest u/s 234B is attracted for non-payment of advance tax or payment of advance tax of an amt less than 90% of assessed
tax.
(2) The interest liability would be 1% per month or part of the month from 1st April following the F.Y. upto the date of determination
of TI u/s 143(1) and where regular assessment is made, upto the date of such regular assessment.
(3) Such interest is calculated on the amt of difference between the assessed tax and the advance tax paid.
(4) “Assessed tax” means the tax on TI determined u/s 143(1)/under regular assessment, as the case may be, less TDS & TCS, any
relief of tax allowed u/s 89, any tax credit allowed to be set off in accordance with the provisions of section 115JD.
(5) Where self-assessment tax is paid by the assessee u/s 140A or otherwise, interest shall be calculated upto the date of payt of such tax
and reduced by the interest, if any, paid u/s 140A towards the interest chargeable under this section.

The Chartered Accountant Student January 2022 29


INCOME TAX LAW
Interest for deferment of advance tax [Section 234C]
(a) Manner of computation of interest u/s 234C for deferment of advance tax by an assessee, being an individual:
In case an individual, other than an individual who declares profits and gains in accordance with the provisions of section 44AD(1) or
section 44ADA(1), who is liable to pay advance tax u/s 208 has failed to pay such tax or the advance tax paid by such assessee on his
current income on or before the dates specified in column (1) below is less than the specified percentage [given in column (2) below]
of tax due on returned income, then simple interest@1% per month for the period specified in column (4) on the amt of shortfall, as
per column (3) is leviable u/s 234C.
Specified date Specified % Shortfall in advance tax Period
(1) (2) (3) (4)
15th June 15% 15% of tax due on returned income (-) advance tax paid up to 15th June 3 months
15th September 45% 45% of tax due on returned income (-) advance tax paid up to 15th September 3 months
15th December 75% 75% of tax due on returned income (-) advance tax paid up to 15th December 3 months
15th March 100% 100% of tax due on returned income (-) advance tax paid up to 15th March 1 month
Note – However, if the advance tax paid by the individual on the current income, on or before 15th June or 15th September, is not
less than 12% or 36% of the tax due on the returned income, respectively, then, the assessee shall not be liable to pay any interest
on the amt of the shortfall on those dates.
Tax due on returned income = Tax chargeable on TI declared in the return of income – TDS – TCS - any relief of tax allowed u/s
89 - any tax credit allowed to be set off in accordance with section 115JD
(b) Computation of interest u/s 234C in case of an individual who declares profits and gains in accordance with the provisions of
section 44AD(1) or 44ADA(1):
In case an assessee, being an individual who declares profits and gains in accordance with the provisions of section 44AD(1) or
44ADA(1), who is liable to pay advance tax u/s 208 has –
- failed to pay such tax or
- the advance tax paid by the individual on his current income on or before 15th March is less than the tax due on the returned
income,
then, the assessee shall be liable to pay simple interest at the rate of 1% on the amt of the shortfall from the tax due on the returned
income.
(c) Non-applicability of interest u/s 234C in certain cases:
Interest u/s 234C shall not be leviable in respect of any shortfall in payment of tax due on returned income, where such shortfall is
on account of underestimate or failure to estimate –
(i) the amt of capital gains;
(ii) income of nature referred to in section 2(24)(ix) i.e., winnings from lotteries, crossword puzzles etc.;
(iii) income under the head “PGBP” in cases where the income accrues or arises under the said head for the first time.
(iv) the amount of dividend income u/s 2(22)(a)/(b)/(c)/(d)
However, the assessee should have paid the whole of the amt of tax payable in respect of such income referred to in (i), (ii) (iii) and
(iv), as the case may be, had such income been a part of the TI, as part of the remaining instalments of advance tax which are due
or where no such instalments are due, by 31st March of the F.Y.

CROSSWORD SOLUTION – DECEMBER 2021


1 2 3
B O U R4 S 5
E 6
M 7
O U 8
S 9
E
10 11 12
O T I S C I I F A S
13 14 15 16
O T E Z L A C O N G O
17 18 19
K A M C A R E P
20 21 22 23
I W A I U E
24 25 26 27 28 29
N A T I O N A L F D I
30 31
G F M O E E C N
32 33 34 35
L G S V I O W
36 37 38
C O N S O R T I U M A
39 40 41 42
M N I U I I A I R
43 44 45 46
E G T N E N D O S D
47 48
A K P M G T I S S

30 January 2022 The Chartered Accountant Student


BUSINESS ECONOMICS
CA FOUNDATION - PAPER 4 (PART 1) - BUSINESS ECONOMICS
• Economics deals with problems and questions that affect almost all kinds of individuals in their capacities as consumers
and producers. Therefore, economic literacy is essential for everyone.
• Business Economics may be defined as the use of economic analysis to make business decisions involving the best use of
an organization’s scarce resources.
• Students are advised to read the capsule for understanding of the concepts. The graphs and charts will assist them in
revision of concept discussed in study material in minimum time.

BUSINESS ECONOMICS
NATURE AND SCOPE OF
BUSINESS ECONOMICS The scope 1.Internal issues or
There are two
of Business operational issues (this
categories
Economics is can be solved using
of business
quite wide. It Micro Economics)
issues to which
Nature covers most of 2.External issues
Definition Scope economic
the practical or environmental
• A Science theories can
problems a issues (this can be
• Based on Micro be directly
manager or a solved using Macro
Micro Macro Economics applied,
firm faces. Economics)
Economics Economics • Incroporates elements
of Macro Economics
• An Art
• Pragmatic Microeconomics applied to Internal or Operational Issues
• Normative  Demand Analysis and Forecasting
 Production and Cost Analysis
 Inventory Management
 Market Structure and Pricing Policies
 Resource Allocation
The book named ‘An These two fundamental  Theory of Capital and Investment Decisions
Inquiry into the Nature facts are:  Profit Analysis
and Causes of the Wealth • Human beings have  Risk and Uncertainty Analysis
of Nations’ (1776) unlimited wants
usually abbreviated as • ‘The means to satisfy
‘The Wealth of Nations’, these unlimited wants Macroeconomics applied to External or Environmental Issues
by Adam Smith is are relatively scarce’  The type of economic system
considered as the from the subject  Stage of business cycle
first modern work of matter of Economics  The general trends in national income, employment, prices,
Economics. saving and investment.
 Government’s economic policies like industrial policy,
competition policy, and fiscal policy, foreign trade policy and
Micro Economics In Macro-Economics, While Business globalization policies.
is basically we study the behaviour Economics
 Working of central banks and financial sector and capital
the study of of the large economic is basically
market and their regulation.
the behaviour aggregates, such as, the concerned
of different overall levels of output with Micro  Socio-economic organisations like trade unions, producer and
individuals and and employment, Economics, consumer unions and cooperatives.
organizations total consumption, Macro economic  Social and political environment.
within an total saving and total analysis also has
economic system investment, exports, got an important
imports and foreign role to play Business decisions cannot be taken without considering
investment and also these present and future environmental factors. As the
how these aggregates management of the firm has no control over these factors, it
shift over time should fine-tune its policies to minimise their adverse effects.

Nature of Business Economics BASIC PROBLEMS OF AN ECONOMY


• Business Economics is a Science
• Based on Microeconomics What to produce?
• Incorporates elements of Macro Analysis
• Business Economics is also an Art What provisions
Central
• Use of Theory of Markets and Private Enterprises How to are to be made
Economic
• Pragmatic in Approach produce? for economic
Problem
• Interdisciplinary in Nature growth?
• Normative in Nature
For whom to produce?

The Chartered Accountant Student January 2022 31


BUSINESS ECONOMICS

Capitalist Economy

Socialist Economy

Mixed Economy
• Private property • The resources • In a mixed
is the mainstay of are allocated economy, the
capitalism and profit according to the aim is to develop
motive is its driving commands of a a system which
force. Decisions central planning tries to include
of consumers and authority and the best features
businesses determine therefore, market of both the
economic activity. forces have no role controlled
Some examples of a in the allocation of economy and the
capitalist economy resources market economy
may include United while excluding
States and United the demerits of
Kingdom, Hong both
Kong, South Korea
etc

MEANING OF DEMAND Elasticity Of Demand


 Elasticity of demand is defined as the responsiveness of
the quantity demanded of a good to changes in one of the
Demand means desire or wish to buy and consume a commodity variables on which demand depends.
or service backed by adequate ability to pay and willingness to pay.

According to Price Elasticity of Demand


Marshall, the  Price elasticity of demand expresses the responsiveness of
demand curve quantity demanded of a good to a change in its price, given
slopes downwards the consumer’s income, his tastes and prices of all other
due to the goods.
The law of demand states that people will operation of the
buy more at lower prices and less at higher law of diminishing
prices, other things being equal. marginal utility. Point Elasticity
However, according
to Hicks and  The point elasticity of demand is the price elasticity of
Allen it is due to demand at a particular point on the demand curve.
income effect and
substitution effect.
Arc Elasticity
The demand curve The demand curve A demand schedule
 When price and quantity changes are discrete and large, we
usually slopes will shift to the is a table that shows
have to measure elasticity over an arc of the demand curve.
downwards; but right when there various prices and
exceptionally is a rise in income the corresponding
slopes upwards (unless the good q u a n t i t i e s
under certain is an inferior one), demanded. The
Y D
circumstances a rise in the price demand schedules
as in the case of a substitute, a are of two types; P A
of conspicuous fall in the price of individual demand Arc Elasticity
goods, Giffen a complement, a schedule and B
goods, conspicuous rise in population market demand P1
Price

necessities, future and a change in schedule. D


expectations about tastes in favour of
prices, demand for commodity. The
necessaries and opposite changes
speculative goods. will shift the O
Q Q1 X
demand curve to
Quantity Demanded
the left.

32 January 2022 The Chartered Accountant Student


BUSINESS ECONOMICS
Ep = 0 Ep = 1 Ep = ∞
Y Y D Y
D

P D
Price

Price

Price
D

X X X
O Quantity O Quantity Quantity

Demand curve of zero Demand curve of unitary Demand curve of


elasticity elasticity infinite elasticity

Y Ep > 1 Ep < 1
Y D
D

P P
Price

Price
P1
D P1

X D
O O Q1 X
O Q Q1
Quantity Quantity

Demand curve of elasticity Demand curve of elasticity


greater than one less than one

Income Elasticity Of Demand Utility: The utility of a consumer is a measure of the satisfaction
The income elasticity of demand is a measure of how much the that the consumer expects to obtain from consumption of goods
demand for a good is affected changes in consumers’ incomes. and services when he spends money on a stock of commodity
which has the capacity to satisfy his want.
• Two important theories are (i) Marginal Utility Analysis
Cross - Price Elasticity Of Demand propounded by Alfred Marshall, and (ii) Indifference
The cross-price elasticity of demand between two goods measures Curve Analysis propounded by J R Hicks and R G D
the effect of the change in one good’s price on the quantity Allen.
demanded of the other good. • The law of diminishing marginal utility states that as a
consumer increases the consumption of a commodity,
every successive unit of the commodity gives lesser and
Demand Forecasting: lesser satisfaction to the consumer.
 Forecasting of demand is the art and science of predicting the • The indifference curve theory, which is an ordinal theory,
probable demand for a product or a service at some future shows the household’s preference between alternative
date on the basis of certain past behaviour patterns of some bundles of goods by means of indifference curves.
related events and the prevailing trends in the present. • The important properties of an Indifference curve are
 The commonly available techniques of demand forecasting Indifference curve slopes downwards to the right, it
are survey of buyers’ intentions, collective opinion method, is always convex to the origin, two ICs never intersect
expert opinion method, barometric method, and statistical each other, it will never touch the axes and higher the
methods such as trend projection method, graphical method, indifference curve higher is the level of satisfaction.
least square method, regression analysis, and market studies • The consumer attains equilibrium at the point where the
such as controlled experiments, and controlled laboratory budget line is tangent to the indifference curve and MUx
experiments. / Px =MUy /Py = MUz /Pz

The Chartered Accountant Student January 2022 33


BUSINESS ECONOMICS
Y Y S
P 5
R
S 4

N Q 3

Price
IC5
Good Y

IC4 2
T IC3
IC2 1
H S
IC1
O M L X 0 X
10 20 30 40 50 60 70
Good X
Quantity Supplied
(Consumer’s Equilibrium)

(Supply Curve)
Marshall defined the concept of consumer surplus as the “excess
of the price which a consumer would be willing to pay rather Price
than go without a thing over that which he actually does pay”, is Supply
called consumers surplus.”

D
Y E
3
Price & Marginal Utility

R
P
Demand

19 Quantity
D1
MU
O Q X Elasticity of supply means the responsiveness of supply to change
Amount of Commodity in the price of the commodity.

(Consumer Surplus)

• Budget line or price line shows all those combinations of two


Production and Cost
goods which the consumer can buy spending his given money
income on the two goods at their given prices. According to James Bates and J.R. Parkinson “Production is
• The slope of the budget line is determined by the relative prices the organized activity of transforming resources into finished
of the two goods. It is equal to ‘Price Ratio’ of two goods. i.e. PX products in the form of goods and services; and the objective
/PY i.e. It measures the rate at which the consumer can trade of production is to satisfy the demand of such transformed
one good for the other. resources”.
• When two goods are perfect substitutes of each other,
indifference curves for these two goods are straight, parallel
lines with a constant slope along the curve, or the indifference
curve has a constant MRS Labour
• Goods are perfect complements when a consumer is interested
in consuming only in fixed proportions. In such a case, the
indifference curve will consist of two straight lines with a right
angle bent which is convex to the origin, or in other words, it
will be L shaped.
Factors
• The term ‘supply’ refers to the amount of a good or service Land of Capital
that the producers are willing and able to offer to the market at production
various prices during a given period.
• The law of supply can be stated as: Other things remaining
constant, the quantity of a good produced and offered for sale
will increase as the price of the good rises and decrease as the
price falls.
Entrepreneur

34 January 2022 The Chartered Accountant Student


BUSINESS ECONOMICS

Land includes all those free natural resources whose supply The Law of Variable Proportions:
for the economy as a whole is fixed. The law states that as we increase the quantity of one input which is
combined with other fixed inputs, the marginal physical productivity
of the variable input must eventually decline.
Labour is all human efforts of body or of mind undergone
partly or wholly with a view to secure an income apart from H
the pleasure derived directly from the work.
Inflection Point TP

TP, AP, MP
Capital is that part of wealth of an individual or community
which is used for further production of wealth. Capital, a
stock concept, refers to produced means of production and
it comprises of man- made machines and materials which are F
Stage I Stage II Stage III
used for further production.
S

Entrepreneur is the person who organises business; initiates AP


production, remunerates other factors of production, O N M
introduces innovations and bears the risk and uncertainties of Variable Input MP
business.

Returns to Scale
The production function is a statement of the relationship
between a firm’s scarce resources (i.e., its inputs) and the The Law of returns to scale describes the relationship between
output that results from the use of these resources inputs and output in the long run when all inputs are changed in
the same proportion. Returns to scale may be constant, increasing
and decreasing.
Q = f (L, K). Where Q = Output L= Labour K= Capital • Constant returns to scale occur when the inputs increase by some
proportion and the output also increases by the same proportion.
It is also called linear homogeneous production function.
• Increasing returns to scale occur when the inputs increase
A famous statistical production function is Cobb-Douglas production by some proportion and the output increases more than
function.
proportionately.
Cobb-Douglas production function is stated as: Q = KLa C (1-a) • Decreasing returns to scale occur when the inputs increase
where ‘Q’ is output, ‘L’ the quantity of labour and ‘C’ the quantity of by some proportion and the output increases less than
capital. ‘K’ and ‘a’ are positive constants. proportionately.

ECONOMIC UPDATES
• RBI accepts working group recommendation to raise cap on macroeconomic situation, the Monetary Policy Committee at its
promoter stake to 26% in private banks from 15%. “The promoter, meeting on December 8, 2021, decided to keep the policy repo
if he/she so desires, can choose to bring down holding to even rate under the liquidity adjustment facility (LAF) unchanged at
below 26 percent, any time after the lock-in period of five years,”. 4.0 per cent: These decisions are in consonance with the objective
Source: https://www.moneycontrol.com/news/business/rbi- of achieving the medium-term target for consumer price index
accepts-working-group-recommendation-to-raise-cap-on- (CPI) inflation of 4 per cent within a band of +/- 2 per cent, while
promoter-stake-to-26-in-private-banks-from-15-7765471.html supporting growth.
• Remittance Flows Register Robust 7.3 Percent Growth in 2021 Source: https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.
This underscores the importance of remittances in providing a aspx?prid=52687
critical lifeline by supporting household spending on essential • The Reserve Bank of India has issued the Prompt Corrective
items such as food, health, and education during periods of Action (PCA) Framework for Non-Banking Financial Companies
economic hardship in migrants’ countries of origin. (NBFCs). The PCA Framework for NBFCs shall come into effect
Source: https://www.worldbank.org/en/news/press-release/ from October 1, 2022, based on the financial position of NBFCs
2021/11/17/remittance-flows-register-robust-7-3-percent- on or after March 31, 2022.
growth-in-2021 Source: https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.
• On the basis of an assessment of the current and evolving aspx?prid=52717

FINANCE UPDATES
SEBI’s mapping out a framework for special NSE Indices launches Nifty India Digital Index
stress funds Leading stock exchange NSE’s subsidiary, NSE Indices
Capital market regulator Securities Exchange Board of Limited, launched a digital index that will track the
India (SEBI) is pushing to create a special category of venture performance of companies exposed to the digital theme.
capital funds focusing on buying stressed loans from banks https://economictimes.indiatimes.com/markets/stocks/
and financial institutions is gathering pace. news/nse-indices-launches-nifty-india-digital-index/
https://economictimes.indiatimes.com/markets/stocks/ articleshow/88285848.cms
news/sebis-mapping-out-a-framework-for-special-stress-
funds/articleshow/88288151.cms
The Chartered Accountant Student January 2022 35
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Posting Date: Last Three Days of Advance Month (29th, 30th, 31st) and first four days of current month days/ dates only
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CROSSWORD - JANUARY 2022


Bank.
1 2 3 4 5 6 7 8 9 10
26. ____ is the global leader in providing small Grid
technology for utilities through and efficient reliable
11 12 13 14 15
& secure smart energy.
16 17 18 29. ______ is a library for advanced test to speech
generation.
19 20 21 32. An abbreviation for Python programming language
33. The Spanish origin, means the one who has
22 23 24 25 26 27
replaced someone.
34. A leading detergent, that has stood for progress and
28 29 30
innovation.
31 32 33 35. _____ had higher water-absorbing capacity, oil-
absorbing capacity.
34 35 36 37 38 39 40 36. It is simply the long, white linen tunic used by the
ancient Romans.
41 42 43 44
37. ____ is a condition that shows up during childhood,
causing difficulties with speech and seizures.
45 46 47 48
38. ______is hardware or software that is used to
49 50 51
store something, usually data, temporarily in a
computing environment.
52 53 39. A recovery mechanism for the creditors of a
corporate debtor.
40. Relating to the law.
46. A Navratna PSU under the Ministry of Power.
ACROSS registered with the Regional Transport
47. ______ is a theory of education regarding young
1. The action of tearing or cutting something into Office authorities
children.
shreds. 42. The common abbreviation for the Burger
8. Govt of India’s agency to ensure Food Security King chain of fast-food restaurants.
through Public Distribution System 43. A calculation on inflation and allowance
11. A multidimensional social security scheme for paid to government employees and
the workers of India. pensioners in India.
12. A potentially serious infectious disease 44. ______ was established to meet the
13. ___is proof of free possession of a property. industrial countries’ energy organization
15. A social news website focusing on computer needs in the wake of the 1973–1974 oil
science and entrepreneurship. crisis.
16. The world leader in business news and real- 45. A force that starts a body into motion.
time financial market coverage. 48. Abbre: Reading Group Guide
17. The main role is the recovery of funds from 49. A Welfare scheme brought into force to
borrowers which is payable to banks and secure a better future for employees.
financial institutions. 50. A provider of software and information
18. An intergovernmental economic organisation services for tax, accounting and audit
founded to stimulate economic progress and workers.
world trade. 51. Abbre: Pay and Account Office
19. _____is characterised by unreasonable 52. Permission to do something
thoughts and fears that lead to compulsive 53. A leading business newspaper.
behaviours.
20. A software programme required to manage DOWNWARD
and operate a computing device 1. Certain to remain safe and unthreatened.
21. A form of unconventional monetary policy in 2. Introduced for the systematic classification
which a central bank purchases longer-term of goods all over the world.
securities from the open market in order to 3. One of the curved bones of the chest that
increase the money supply and encourage are joined to the backbone.
lending and investment. 4. Abbre: Electronic Check Conversion
22. A person who is competing for the same object 5. One of the preferred courier brands in
or goal as another. India.
26. A tax system in which the people below a 6. An international financial institution
certain income are eligible for supplemental 7. An American multinational conglomerate
pay from the government rather than paying 9. A written bill of exchange that is written by
taxes. a bank account holder to pay for goods or
27. ______design is the process that design teams services
use to create products that provide meaningful 10. A sign or measure of something.
and relevant experiences to users. 14. The money that you have to pay for
28. To judge the value or condition of (someone or something.
something) in a careful and thoughtful way. 19. __________ & Company collaborates with
30. ____ Connectivity is an American Consumer individuals, institutions, and organisations
electronics company. at the intersection of art, design, activism,
31. Used to create time series objects and social justice to actualise.
34. _____are the goods that are being traded in 20. _____ file manager allows to browse SD
futures contracts card. If undelivered, please return to: The
38. A complete set of events that repeat 23. A soft, flexible tube placed inside a vein
themselves regularly in the same order, or a 24. A non-profit, nonpartisan organization that Institute of Chartered Accountants of
regularly repeated period of time. serves Vermont’s municipal officials. India, ICAI Bhawan, Indraprastha Marg,
41. A document that proves your vehicle is 25. _______ Foundation is a Non-Profit New Delhi-110104
Organisation in India and CSR arm of AU

36

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