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B U S I N E S S

Consumer panel seeks FM, RBI response
Illegal interest earnings by banks on floating funds

New Delhi, November 11
Taking a serious view of banks earning illegal interest on account holders’ money that remain “floating” with them in the transaction through cheques till credited in their accounts, the National Consumer Commission has sought replies from the Finance Ministry and RBI about the steps being taken by it to stop the illegal practice.

Hoteliers move North to avoid steep prices
Chandigarh, November 11
Due to rising land prices, setting up hotels in Chandigarh, Haryana and Punjab has become an uphill task. As a result entrepreneurs now head towards mountains since economically it is viable to construct hotels there.

FIPB approves Essar proposal
New Delhi, November 11
Foreign Investment Promotion Board (FIPB) is understood to have cleared the proposal from Essar Group today seeking to restructure the equity of telecom JV Hutchison Essar Ltd (HEL), which takes the foreign shareholding to the permissible limit of 74 per cent.

UK Co plans 40 hotels in India
Chandigarh, November 11
A British group is all set to establish 40 hotels across the country, including north India at Chandigarh, Amritsar and Jaipur.

Aviation Notes
Finnair impresses passengers with services
Debutant Finnair’s initial operations to and from Delhi have reinforced officials belief that increased flights, at least five a week, will be a rewarding exercise for both countries — India and Finland — in the twin-sectors of aviation and tourism.

Investor Guidance
Long-term capital loss can’t be set off against LTCG

Q: 1) During the current financial year if I incur any long-term capital gain (LTCG) selling debt-oriented mutual fund (MF) scheme, can I set off this gain against any long-term capital loss (LTCL) that I may incur in selling equity shares? 2) Can I switch the full sale value of the debt scheme of a MF scheme to ELSS scheme of the same AMC and claim benefit under Section80C? 3) My wife passed away in May 2003. In the MF schemes the holding is in our names, in either order self/wife and on either or survivor basis. I now wish to regularize this by requesting each AMC to remove her name and insert my son's name retaining the same a/c number. Some AMCs refuse to allow adding of my son's name, while others agree to do so. 

  • Resident status


 

 

Cricketer Mahendra Singh Dhoni presents a creation by Rohit Gandhi-Rahul Khanna's Cue in New Delhi
Cricketer Mahendra Singh Dhoni presents a creation by Rohit Gandhi-Rahul Khanna's Cue in New Delhi late on Friday. — AFP

 

   

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Consumer panel seeks FM, RBI response
Illegal interest earnings by banks on floating funds
S S Negi
Legal Correspondent

New Delhi, November 11
Taking a serious view of banks earning illegal interest on account holders’ money that remain “floating” with them in the transaction through cheques till credited in their accounts, the National Consumer Commission has sought replies from the Finance Ministry and RBI about the steps being taken by it to stop the illegal practice.

Even though the banks have formulated their own policy with regard to the “floating funds”, prima facie, it appears that the “credit is not given to the payee immediately and the interest thereon is also not paid, hence, the banks enjoy the said fund without paying any interest,” the National Consumer Disputes Redressal Commission said in its order.

In view of this practice going on for years, the Union Government and the RBI were required to state on affidavit by December 5 as what steps could be taken for minimising the loss to the account holders due to the delay in crediting cheques in their accounts, the commission’s Bench comprising its Chairperson Justice M B Shah and member Rajyalakshmi Rao said.

The RBI was further directed to furnish details whether the guidelines issued by it for fast clearance of cheques by the banks were being properly implemented.

The order was issued on Thursday on a special financial class litigation (SFCL), filed by Punjab’s former Additional Advocate-General Atul Nanda jointly with lawyer Rameeza Hakeem.

The commission also took on record the submission of the officers, representing different banks that in clearance of cheques though the credit was given to the account holders with the deposit of chaeques but withdrawal was not allowed till the amount was received on clearance from the concerned bank.

Mr Nanda in his SFCL had alleged that all 88 public sector and private banks in the country were not adhering to the RBI rules regarding clearing of cheques in time and in the process they were earning profit for themselves on consumers’ floating money.

Mr Nanda, basing his complaint on various committee reports and financial data, had stated that annual transaction through consumers’ cheques was put at Rs 1,13,37,000 crore by way of 13,000 lakh cheques issued by them.

The delay in crediting of these cheques resulted in Rs 620 crore “floating money” with the banks, which they used in their own transaction to earn interest as profit.

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Hoteliers move North to avoid steep prices
Saurabh Malik
Tribune News Service

Chandigarh, November 11
Due to rising land prices, setting up hotels in Chandigarh, Haryana and Punjab has become an uphill task. As a result entrepreneurs now head towards mountains since economically it is viable to construct hotels there.

Attending a three-day annual convention organised by the Federation of Hotel and Restaurant Associations of India (FHRAI), MD of Himani chain of hotels, Dinesh Kumar says the differences in the land prices between plains and the mountains is astronomical and the gap has been increasing at a steady rate during the past one or two years.

Quoting rough figures, he says the price of land for setting up a hotel in Chandigarh is Rs 1 lakh per square yard. But the same land in the posh and comparatively better connected city like Shimla in the neighbouring Himachal Pradesh is readily available at less Rs 10,000 per square yard.

Due to the high prices only builders or land promoters can now invest in new ventures, he adds.

Mr Gupta owns hotels in Shimla and Solan, besides his native place Chandigarh.

Talking to The Tribune, Mr Gupta says the governments and the UT Administration, too, have failed to play their part properly. “In its enthusiasm to earn more revenue, the UT Administration has not carved out any sites for two or three-star hotels for the past so many years”.

The FHRAI president, Mr Manbeer Choudhary, says otherwise also the situation is better in Himachal Pradesh as conversion charges are nil there. “As hotels, restaurants, resorts and clubs have to come up on prime locations, Punjab Governor-cum-UT Administrator Gen S.F. Rodrigues and Haryana Chief Minister Bhupinder Singh Hooda should consider our request of waiving off these charges,” he says. “This will only encourage investment to flow in”.

Mr Choudhary adds that the authorities concerned in both the states should also permit vertical expansion by allowing the hoteliers to raise their existing and proposed units for overcoming the accommodation shortage.

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FIPB approves Essar proposal

New Delhi, November 11
Foreign Investment Promotion Board (FIPB) is understood to have cleared the proposal from Essar Group today seeking to restructure the equity of telecom JV Hutchison Essar Ltd (HEL), which takes the foreign shareholding to the permissible limit of 74 per cent.

Official sources said the proposal of Essar, which was seeking to increase its equity held through foreign subsidiaries by 6.26 per cent to 22.04 per cent has been approved. — PTI

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UK Co plans 40 hotels in India

Chandigarh, November 11
A British group is all set to establish 40 hotels across the country, including north India at Chandigarh, Amritsar and Jaipur.

Mr Mandeep S. Lamba, Managing Director, Dawnay Day Hotels India Private Limited, disclosed here today that the hotels would be set up in two phases over the next 10 years with a total outlay of $1 billion.

The hotels would be fully owned and managed by the company. The company will spend $200 million in the first phase and the rest in the second phase. By the end of March next, the company hopes to finalise locations of four-star business hotels in north India, including Chandigarh and Amritsar. — TNS

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Aviation Notes
Finnair impresses passengers with services
by K.R. Wadhwaney

Debutant Finnair’s initial operations to and from Delhi have reinforced officials belief that increased flights, at least five a week, will be a rewarding exercise for both countries — India and Finland — in the twin-sectors of aviation and tourism.

The aviation analysts feel that this belief is not a wishful thinking. It is based on Helsinki’s geographical location in Europe. Being the first EU capital, the flying time from Helsinki to Delhi is only six and a half hours. This is the shortest way to get to Europe Helsinki provides a wide route network to hop about to several destinations further.

The configuration of the aircraft (MD-11) is so arranged that it provides to economy class passengers more leg-room than many other wide-bodied aircraft. Its capacity is 296 passengers and cruising speed is 905 km per hour.

Ms Taina Tornstrom, airlines’s director in the subcontinent, said: “We are pleased with the response of Indians since we started our maiden flight from Helsinki to Delhi on October 31, 2006. During these few days we have got a spontaneous message from travellers that traffic on this route will grow faster than we had bargained for”.

What has surprised airlines officials is that there is greater cargo response than even passengers’ upliftment. Judging from the market evaluation, there will be no danger of directional imbalances. In other words, cargo movement to and from Delhi will be more than sufficient throughout the year. “Maybe, we will require to press into service ‘combi’ aircraft”, said one cargo official.

Taina, who initiated operations of Finnair in China from scratch, is optimistic that the airline will widen its umbrella in this country on ‘virtual permanent basis’.

LOT, Poland’s flag-ship, made a dramatic entry into Indian skies. But it disappeared unceremoniously in 1993. No one knows even now why it closed shop in a hurry .

The new government in Poland has shown a lot of interest of re-starting an airline to India, which is a growing outbound nation. Air-India is also keen to link India with Poland. But sadly both LOT and Air India are facing paucity of aircraft. Mr Anil Wadhwa, Indian Ambassador to Poland, is reported to have persuaded the Indian civil aviation authorities to allow another Poland airlines, by the name of Sky Express (essentially a cargo carrier), to start operations through this country. Maybe, this will become a reality and Air-India will begin its operations later when it gets new fleet.

Some passengers, who had travelled to Helsinki early this month, were mighty impressed with the facilities provided by Finnair on flight. “Our flight was very comfortable and enjoyable”, said two woman passengers. 

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Investor Guidance
Long-term capital loss can’t be set off against LTCG
by A.N. Shanbhag

Q: 1) During the current financial year if I incur any long-term capital gain (LTCG) selling debt-oriented mutual fund (MF) scheme, can I set off this gain against any long-term capital loss (LTCL) that I may incur in selling equity shares?
2) Can I switch the full sale value of the debt scheme of a MF scheme to ELSS scheme of the same AMC and claim benefit under Section80C?
3) My wife passed away in May 2003. In the MF schemes the holding is in our names, in either order self/wife and on either or survivor basis. I now wish to regularize this by requesting each AMC to remove her name and insert my son's name retaining the same a/c number. Some AMCs refuse to allow adding of my son's name, while others agree to do so. To add a name they want the scheme to be closed (and bear the cost of sale STT, and in the case of a debt scheme bear the LTCG also) further apply for a new scheme with new holder/s names and bear the entry load. Why these dual / non-uniform practice?
Is there a way to escape the additional costs for substituting the deceased holder's name with that of a family member?
4) a) Those AMCs who refuse to substitute the name suggest that while they remove the name of the deceased holder they would not mind adding a nominee's name.
Please advise which choice is more hassle free for a family member whose name is substituted: a) as a second holder or b) as a nominee?
b) I, being at an age of uncertain balance life span, would like to provide successive nomination. Except for UTI, every other entity refuses to accept this so friendly an approach. Some are prepared to accept multiple nominations with the share of the total pie being indicated as a percentage against each nominee but refuse to accept "1) XXXXX 100%, If the first nominee predeceases then 2) XXXXXXX 100%"
Again, the nomination is generally restricted to a financial / investment product such as a savings /demat /fixed deposit account etc. It is very difficult for those if they forget to re-nominate when renewing the same.
What do you suggest investing public should do to make nomination friendlier? To which authority should they approach?
I understand that successive nominations are also friendlier to the entities; be they AMCs, banks, post offices etc. And more hassle free for them to allow the name to be added as a second holder rather than as a nominee.

— Somnath

A: Following are the point-to-point replies to you queries:

1. If the LTCG is tax-free, the LTCL is also tax-free. In other words, the LTCL cannot be set off.
2. You can always redeem your debt schemes, if the rules permit you to do so anytime you wish. The sale value, full, part, or more than full can be invested in ELSS. Contributions to ELSS, irrespective of the source, attract provisions of Section 80C. Needless to observe that the redemption of debt-based schemes will attract capital gains tax provisions. If the gains are short-term, you will have to add it to your other income and claim the benefit of Section 80C on the total income. On long-term gains, 80C is not available.
3. Deleting a name of a deceased person is possible in all cases. Adding a name (= redemption and purchase new) attracts provisions of capital gains tax.
Those who allow you to add a name without levying any charge are making an error. Kindly give me particulars of such schemes. Incidentally, there is no STT on debt-based schemes. Capital gains are attracted in all the cases (and also on shares) but that is not the concern of the MFs.
4. Removing a name and nominating a new person is hassle-free for the existing holder/s in due course (but always 'hassle free for a family member whose name is substituted').
5. You have to realise that the nominee is at best, the trustee of the holder. He is expected to collect the funds and hand these over to the executors of the will. The name of the nominee is normally supplies to avoid hassles in collecting the funds. Such nomination is not on either or survivor basis. More than one nominee with their shares specified always creates a problem. If one of the nominees dies, it is the legal heirs of the nominee who have a right to collect. If both the nominees are alive and their shares are not specified, one cheque payable to both of them jointly is normally issued.
6. I agree with you that all MFs should follow the same structure in respect of nomination. AMFI should take the onus of standardizing the procedure.

Resident status

Q: Please consider the following situation.

A person working for an Indian company comes to a foreign country on deputation on H1B.
For the financial year 2005-2006 he was in India for less than 60 days and for the preceding 4 years he was in India for more than 365 days.
Will he be considered an NRI for the financial year 2005-2006?

— Patra

A: Yes, he will be.

The two tests to be satisfied for being a resident of India are:
He is in India for at least
1. 182 days in the FY OR
2. 365 days out of the preceding 4 FYs AND 60 days in the FY.
Now, this particular person was in India for less than 60 days and therefore he does not satisfy the first condition.
Now coming to the second condition, yes he was in India for 365 days or more during the preceding 4 FYs. But to be labeled as a resident he has to be simultaneously in India for 60 days or more during the current year AND 365 days or more in the past four years. Therefore this person does not satisfy the second condition also.
The authors may be contacted at wonderlandconsultants@yahoo.com

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BRIEFLY

PNB hikes interest rates
New Delhi, November 11
PNB today hiked interest rates in between 0.25-0.50 per cent on fixed deposit rates for a time slab of 180 days to less than two years. The move comes 10 days after the RBI increased the repo rate by 0.25 per cent to 7.25 per cent.— PTI

RIL petro prices
Hyderabad, November 11
Reliance Industries has reduced the sale price of petrol and diesel by Rs 2.50 per litre to bring it on par with prices of petro products sold by PSUs. The new prices came into effect yesterday. — PTI

PepsiCo head
New Delhi, November 11
PepsiCo today announced that Mr Sanjeev Chadha will take over as General Manager Pepsi-Cola India, while incumbent Rajeev Bakshi will move to head the company's Asia commercial team. — PTI

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