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DISCLAIMER: This matter here is a guide only. For authentic and up-to-date information, please contact TQMC.

The DIRECTIVES and STANDARDS listed here may have been subsequently REVISED . You must refer to the CURRENT REVISION and AMENDMENTS if any.

Tuesday, September 30, 2008

Body of Knowledge

every man and every Company gathers data which can be converted into useful information
This data or Body of Knowledge must be safely stored preferably on electronic medium, continually updated, properly indexed for easy retrieval, and made accessible to every one in the firm with the Need to Know

Safe storage involves

PC and Server Security
Hardware security
Backups preferably on line
protection against theft and hacking
Anti virus protection

Data processing is essential to convert raw data into Information

Monday, September 29, 2008


Channel Explained: Yuval Shavit, Features Writer
The IT Infrastructure Library (ITIL) is a set of books published by the British government that establishes a framework for IT best practices. Originally published in the 1980s as a manual to modernize the British government's IT departments, ITIL underwent its third revision, called v3, in 2007 and now stresses IT as a services-based resource.Companies cannot be certified as ITIL-compliant, although there is an ISO standard, ISO 20000, based on ITIL that companies can be audited for. While businesses can't be certified, individuals can be accredited under four levels for ITIL v3: Foundation, Intermediate, Expert and Master. The Foundation level covers the terminology and basic concepts of ITIL as a whole, while the higher levels go into greater depth for each of ITIL's five major topics.

Read the rest of this Channel Explained.

23 Sep 2008
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By Yuval Shavit, Features Writer
Our Channel Explained series provides targeted articles that flesh out detail on channel terminology but avoid information overload. This week we examine the question, What is ITIL v3?
The IT Infrastructure Library (ITIL) is a set of books published by the British government that establishes a framework for IT best practices. Originally published in the 1980s as a manual to modernize the British government's IT departments, ITIL underwent its third revision, called v3, in 2007 and now stresses IT as a services-based resource.
Companies cannot be certified as ITIL-compliant, although there is an ISO standard, ISO 20000, based on ITIL that companies can be audited for. While businesses can't be certified, individuals can be accredited under four levels for ITIL v3: Foundation, Intermediate, Expert and Master. The Foundation level covers the terminology and basic concepts of ITIL as a whole, while the higher levels go into greater depth for each of ITIL's five major topics.
While previous versions of ITIL focused on procedures, such as deployment or maintenance, ITIL v3 treats an IT department as a utility that delivers services to the rest of the company. The five categories ITIL focuses on are service strategy (i.e., predesign research), service design, service transition (i.e., major upgrades), service operation and continual service improvement.
More on ITIL
ITIL Training Primer
ITIL v3 is of particular interest to value-added resellers (VARs) and systems integrators (SIs), because its services-based approach applies as readily to companies that provide those services to third-party clients as to traditional IT departments, said Don Boylan, a consultant with Pultorak & Associates Ltd. in Seattle. For instance, ITIL's service strategy book "is like a mini MBA," Boylan said, and it focuses on how to do research to figure out what services potential clients need before you develop them.
Because ITIL specifies a general framework and approach to IT, rather than specific procedures, it doesn't make sense to have just one or two people understand it, Boylan said; the whole IT department -- or, in the case of VARs, the whole company -- needs to buy into the concept for it to work. All technical workers should be ITIL Foundation certified so that they understand the basic terminology and framework, Boylan said. Managers and advanced technicians should be certified at the Intermediate level, which explains not just what the approaches are but how to implement them. Each of the five books has its own Intermediate-level accreditation, so managers should be certified for whatever topic corresponds to their specific role in the company.

Finally, at least one person in the organization -- typically a CIO or similar executive -- should be certified as an ITIL Expert or Master, Boylan said. This level of certification ties together several of the Intermediate-level accreditations and explains how to handle conflicts among them. For instance, ITIL v3 covers "instance management" -- handling help desk tickets and fixing problems -- as well as "problem management," which seeks to find the underlying cause of those problems. The problem is that while instance management seeks to fix problems as quickly as possible, problem management often calls for keeping systems in a failed state in order to find the root cause. An Expert- or Master-certified manager would be responsible for determining which problems should be fixed right away and which should be kept failed, and for how long.

Sunday, September 28, 2008

(Updated on 1st August 2007)


The term Intellectual Property (IP) reflects the idea that its subject matter is the product of the mind or the intellect. These could be in the form of Patents; Trademarks; Geographical Indications; Industrial Designs; Layout-Designs (Topographies) of Integrated Circuits; Plant Variety Protection and Copyright.

IP, protected through law, like any other form of property can be a matter of trade, that is, it can be owned, bequeathed, sold or bought. The major features that distinguish it from other forms are their intangibility and non-exhaustion by consumption.

IP is the foundation of knowledge-based economy. It pervades all sectors of economy and is increasingly becoming important for ensuring competitiveness of the enterprises.

International Organisations & Treaties

· A UN agency, namely, World Intellectual Property Organization (WIPO) based in Geneva administers treaties in the field of intellectual property. India is a member of WIPO.

· Department of Industrial Policy & Promotion is the nodal Department in the Government of India for all matters concerning WIPO.

· India is also member of 2 major treaties, namely, Paris Convention for the Protection of Industrial Property (relating to patents, trademarks, designs, etc.) of 1883 and the Berne Convention for the Protection of Literary and Artistic Works (relating to copyright) of 1886. Apart from these, India is also a member of the Patent Cooperation Treaty (PCT) which facilitates obtaining of patents in several countries by filing a single application.

India is also a member of the World Trade Organization (WTO). The WTO agreement, inter-alia, contains an agreement on IP, namely, the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). This Agreement made protection of intellectual property an enforceable obligation of the Member States. TRIPS Agreement sets out minimum standards of intellectual property protection for Member States.

· India has complied with the obligations contained in the TRIPS Agreement and amended/enacted IP laws.

Department of Industrial Policy and Promotion (DIPP) and Intellectual Property Rights (IPRs)

· DIPP is concerned with legislations relating to Patents, Trade Marks, Designs and Geographical Indications. These are administered through the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), subordinate office, with headquarters at Mumbai, as under:

a) The Patents Act, 1970 (amended in 1999, 2002 and 2005) through the Patent Offices at Kolkata (HQ), Mumbai, Chennai and Delhi.
b) The Designs Act, 2000 through the Patent Offices at Kolkata (HQ), Mumbai, Chennai and Delhi.
c) The Trade Marks Act, 1999 through the Trade Marks Registry at Mumbai (HQ) Chennai, Delhi, Kolkata and Ahmedabad.
d) The Geographical Indications of Goods (Registration & Protection) Act, 1999 through the Geographical Indications Registry at Chennai.

· The Controller General of Patents, Designs and Trade Marks (CGPDTM) is also in-charge of the Office of the Patent Information System, Nagpur and the Intellectual Property Training Institute, Nagpur. The office has 446 personnel in the patents and designs Offices and 291 personnel in trademarks and geographical indication Offices.

· Necessary safeguards have been built into the IP laws, in particular in the Patents law, for protection of public interest including public health.

· Along with the legislation, rules have also been amended to install a user-friendly system for processing of IP applications. All rules and forms are available on the website:

Intellectual Property Appellate Board (IPAB)

· An Intellectual Property Appellate Board (IPAB) has been set up at Chennai to hear appeals against the decisions of Registrar of Trademarks, Geographical Indications and the Controller of Patents.

Other IP Legislations

· Copyright is protected through Copyright Act, 1957, as amended in 1999 - administered by the Department of Higher Education.

· Layout of transistors and other circuitry elements is protected through the Semi-conductor Integrated Circuits Layout-Design Act, 2000 - administered by the Department of Information Technology.

· New varieties of plants are protected through the Protection of Plant Varieties and Farmers’ Rights Act, 2001 - administered by the Department of Agriculture and Cooperation.

· Article 39 of the TRIPs Agreement mandates protection of test data submitted to regulatory authorities for obtaining marketing approvals against unfair commercial use. A Committee under the chairmanship of Secretary, Department of Chemicals and Petro-chemicals has examined this issue and submitted its Report to the Government.

Modernisation of IP administration

· To complement the legislative initiatives, modernisation of IP infrastructure has also been undertaken and new integrated offices have been established in Delhi, Kolkata, Chennai and Mumbai. A programme costing Rs.153 crore has been implemented in the 10th Five Year Plan. The programme focused on: Infrastructure development; computerisation; human resource development; training and awareness.

· E-filing facility for patent and trademark applications has been introduced on 20.7.2007.

International Cooperation

· Bilateral cooperation agreements (MoUs) have been entered into with UK, France, USA, European Patent Office and Japan. These focus on human resources development, capacity building and awareness and outreach activities.

· Multilateral Cooperation: India has an active cooperation programme in intellectual property matters with WIPO. These, inter alia, include organization of joint seminars and workshops and study programmes besides technical assistance by WIPO experts.

Enforcement of Intellectual Property

· Civil and criminal provisions exist in various laws for dealing with counterfeiting and piracy.

· The Department of IPP has set up an Inter-ministerial Committee to coordinate IP enforcement issues.

Impact of Modernisation

· The filing of patent applications has increased from 4824 in the year 1999-2000 to 28,882 applications in the year 2006-2007.
· The number of applications examined has gone up to 14,119 in 2006-07 against the figure of 2824 in the year 1999-2000.

· The backlog of unexamined applications of approximately 5 lakh cases brought down to zero.
· Renewal of Trademarks certificates being done instantaneously in clear cases and new applications are examined within one week.
· As against only 8,010 registrations in 1999-2000, 13 times more TMs were registered in 2006-07, that is, 109,361.
· 3.38 lakh trademark certificates were issued during the last 3 years whereas only 1.65 lakh marks were registered in 64 years (since 1940 to 2004).

Geographical Indications

· 39 Geographical Indications products have been registered since September, 2003. These include Darjeeling Tea, Chanderi Saree, Pochanpally Ikat, Solapur Chaddar, Mysore Silk, Kullu Shawl, Bidriware, etc.


· The filing of applications for Design has increased from 2874 in 1999-2000 to 5372 in 2006-07.
· The number of applications examined has also gone up to 5179 in 2006-07 against the figure of 2067 in 1999-2000.
· The number of Designs registered has also increased from 1382 in 1999-2000 to 4431 in 2006-07.

Current Issues

Establishment of NIIPM
· The Government has approved a proposal for establishment of a National Institute for Intellectual Property Management (NIIPM) at Nagpur. The Institute will perform training, education, research and think tank functions.

Modernisation of IP Offices· Further modernisation of IP Offices to provide additional human resources, higher level of computerisation to support on-line processing, strengthening of data-base and novelty search facilities, awareness generation activities, accession to international treaties/conventions is being taken up in 11th Five Year Plan. Madrid Protocol on Trademarks
· Madrid Protocol, administered by WIPO, is a simple, facilitative and cost effective system for registration of International Trademarks. India’s membership of Madrid Protocol will help Indian companies to register their trade marks in the member countries of the Protocol through a single application.

· An exercise to amend the Trade Marks Act is underway to enable joining the Madrid Protocol.
· A proposal is under consideration to seek recognition for the Indian Patent Office as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Co-operation Treaty. ISA and IPEAs provide search reports on novelty and examination reports on patentability of inventions.

Mashelkar Committee
· Government has set up a technical expert group under the chairmanship of former Director General of CSIR (Dr. R.A. Mashelkar) to examine the following two patent law issues:

(a) whether it would be TRIPS compatible to limit the grant of patent for pharmaceutical substance to new chemical entity or to new medical entity involving one or more inventive steps; and
(b) whether it would be TRIPS compatible to exclude micro-organisms from patenting.

· The Report of the Group is available at


Patent Rights India

go here

September 2008

WIPO-FICCI-DIPP Conference on Development and Intellectual Property (IP): Building Synergies with Policy Makers and Industry at Taj Exotica, Goa from September 1 to 3, 2008. Registration Closed

National Institute for Intellectual Property Management (NIIPM) Nagpur- Two Days Training Course on Patenting system in India on 1st and 2nd September 2008 (Monday & Tuesday) Venue: NIIPM, CGO complex, C Block, Ground floor, Near TV Tower Seminary Hills, Nagpur, Maharashtra.Fees Rs. 500/- only per person payable through Cash / DD in favor of “Patent Information System, Nagpur”. Fee includes Lunch, Training Kit etc. For further details & registration contact : Mrs. C. Satpute (0712- 2511380) - Sr. Documentation officer OR Mr. Pankaj P. Borkar (9224425777) - Examiner of Patents & Designs.

National Institute for Intellectual Property Management (NIIPM) Nagpur- Five Days Training Course on Patents from 15-19th September 2008 (Friday to Tuesday) Venue: NIIPM, CGO complex, C Block, Ground floor, Near TV Tower Seminary Hills, Nagpur, Maharashtra.Fees Rs. 1250/- only per person payable through Cash / DD in favor of “Patent Information System, Nagpur”. Fee includes Lunch, Training Kit etc. For further details & registration contact : Mrs. C. Satpute (0712- 2511380) - Sr. Documentation officer OR Mr. Pankaj P. Borkar (9224425777) - Examiner of Patents & Designs.

FICCI Seminar on "IP for Prosperity" on 11th September 2008 at Jaipur. For Registration Contact: Ms. Sheetal Chopra Sr. Asst. Director FICCI IPR Division at
FICCI Seminar on "IP for Prosperity" on 17th September 2008 at Ahmedabad. For Registration Contact: Ms. Sheetal Chopra Sr. Asst. Director FICCI IPR Division at
FICCI Seminar on "IP for Prosperity" on 24th September 2008 at Coimbatore. For Registration Contact: Ms. Sheetal Chopra Sr. Asst. Director FICCI IPR Division at


Intellectual property law

Primary rights
Copyright · Patent · TrademarkIndustrial design rights · Utility modelGeographical indicationTrade secret · Related rightsTrade name
Sui generis rights
Database right · Mask workPlant breeders' rightSupplementary protection certificateIndigenous intellectual property

Related topics
Criticism · more

A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention.

The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must be new, inventive, and useful or industrially applicable. In many countries, certain subject areas are excluded from patents, such as business methods and mental acts. The exclusive right granted to a patentee in most countries is the right to prevent or exclude others from making, using, selling, offering to sell or importing the invention.

1 Definition
2 Etymology
3 Law
3.1 Effects
3.2 Enforcement
3.3 Ownership
3.4 Governing laws
3.5 Application and prosecution
4 Economics
4.1 Rationale
4.2 Costs
4.3 Criticism
5 History
6 See also
7 References
8 External links


Basic banking fundas from RBI

go here

Saturday, September 27, 2008

Passport Forms
Fresh Application Form
Lost/Damaged Application Form
Forms for Miscellaneous Services
Rights of Applicants
Miscellaneous services
Applying for the first time
Time frame for issue of passports
Do you need a passport urgently
Delivery of Passports
Passport for minors
Loss of Passport (How to apply for duplicate)
Emigration Check not required Stamp
Damaged Passport (How to apply for replacement)
Emigration clearance Rules
Expired Passport (How to apply for re-issue)
Options in terms of validity and size of the booklet
Original Documents
Passport Offices in India
Regional Passport Offices in India

Rights of ApplicantsIf you have any complaint, please approach the RPO/PO heading the office in your area.If you are not satisfied with the service, you can either write to the Chief Passport Officer or fax or telephone him.
Postal addressChief Passport Officer, Ministry of External Affairs, Patiala House Annexe, Tilak Marg,New Delhi - 110 001. Telephone: 3384519 Fax : 3384461

Are you applying for the first time?You can obtain an application form from the Passport Office (free of cost) or the Head Post Office (Rs. 3) or submit a photocopy of the form. After filling all columns carefully and legibly the application may be submitted to the Passport Office concerned (where you are resident when applying) either in person or through a representative or by registered post.
Proof of residence is essential i.e., a self-attested photo copy of the ration card or voters' identity card or water tax bill or telephone bill or electricity bill or running bank account or income tax assessment order of last three years or appointment letter of reputed companies on letterhead (any one of them will do).
Proof of date of birth and educational qualifications is also essential i.e., a self-attested photo copy of birth certificate or school certificate or in case of illiterate/ semi-literate persons a sworn affidavit to be attested by a magistrate, as per specimen given in the form.
Furnish 6 photographs (black & white or colour) :
Size 35 mm x 45 mm;
Frontal view of full face against a light background; photos taken with coloured or dark glasses and in uniform are not acceptable;
4 photographs pasted on the form and signed across partly on the photo and partly on the form and 2 photographs (unsigned and name written on the back) to be put in an envelope and stapled to the form.
Attach NOC in original if you are in the service of Central/State Government, Public Sector Undertakings, Statutory Bodies and the like.

Do you need a passport urgently?You require a verification certificate (as per specimen at Annexure G of the application form) from any officer of the rank of Deputy Secretary and above in the Central Government or equivalent in the State Government, Colonel and above or its equivalent in Air Force and Navy, General Manager of a Public Sector Undertaking, Sub-Divisional Magistrate, SSP of a district or one of those listed in Annexure 'G' (page 16 of the application form). An out of turn passport is issued only in cases of specified emergencies, on production of documentary evidence.

Passport for minorsIt is preferable to have a separate passport for a minor. A number of foreign Diplomatic Missions are refusing to grant visas if minor's name is included in the parents' passport.
Apply as for fresh passport with the following additional documents:
Attested photocopies of parents' passports;
If neither of the parents has passport, then an affidavit from both parents (specimen at Annexure 'D' of the passport form);
In case either of the parents holds a passport, copy of the same, alongwith an affidavit from the other parent (specimen at Annexure 'D' of the passport form);
Column 20 of the application form to be signed by parent/ legal guardian and at column 23, affix the minor's signature or thumb impression.

Emigration Check Not Required Stamp
Following persons are entitled to get the ECNR stamp on their passports:
Gazetted Government Servants;
Income-tax payees;
Persons holding professional degrees;
Persons staying abroad for more than 3 years;
Spouses of the above mentioned categories;
Persons holding graduation or higher degrees;
Seamen in possession of Continuous Discharge Certificate and Sea Cadets and Deck Cadets (i) who have passed final examination of three year B.Sc. Nautical Sciences Courses at T.S. Chanakya, Mumbai, or (ii) who have undergone three months Pre-Sea training at any of the Government approved Training Institutes after production of Identity Cards issued by the Shipping Master, Mumbai/Calcutta/Chennai;
Persons holding permanent Immigration Visas of any country e.g. Green Card in USA;
Persons holding diplomas from recognised institutions like Polytechnics or certificates of vocational training from Government/recognised institutions;
Nurses possessing qualifications recognised under the Indian Nursing Council Act, 1947;
Dependent children of parents eligible for ECNR, as above (upto 24 years of age);
All persons above the age of 60 years;
All visitors to Pakistan and Bangladesh;
All visitors going to any country in Europe (except the Commonwealth of Independent States) or North America.

Emigration Clearance Rules
Even if you do not have the ECNR stamp, you can visit Bangladesh, Pakistan and all countries in Europe (except the Commonwealth of Independent States) and North America without emigration clearance.
In any case, Protector of Emigrants can grant emigration clearance to certain categories of skilled/semi-skilled workers for a period of six months if application is made through authorised recruiting agent and there is a valid employment visa. In case the person concerned is leaving the country for non-employment purposes, he can obtain suspension from emigration clearance for the specified country and for the specified period from Protector of Emigrants.

FeesMay be paid either by bank draft in favour of the Passport Officer concerned or in cash at the counter of the Passport Office.

Original DocumentsIt is obligatory to produce the original documents for verification in case so required by the Passport Office.

Time frame for issue of PassportsIf all your documents are in order, you should get your fresh passport in 5 weeks (now however it seems that it takes 12 weeks). If you already hold a passport then your next passport should be re-issued in one week.
In case of damaged/ lost passports (except in case of habitual losers), provided you apply to the same office which issued your original passport, you should get passport in about 5 weeks.(This time frame might not be valid anymore and it could take longer).
If you have applied for a duplicate passport to an office other than the one which issues the passport you have lost or damaged, you should get your passport in 6 weeks (time frames again need to be checked).
However, in case of emergency, your Passport Officer can expedite the issue of passport.

Delivery of PassportsPassports are normally delivered only to the applicant or despatched by registered post to the applicant's present address as given in the application form. In case a passport has already been granted, in the normal course, the applicant may approach the Passport Office for counter delivery. Such passports can then be delivered at the counter.

Loss of Passport : How to apply for a duplicate?
If you lose your passport, then:
Please inform the nearest police station and obtain a copy of the FIR;Also kindly inform the Passport Office or Indian Mission which issued that passport. Passport is a valuable document and in case it gets misused, you can be held responsible, if you have not informed the office;

Apply for a duplicate passport with
application for lost passport;
copy of the FIR;
affidavit (specimen at Annexure 'B' of the passport form);
copy of lost passport, if available;
Fee Rs. 2500/-. (This fee needs to be verified).

Damaged Passport : How to apply for a replacement?
If your passport gets damaged, you are entitled to get it replaced. Apply for a duplicate passport with the following documents:
application for a damaged passport;
damaged passport;
affidavit (specimen at Annexure 'B' of the application form);
Fee Rs. 2500/-(This fee needs to be verified).

Expired Passport : How to apply for re-issue?
If you are a holder of a passport, then you are entitled to an automatic re-issue of a passport, without prior police verification. You can apply one year before the passport expires or within 2 years after it expires to obtain this expeditious service.
You are required to submit only:
Fresh application form;
Previous passport;
Proof of residence only if the present address is different from that given in the previous passport.
(Verification Certificate or any other document - not required).

Options in terms of validity and size of the bookletYou can either apply for a 36-paged normal passport booklet (Fees: Rs. 300/- for 10 year; Rs. 600/- for 20 year validity) or a 60-paged jumbo passport booklet (Fees: Rs. 500/- for 10 year; Rs. 800/- for 20 year validity).(These rates might have since changed).

Miscellaneous services : change of name
If you change your name, please get your passport booklet changed. Please approach the RPO/PO concerned in good time. In case of marriage, re-marriage or divorce:
Fresh application form;
Certified marriage certificate or an affidavit from husband and wife (Annexure 'A' of application form);
In case of divorce, divorce deed authenticated by a court;
In case of re-marriage, divorce deed or death certificate of spouse duly authenticated.
In other cases:
Fresh application form;
Two original newspaper clippings giving notice of change of name;
Affidavit (Annexure 'A' of the application form).

Regional Passport Office In IndiaNew DelhiChief Passport Officer, Ministry of External Affairs, Patiala House Annexe, Tilak Marg, New Delhi - 110 001.Telephone: 91-11-3384519 Fax : 91-11-3384461
MumbaiRegional Passport Office Manish Commercial Centre Dr. Annie Besant Road Worli, Mumbai - 400 025
Bangalore Regional Passport Office 1-A, Brunton RoadBangalore - 560 025 Regional Passport Officer:Telephone 91-80-5584901 Enquiry: 91-80-5591170
NagpurOfficer in charge : Mr ShirgaveRegional Passport Office Ghat Road, Near Vijay Cinema Nagpur 440 018Telephone: +91-712-721595

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Provident Funds, fixed deposits, shares -- Implications and guidelines
T. Banusekar
THIS week, `Tax Talk' answers queries relating to Provident Fund Scheme, tax implications of fixed deposits, D-Mat accounts and company shares.
A private limited company gives an option to employees with a basic salary of Rs 5,000 or more to join, either a Provident Fund Scheme (with whom the company has an account) or a Public Provident Fund account with banks or post office. If the employee chooses to join a Public Provident Fund account, he/she would deposit 24 per cent of the basic salary out of which 12 per cent would be reimbursed by the company. If the employee invests in the Provident Fund Scheme, the employer would remit into the scheme 24 per cent of the salary, and recover 12 per cent from the employee.
In such a case while the contribution made by the employer to the Provident Scheme is exempt, it is understood that while remitting into the Public Provident Fund account, the 12 per cent reimbursed by the employer would be taxable in the hands of the employee. Is this a correct assumption? If the same is taxable, please explain why it is so. Also explain why a Public Provident Fund is not recognised.
It is true that any amount up to 12 per cent being the employer's contribution to a Recognised Provident Fund, would not be chargeable to tax in the hands of the employee. This will be in accordance with Section 17(1)(vi) -- read with Rule 6(a) of Part A of the IV Schedule to the Income-Tax Act. However, when the employer reimburses 12 per cent of the salary in respect of a contribution made to a Public Provident Fund account, the same would be taxable under the head, `Salary', in the hands of the employee. Because there is no specific exemption available in respect of such reimbursement.
A Provident Fund would be treated recognised, if recognition for the same is accorded under the IV Schedule by a Chief Commissioner of Income-Tax or Commissioner of Income-Tax. The Provident Fund should also satisfy the conditions prescribed in Rule 4 of Part A to the IV Schedule to the Income-Tax Act and of the Rules made by the Board in this behalf. It would be in the wisdom of the legislature and rule-makers to permit a Public Provident Fund account to be treated as a recognised fund account. Until this is done the reimbursement given by the employer would be treated taxable in the hands of the employee.
My friend's grandmother expired recently. At the time of her death, she had fixed deposits with banks amounting to Rs 5 lakh. My friend's mother is the nominee for the fixed deposits. We wish to know the tax implication on the withdrawal of the fixed deposit and also the income that arises in future. Kindly advise if there are any ways to save the taxes on the interest accrued.
The interest accrued on the deposit with the bank up to the date of death would be taxable in the hands of the deceased. The tax would, however, be leviable and recoverable from the legal representatives of the deceased in a like manner and to the same extent as the deceased (Section 159).
The incomes that accrue after the date of death would be taxable in the hands of the legal heirs in their individual capacity. If, however, the legal heirs cannot be determined with certainty, the income shall be chargeable in the hands of the executor/executors (Section 168).
The income would be taxable in the hands of the nominee, provided she is the legal representative or the legal heir or the executor.
It may not be possible for `Tax Talk' to advise on the methods of reducing taxes on accrued interest. The reader may seek professional advice.
I am a citizen of Nepal. My grand parents expired in 1980. I recently found there are some shares of Indian companies which are in the joint names of my late grandparents. There are also some shares in my father's name. Being a foreign citizen, I wish to know the following:
*How are the shares held in the name of my late grand parents to be transferred to other persons?
*Would any Estate Duty be payable?
*Since most companies now have shares in the D-Mat form, how do I open a D-Mat account in India?
*Can I open a savings account in India in the name of my father, who is Nepalese?
*Can I grant power of attorney to an Indian national to obtain a succession certificate by making an application to the Court and to operate the D-Mat account on my behalf?
*Is the power of attorney to be registered?
*What papers are required as identification to get the succession certificate from the Court and to operate bank accounts?
Binay Rana
*An application must be made to the company stating that the shares need to be transmitted. For this, sufficient proof of title by the person in whose name the shares need to be transmitted, must be furnished. This proof must be in the form of a succession certificate. The application need not accompanied by an instrument of transfer. The share certificate must be enclosed along with the application. If a transmission fee is prescribed by the company, it should also be remitted.
*The Estate Duty Act in India has been long since abolished. No estate duty is payable in India in respect of person dying on or after 16.03.1985. Since the time limit for reopening under the Act would also have expired, the question of payment of estate duty would not arise.
*For opening a D-Mat account in India, the reader is advised to approach a depository, where an account can be opened.
*A foreign citizen can have an savings bank account in India.
*A power of attorney can be given to an Indian national who may carry out the necessary formalities to make an application before the Court for obtaining a succession certificate and also to operate the D-Mat account.
*It is not required that a power of attorney must be registered in India. However, it may be registered if the party so desires. In this case the registration has to be done with the Registrar.
*The reader is advised to consult a lawyer on the papers required for obtaining the succession certificate. To open a bank account, the reader is advised to approach a banker.
(The author is a practising Chartered Accountant, Chennai.)
Business Line invites queries on personal taxation issues to this column. They will be answered in the first Sunday's issue of Business Line every month. Queries may be addressed to Tax Talk, Business Line, Kasturi Buildings, 859, Anna Salai, Chennai 600002, or by e-mail to


Debt recovery
Manu's mandate for debt recoveryIf only the bankers had strictly adhered to the manual of instructions on debt recovery prescribed by Manu, the Vedic lawgiver, they could have avoided the vexatious problem of mounting overdues and growing NPAs.

Manu, who recognised money-lending as a lawful occupation, has stipulated not only the rates of interest to be charged but also very categorically outlined the means to be adopted for recove-ring the dues. Nothing escapes the attention of the stern lawgiver while elaborating the civil and ceremonial laws in his time-tested treatise Manusmrithi. In his scheme of lending and borrowing, there is no scope for NPAs to stare at the lender's face, unlike the present day burden of overdue advances. Of the 18 titles of civil and ceremonial laws, the first one is the non-payment of debts runadana which stipulates the responsibilities of the borrower, lender and also of the king in ensuring adherence to prescribed rules.

Manu has ordained that debt has to be repaid by the borrower unfailingly and in recovering the dues, the lender may adopt any means he deems fit to get back his money. He has laid down a five-fold procedure, any of which to adopt.India got pushed into a corner, by its own follies and was forced to look around the world for a way out of the payment crisis. In 1991, the International Monetary Fund (IMF) was approached once again for a stand-by assistance. It laid down its rigorous conditionalities and the government of India agreed to free the country from a controlled regime

The five methods

Dharmena - through moral pursuance,

Vyavaharena - through legal process,

Balena - through the use of force,

Chhalena - through deceit

and Acharithena - through torture.

The first step in the recovery process is to remind the borrower of his moral obligation to repay the debt, counsel him to discharge his moral responsibility and impressing on the dharma of being debt-free, runa mukta. A debtor cannot absolve himself of his debts even after death, according to Manu.

The debtor's successors have the irrevocable responsibility of repaying the debt.

The second step, if the first one did not yield the desired result, is to take legal action, dragging the borrower to the king's court. The king is vested with all powers - which the present day Debt Recovery Tribunals would certainly envy - to compel him to repay. The penalty for non-repayment acts as a deterrent against delaying the closure of the account.

The adage that "justice delayed is justice denied" was perhaps literally followed then, may be due to very few cases compared to the large number of suits presently pending in different courts all over the country.Lender can use force, bala, if he thinks fit, to confiscate the assets. The indigenous moneylender in India has been invariably taking recourse to this method, diabolically and mercilessly as retold in folklores and classical literature. A few non-banking finance companies and couple of banks have also tried this method, incurring the wrath of the consumer activists in some cases. Customer is king, yes; but is the defaulting debtor also ... ?

Manu appears to have tacitly approved the use of even deceptive means, chhala, if need be, to recover the dues. By promising to give another loan if the present one is cleared, the lender can get his money back, but need not fulfill the promise. This is not the same as rolling over the outstanding loan as some of the clever branch managers do, to cover up the overdue advances. It is not book adjustment; it is an instance of role reversal, the lender behaving like the wayward borrower, not fulfilling the promise made.Foul or fair methodIt is a bit surprising that Manu was not averse to the use of means fair or foul for debt recovery. Even torturing the borrower - killing his wife or kidnapping his children - was silently approved by him. The loan defaulter is condemned to face the ignominy and deprivation of his properties. Sitting at the debtor's door to bring about a change of heart and the creditor, starving himself to death are other methods to enforce repayment of dues!

A commentator of Manu says that this custom corresponds to the so-called prayopavesana or dharna (a la satyagraha?). The means of recovery suggested vary so widely that they may be acceptable to as diagrammatically opposite people as the mafia and mahatma. Lender, whom Manu calls uttamarna, has the law-giver's full support in getting back his money from the borrower, the adamarna whatever may be the problems, culminating in non-repayment.

Manu would have frowned upon the modern law-makers who concede to write-off a part of the dues in their anxiety to cleanse the banks' balance sheets, which have accumulated as non-performing advances over the years! The banker today appears to be at the mercy of the borrower. During the Vedic period, lending was a simple bipartite transaction, written (lekhya) or unwritten, without any third party intervention. The lender would employ all methods mentioned in Manu's manual and would seek the king's support only when he fails to collect his dues despite all attempts. Never encouraging his needy customers to be frugal, the shrewd moneylender has thrived and prospered on the overdues and miseries of his victims. Not being accountable to anybody for his financial results at the end of the day, he rarely lamented over the loan defaults.

He had his own methods of recovering without publicising, unlike his modern day counter part who serves the legal notice (the cost of which of course, is loaded on the overdue amount!) on the defaulter. He waits thereafter patiently, as the ball is now in the debtor's court.

Modern banking and its woes

Modern banking is more complicated than Manu's simple banking model, not necessarily due to sophisticated transactions, but owing to the presence of more players in the banking arena, more than what is justifiably needed. Banker today is guided by the policies and pressures emanating from the following:Expectations of the owners - the Government of India; Stipulations of the regulator - the Reserve Bank of India; Recommendations of the sponsoring agencies - official and non-official; Aspirations of the local bosses - the district administrators and also the elected representatives; Specifications by the borrowers, indicating the size and shape of credit. Extending credit, in consonance with the directions of all the above sources, is indeed a difficult task performed by the banker.

His decision is influenced by the advice -implicit or explicit - originating from them, lulling him to believe that he has a decision-supporting system to back him. Its fragility is realised only when he proceeds to recover the duesThe official agency sponsoring the applications for loans under the poverty alleviation programmes, has no responsibility beyond the identification of the poor.

The consultancy firm which prepares the elaborate technical feasibility reports for securing large advances from the banks, disowns any responsibility for the failure of the project and the attendant problems of repayment. Small-scale industries which acquire sickness, real or feigned, are left on the lap of the banker, specially where the entrepreneur has no stake in the investment made. With a view to preventing the loan documents from becoming time-barred, the banker rushes to the court, filing suit against the borrower. Time and tide wait for none, but the court verdict is awaited. While interest is calculated on the overdue amount in the bank's books, he and his lawyer lose interest in the case, as the years roll by. The periodical transfers of the bank staff, though administratively imperative, tend to dampen the rigour of the recovery measures. For the new manager, it is only a numbered, suit-filed account, among many other accounts.

Manu's lender did not encounter such problems in his simple lending model. In a multi-variable model, where some of the variables cannot be quantified, one does not know how Manu would rewrite his manual of instructions.


after death

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Can an expired person keep his income-tax files open /running forever?
Can a person keep his income tax files open even after he is no longer there, so that , the amount of tax he was himself paying on his income, now will get transferred to his wife or children & now the income of his children or wife will get clubbed to the expired persons income therefore the children or wife will have to pay additional tax for the amt transferred to them. If the file of the expired person is kept opened he will still pay his own income tax for the taxable income if any & the wife /children /successor can pay their own individual tax? please let me know what is the law & how can the taxation problem be taken care off?
6 months ago
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by N.J.Redd...
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A person who is alive has to pay income tax on his income till the date of his death. After his death, his successors will file his returns along a letter to close the file. After his death, his property if any of the deceased person will be shared by his legal heirs as per their shares. And from that time the legal heirs (if their income is taxable) will have to file their individual returns including on the income from the property which they have received from the deceased person.
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by cadberri...
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i think if the deceased person dies while still owing taxes, all his remaining assets get picked over by the tax people, before the spouse or any dependents get any money, so it's like they; r paying the dead person's taxes for him after death--eg. father dies owing taxes, but leaves house to wife and kids, but they cant get full value of house cuz tax people get their cut first.
6 months ago
my friend's mom almost lost her house when dad died leaving a whopping bill on back taxes, so she had to work out a way to pay back with the tax people in order to remain in her house.
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by nemaak
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How it is possible to earn by expired person.If you are thinking for pension etc. It will be automatically accounted for the income of his wife.So it is not possible to keep his income tax files open forever.
6 months ago
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by Orthodox Purushottam Kabra
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If the person has made a WILL, then till the executors completely distribute the estate amongst the heirs or as written in the will, the case will be assessed separately.If there is no will made by the person, Treat the property of the HUF with the consent of all the members and sharers of the estate, and you may continue the file for longer time.Taking advice of the knowledgeable TAx consultant and paying some fees will be worthwhile.
6 months ago
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Open Questions in India
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please let us me no whether extantion of paymet of Income tax in Karnataka ?
Resolved Questions in India
am an NRI settled in Canada.I want to sell my ancestral agricultural land situated in India in a village outs?
2008-2009 tax return has been filed and I missed to mention?
How to get refund of extra service charges Deducted by on line IT Return service provider for the year 2007-08?
Tax rat on property transfer?

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In different parts of India tax planning seminars are conducted by Shri R.N. Lakhotia and Shri Subhash Lakhotia under the banner of Lakhotia College of Taxation & Management. The Seminar contents as also terms and conditions for conducting the tax seminars are mentioned below:
One day Seminar On:Personal Tax Planning and Investment PlanningBy R.N. Lakhotia Subhash Lakhotia
One day seminar on:Tax Planning of Business Income By R.N. Lakhotia Subhash Lakhotia
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One day in house Seminar onPLANNING FOR RETIREMENT(Suggested one day In-house Seminar exclusively for your retiring employees)By R.N. Lakhotia, Subhash Lakhotia
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Half Day Seminar on WILLS AND SUCCESSION PLANNINGBy R.N. Lakhotia, Subhash Lakhotia
Know the Seminar Faculty



TAX STRUCTURE IN INDIA1) Qus. : What are you doing? Ans.: Business. Tax: PAY PROFESSIONAL TAX! 2) Qus. : What are you doing in Business? Ans.: Selling the Goods. Tax: PAY SALES TAX!! 3) Qus. : From where are you getting Goods? Ans.: From other State/Abroad Tax: PAY CENTRAL SALES TAX, CUSTOM DUTY & OCTROI! 4) Qus. : What are you getting in Selling Goods? Ans.: Profit. Tax: PAY INCOME TAX! 5) Qus. : Where you Manufacturing the Goods? Ans.: Factory. Tax: PAY EXCISE DUTY! 6) Qus. : Do you have Office / Warehouse/ Factory?Ans.: Yes Tax: PAY MUNICIPAL & FIRE TAX! 7) Qus. : Do you have Staff? Ans.: Yes Tax: PAY STAFF PROFESSIONAL TAX! Qus. : Doing business in Millions? Ans.: Yes Tax: PAY TURNOVER TAX! 9) Qus. : Are you taking out over 25,000 Cash from Bank?Ans.: Yes, for Salary. Tax: PAY CASH HANDLING TAX! 10) Qus. : Where are you taking your client for Lunch & Dinner? Ans.: Hotel Tax: PAY FOOD & ENTERTAINMENT TAX! 11) Qus. : Are you going Out of Station for Business? Ans.: Yes Tax: PAY FRINGE BENEFIT TAX! 12) Qus. : Have you taken or given any Service/s? Ans.: Yes Tax : PAY SERVICE TAX! 13) Qus. : How come you got such a Big Amount? Ans.: Gift on birthday. Tax: PAY GIFT TAX! 14) Qus. : Do you have any Wealth? Ans.: Yes Tax: PAY WEALTH TAX! 15) Qus. : To reduce Tension, for entertainment, where are you going?Ans.: Cinema or Resort. Tax: PAY ENTERTAINMENT TAX! 16) Qus. : Have you purchased House? Ans.: Yes Tax : PAY STAMP DUTY & REGISTRATION FEE ! 17) Qus. : How you Travel? Ans.: Bus Tax: PAY SURCHARGE! 1 Qus. : Any Additional Tax? Ans.: Yes Tax: PAY EDUCATIONAL, ADDITIONAL EDUCATIONAL & SURCHARGE ON ALL THE CENTRAL GOVT.'s TAX !!! 19) Qus. : Delayed any time Paying Any Tax? Ans.: Yes Tax: PAY INTEREST & PENALTYThanks,Payal
#2 (permalink)
29-10-2007, 12:10 PM

Join Date: Jul 2007
Location: BAPATLA
Posts: 1,755
nice payal...What is the tax , we have to pay for reading this??

#3 (permalink)
29-10-2007, 12:14 PM

Payal Gade
Join Date: Jun 2007
Location: Cairo
Posts: 184
Need to consulate with TAX department, and as you know that government employees are so busy that they will take time till we all will die by waiting to know the the amt we have to pay to read. ThanksPayal

#4 (permalink)
29-10-2007, 12:16 PM

Join Date: Jul 2007
Location: BAPATLA
Posts: 1,755
payal , so you say that we need not pay any tax till we ae alive as our govt workers are too generous for preparing bills

#5 (permalink)
29-10-2007, 02:58 PM

Join Date: Feb 2007
Location: Mumbai
Posts: 224
Hi Payal,good post - funny as well as informative.Hi Hanuma,We need to pay tax even after the death too.....(giving the same to Doctors certificate - Municipal certificate etc) Thanks and Regards,NavrozOne thing that cannot be recycled is wasted Time"

#6 (permalink)
29-10-2007, 02:59 PM

Join Date: Jul 2007
Location: BAPATLA
Posts: 1,755
Navroz,i think after death, our sons and daughters are the ones who are going to pay the taxes for them..

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Income tax India

With a view to bring larger number of persons in the tax net, now any person who satisfies even one of the following six indicators is required to file a tax return
Is the Specified Floor Area Different for Different Cities?
Has the one-by-six scheme been extended to more cities?
Is there any exemption for senior-citizens?
Are there any special exemptions for travel to neighbouring countries?
Is there any penalty for non-filing of return under this scheme?
How is the rebate of Income Tax calculated?
Who can claim Rebate u/s 88?
Is there a special Rebate of Income Tax avaliable to persons who have attained the age of 65 years?
Is there a special Tax Rebate for lady assessees below the age of 65 years?
Is it true that a special rebate of Income Tax, on subscription to shares and debentures, is available to Tax payers?
Has a special rebate been given for low paid salaried employees?
What are the precautions to be taken when allowing Rebate(s) under chapter-viii?
In case Tax Rebate is allowed in an assessment year, can it be withdrawn in a subsequent assessment year?
Can you claim Tax Rebate in respect of long term capital gains?
Is tax rebate allowable even if lic premium is in excess of 10% of sum assured?
What should be the source of such payment or deposit?
What is the duty of the DDO before allowing claims of Tax Rebates?
New procedure of assessment in brief
In a case where the assessee has paid the full tax and interest on the basis of income returned by him will the assessee be given an assessment order?
What would be the status of the returns filed prior to 1st june 1999 and which were pending on that date?
What happens in a case where tax or interest is found to be due on the basis of Income declared?
In a case where a Refund is due will the assessee get the assessment order?
What is the present position of Rectification of mistake in an intimation sent to an assessee?
Penalties & prosecutions
If an assessee does not file his return of Income, is any penalty imposable upon him?
Prescribing maximum penalty for defaults committed with reference to sections 197a and 203
Appeals and Revisions
Rectification of an order by an Income Tax authority
Is there a time limit for disposal of application for Rectification u/s 154?
Revision Petition before the commissioner
Is there a fee for filing revision application before the commissioner of Income Tax?
First appeal to commissioner (appeals)
Has there been any change in powers of the commissioner (appeals)?
Second appeal to appellate tribunal
Stay granted by appellate tribunal for recovery of demand is operative for what period?
Appeal to the high court
Reference & appeal to hon'ble supreme court
What is the fee for filing appeal(s)?
Jurisdiction of civil courts barred
Refunds: how to get them fast
Who is entitled to claim a refund?
Is there form of claiming a refund and what is the limitation for such a claim?
Can a refund be claimed even beyond the period of one year?
Has a claim also to be made before the assessing officer in case of a refund arising on appeal?
Are there any exceptions to this procedure?
If the assesment is annualled, has the Tax paid even on returned Income to be refunded?
Do the authorities have powers to withhold issue of a refund?
Is interest to be paid on a delayed refund?
Can the assessing officer set off refunds due to the assessee against tax demands remaining payable by the assessee?
Is the assessing officer bound to accept a TDS certificate issued by the central government showing book adjustments?
Where non-residents are deputed to work in India and Taxes are borne by the employer, if any refund becomes due to the employee after he has already left India and has no bank account in India by the time the assessment orders are passed, can the refund can be issued to the employer?
Can excess TDS Be refunded by the tax deducting authority itself?
Some important tax provisions
TDS on winnings from game shows
Tax reduced on winnings from lottery, crossword puzzle, etc.
Collection of short TDS from payer of income
Modification of provisions relating to tax deduction on at source on interest income
Facility for filing of TDS returns on computer diskettes
Enlarging the scope of credit for tax deduction at source
New criteria for identifying New Assessees :-



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