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BOMBAY CHARTERED ACCOUNTANTS SOCIETY ON 8TH SEPTEMBER 2004 AT WALCHAND HIRACHAND HALL, IMC MUMBAI
Happenings
Indian Derivatives in Hongkong Ex- RBI Governor-Mr. Bimal Jalan Volume on the Bourses Warren Buffet-www.berkshirehathaway.com Barring Bank-Nick Leeson Infosys-9th April, 2003
Definitions
A Derivative is: an instrument whose value is derived from the value of one or more underlying assets like commodities, currency, securities, index, etc.
a financial product which is derived from another financial product or commodity.
a term having its origin in mathematics, which refers to a variable which has been derived from another variable.
Pradip Kapasi & Co. Chartered Accountants 3
Functions
Market Players
Speculators-Day and Position Players Hedgers Arbitrageurs
Legal Framework
History and Need
SCRA
Wagering Contracts
Dr. L. C. Gupta Comm.-Regulatory Framework J. R. Varma Committee-Containment of Risk SEBI, BSE and NSE Pradip Kapasi & Co.
Chartered Accountants
F&O
Futures-An improvement over Forwards Options
Option & advance Call & Put American & European
Futures
v.
Options
Dimensions Rate of Interest as a consideration Pricing Process Exposure Initial Cost Degree of Risk of the parties
Trading Mechanism
Trading commenced in June 2000 SEBI authorized Exchanges Clearing House-Counter party Derivative segment Clearing and Trading Member Financial guarantee Deposit and Margins Index and Stocks-Options & Futures
Pradip Kapasi & Co. Chartered Accountants 9
Exchange Operations
S & P CNX NIFTY and BSE SENSEX Standardized Contracts Trading Units & Minimum value Screen based trading Three months cycle Settlement Date-Last Thursday Initial margin-Determination-Cash equivalent Mark to Market-Daily Margins Cash settlement only Range of Strike Price determination Transaction Costs Pradip Kapasi & Co.
Chartered Accountants
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Accounting Guidelines
Guidance Notes of ICAI
Accounting for Equity Index Futures-December 2000 Accounting for Equity Index Options-June 2002 Accounting for Equity Stock Options-June 2002 Accounting for Equity Index stock/stock FuturesOptionsSeptember 2003, ICAIJ
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TAXATION
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General
Whether an asset-Security under SCRA
Whether a cap. asset-S. 2(14)- Property with value Head of Income-Relevant factors Likely concession for commodities
Pradip Kapasi & Co. Chartered Accountants 13
Business Income
Whether Speculation Business Applicability of Explanation to S. 73 Treatment of provision for losses Book Profit Effect of daily settlement Method of Accounting Transaction Cost Valuation at the year end Time of accrual of premium for writer
Pradip Kapasi & Co. Chartered Accountants 14
Speculative Transaction
S. 43(5)- Speculative transaction means a transaction in which a contract for the purchase or sale of any commodity, including stocks and shares is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity or scrips: Provided that for the purposes of this clause (a) A contract in respect of raw materials or merchandise entered into by a person in the course of his manufacturing or merchanting business to guard against loss through future price fluctuations in respect of his contracts for actual delivery of goods manufactured by him or merchandise sold by him ; or (b) A contract in respect of stock and shares entered into by a dealer or investor therein to guard against loss in his holdings of stocks and shares through price fluctuations; or (c) A contract entered into by a member of a forward market or a stock exchange in the course of any transaction in the nature of jobbing or arbitrage to guard against loss which may in the ordinary course of his business as such member; Shall not be deemed to be a speculative transaction
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Speculation Business
Speculative Transaction S.43(5) S.2(h) of SCRA Shares & Stocks Commodity
S. 2(46) of Companies Act
Actual Delivery- Lex non cogit ad impossibilia Difficulties in applying Exceptions Explanation to S.73
Apollo Tyres, 255 ITR 273 (SC)
Pradip Kapasi & Co. Chartered Accountants 16
Compound Financials, 67 ITD 304 (Bang.) ANZ Grindlays Bank, 88 ITD 53 (Del)
Business Income
Allowance of Provision
Book Profit & Provision for Losses
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Capital Gains-General
Underlying Assumptions
Right an asset Fictional purchase & sale Merges with a larger asset
Situations
Cash settled Hedging Delivery settled
Capital Gains-Specific
Future Contracts-Buyer Specific Future Contracts-Seller Specific Call Options-Buyer Specific Call Options-Seller Specific Put Options-Buyer Specific Put Options-Seller Specific
Pradip Kapasi & Co. Chartered Accountants 19
Audit
No Special provisions
Regulatory Requirements Income Tax Act
Value or Difference
Gross or Net
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SPECULATIVE TRANSACTIONS
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Speculation Business
Speculative transaction S.43(5)
Explanation 2 to S.48 Speculation Loss S.73
Explanation to S.73
Pradip Kapasi & Co. Chartered Accountants 22
Dealer or Investor
Explanation 2 to S.28
Speculation transactions - business
Distinct and separate business Separate computation for I T Act
R. Chinnaswamy Chettiar, 96 ITR 353 (Mad.)
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25
Hedging - I
Requirements
Two contracts Commodities and scrips Holdings & Contract of delivery Guard against price fluctuations
Different scrips
Circular 23D Index F & O
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Hedging - II
Burden of proof Joseph John, 67 ITR 74 (SC) Co-relation necessary Somasundaram Chettiar, 194 ITR 1 (SC) Independent treatment
Arjan Khimji & Co., 121 ITR 421 (Bom)
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Delivery
Delivery Notes
Davenport & Co., 100 ITR 715 (SC) Recalled delivery Clayton Commercial, 67 ITD 118 (Del) Intended delivery Gandhi Bhandari & Co., 83 ITD 680 (Pune) Pending delivey Sampath & Iyengar Ninth Edn. Judicial controversy Pradip Kapasi & Co.
No delivery
Chartered Accountants
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Settlement
Settlement without delivery
S.63 of Indian Contract Act
Shantilal (P) Ltd., 144 ITR 57(SC) Kamani Tubes Ltd., 207 ITR 298 (Bom) Badridas Gauridu, 261 ITR 251 (Bom)
Stray transactions
Concerted activity and efforts Treatment under the law
Casual Income Other sources Capital Gains
Plurality of transactions
Indian Commercial Co., 106 ITR 465 (Bom) G.P. Birla HUF, 199 ITR 173(Cal)
Pradip Kapasi & Co. Chartered Accountants 31
32
Arbitrage
Nature of Operations Whether business Whether speculation business
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Tax Audit
Applicability
Growmore Exports Ltd., 78 ITD 95 (Mum)
Gross or Net
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36
37
EE-IV
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Composition of GTI
Mfg (+) Shares(-) O/I (+)
EE-V
Associated capital markets, ITA No. 1103, 1104, 3051/M/2001 dt.31.03.03 G Bench Rajan Enterprises, 41 ITD 369(Bom.)
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IPO Subscriptions
Sri Gopal Jalan & Co. AIR 1964 SC 250
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Business Expenditure EE - IX
Effect on quantum of loss Common expenditure
Maharashtra Sugar Mils, 82 ITR 452 (SC) Rajasthan Warehousing Co., 242 ITR 450 (SC) Associated Capital Market Tdg & Inv.s case Section 14A
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EE - X
44
45
EE - XII
46
EE - XIII
47
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