Straight from the heart!

2 September, 2011

When Ransom Calls

Why pay tax on a critical business expense such as Ransom?

That’s right! In a landmark judgement by the High Court of MP, Ransom money was considered as a business expense allowable for a tax rabate!

One day Khemchand Motilal Jain, went to buy tendu leaves from the forest, which is raw material for his Beedi manufacturing unit. On the way, he got abducted by the dreaded Raju Bhatnagar’s gang and had to pay over half a million rupees as ransom for his freedom. Jain filed Rs. 5.50 lacs ransom as “General expenses” for seeking tax rebate under Section 37 of the Income Tax Act, 1961 while filing his IT returns which obviously raised quite a controversy.

Interestingly, there were conflicting opinions within members of the IT (Income tax) department and the matter was referred to the High Court of Madhya Pradesh. Amongst others, the high court validated following key points before allowing the tax rebate:-

a. It is NOT an illegal expense

Kidnapping for ransom is an offence u/s 364 A of the Indian Penal Code (IPC), however the payment of ransom to secure the release of a kidnapped person is not an offense or prohibited by law.

b. It WAS on grounds of Commercial expediency

Jain was a whole time director of the business and the amount was towards his release and expediency. The amount paid was towards avoiding harassment, in this case saving the life of the Director and resume business operations.

Such a judgement does restore faith in the Indian Judiciary system however, this has the potential to open flood gates to a whole lot of new issues. We know some tax payers could go to any limits to avoid paying money to the government. Perhaps a rise in misuse of the provision by staging false cases of kidnapping and other speed money arenas. Perhaps, paying a bribe can be challenged to be no different from paying Ransom and draws the same rebate. Perhaps, this becomes a new line of crime for some unemployed youth in the suburbs having a new “Business logic”. Maybe high profile criminals agree on wire transfers to foreign banks.

The question is:

Should the citizens be given tax benefits by the Government for the amounts paid in overcoming the lack of governance & peaceful existence ? What an Irony!

 
 
Disclaimer: The above article is based on my interpretation and personal views on the cases mentioned. It is not intended to be read as facts or contempt of any court’s ruling and merely for sharing a viewpoint.

18 August, 2011

The honest Indian

“I am Anna! You are Anna!”

“Down with Corruption!”

“Anna tum aagay barho, hum tumharay saath hain!” (Meaning: Anna you move forward, we are all with you!)

These are some of the slogans you would hear from many Indian citizens across the country who are agitating with Anna Hazare against the political parties with the objective of passing a new Lokpal (Public Ombudsman) bill in the Parliament. The cause of Anti-corruption is virtuous, unanimous & about time to be invoked.

But, when you look a little deeper and you will find faux & fable perceptions.

The hapless Indian middle-class, who are decent folks looted by the corrupt politicians. We are all saints and those netas are the enemy.

The hard fact remains that there is No such citizen who hasn’t preferred to choose an immoral path at some points of their life. The largest tax paying segment is this middle class where employees, proprietors, professionals et all fake bills, pay “Black money” to buy a property, give donations to unscrupulous trusts & “Manage” expense accounts to save tax. The fact is that Most businesses cannot even survive, leave alone compete, if they didn’t hide real earnings and grease hands of several government agencies.

So, Who are these selfless angels riding the anti-corruption crusade?

“Filmstars” with their stealthy income, “Parents” who have “Alternative” means for school admissions, “Students” who “Skilfully” escape traffic cops, “Shop-owners” without legitimate bill books, “Landlords” who take part cash rentals, show agriculture income, “Lawyers” & “Chartered accountants” who preach “Ways” of survival in this poor country led by cruel politicians. The mere mention of “Corruption” will make us instantly agitate.

The hypocrisy is comical and melodramatic.

Corruption is an evil! But the Politician is a just a minor element.

Charity begins at home! To fight this evil, the “Honest Indian” has to look within and take the Uncomfortable stand.

I have this strange feeling that the real Mahatma Gandhi would have agreed with this approach. 🙂

Are you ready for this?

27 May, 2010

BOOM, Apple beats Microsoft

History was being written yesterday … when by 4 p.m. NY time in NASDAQ Stock Market, Apple’s market value was at $222.1 billion, higher than Microsoft’s $219.2 billion. It’s also the second-largest U.S. stock by market value, behind oil company Exxon Mobil Corp., valued at $278.6 billion on the New York Stock Exchange.

A New World Order has arrived…

Apple Incorporation became the Most Valuable Technology company in the world, pipping Microsoft Corporation, which held the crown for very many years.

Culturally speaking, this is a strong indication that “Consumer tastes” have overtaken the “Business needs” as the leading force shaping technology.

Apple: A Stunning turnaround

Apple was on the verge of bankruptcy when Steve Jobs assumed  leadership in 1997. So much so, Michael Dell suggested that Apple should just shut shop and return the money to shareholders. Today, Dell is worth barely a tenth as much as the Mac maker. In the very same year, Apple accepted a $150 million investment from Microsoft in distress.

Steve transformed Apple from the maker of Macintosh personal computers into a trendsetter in consumer electronics with the release of  iPod music players in 2001 and made the popular Sony personal music instruments go virtually extinct. Then came the iPhone in 2007 which upset Nokia in a big way. The latest mega release of  the iPad tablet in April this year is again beating Apple’s own projections and sold more than 1 million tablets in the U.S. in the first 28 days after its April 3 debut which is interestingly, Double of their iPhone sales in its 1st month of  launch.

Microsoft: Betting big on the Cloud?

Both companies have comparable revenue, with Microsoft at $58.4 billion and Apple at $42.9 billion. But in their most recent fiscal years, Apple had net income of $5.7 billion, while Microsoft earned $14.6 billion. Microsoft still leads the race with nearly 9 out of every 10 new computers sold, whereas Apple’s Mac is less than 1. Microsoft has poured billions into its cell phone, online advertising and other new businesses that have yet to emerge as significant revenue streams.

The next battle for businesses, amongst Tech Titans is foreseen in the Clouds – and literally so. Microsoft’s banking big on Windows Azure and the launch of Office 2010 & Office Web Apps are paving the way as against the Google Apps engine. Cloud computing is projected to create over 300,000 jobs in India alone and provide the subcontinent another advantage for managing the world’s back office.

As for the users, Apple helped create “The best desktop computer”, “The best portable music device”,  “The best smart-phone and now also “The best tablet PC” and …. it’s not yet done with innovations !

24 March, 2010

The Great Firewall of China

What started as a hacking bid four months ago, ended as the biggest brawl in internet history this week, when Google routed its 140 million Chinese visitors from Google.cn to their “Uncensored” Hong Kong site.

Google officially claimed to have uncensored its “Search services” – web search, news and images. Yet, the retreat is only partial, as Google shall retain most of its existing operations including its research and development team, local sales force and continue to operate the online maps and music services.

Knowing that  Technically, it’s still very easy for the Chinese government to continue blocking Google’s services, Google conveyed that they are closely monitoring such activity and that such actions will directly impact Google’s remaining local employment in Mainland China.

Google announced its decision with carefully chosen words, balancing the sentiments of Chinese netizens on grounds of Google’s mission to free speech and yet avoid a possible Chinese government’s backlash on their local officials.

Contrary to popular belief, “Censorship” is NOT the prime reason for Google’s exit. After all, while entering the Chinese market in 2006, Google had themselves agreed to such compromising conditions, in their race for capturing an exploding internet population. The systematic and targeted hacking of Gmail accounts, theft of their source codes , accusations of spying on behalf of CIA, lack of intent in the actions of the government against such crimes and most importantly – a clear inclination of the government towards homegrown  players, over a prolonged period of time culminated to such a major decision.

So, how does this impact Google Inc. ?

  • Revenue:- Google’s $ 250 – $ 600 million revenue in China, is a fraction of their $ 24 billion global revenue. Google would’ve spent a bomb setting & running local operations anyways.
  • Market share:- Google’s share in the Chinese search market is just one third, with the local player – Baidu still holding the lion’s share at 58%. i.e. 140 million of the 400 million Chinese internet subscribers. Baidu and Bing will definitely see an upside with this development.
  • Immediate Impact:- Already, in the last three months, Google’s stock price has fallen by 1.5% as against Baidu’s rise of 15%.

  • Opportunity loss:- Some analysts’ feel the opportunity loss for Google in the next 5 years is estimated to be about $ 400 million revenue income from China, which is quite insignificant   against their overall global plans. Their may be a blip in Google’s Android handset launch in one of   the fastest growing telecom markets in the world.
  • Chinese User behavior:- Unlike trends in many “Free” internet markets, the Chinese internet users are basically NOT searching for information but Lifestyle. Gaming, Social networking, shopping, music & entertainment are the real drivers that constitute China’s $ 11 billion annual internet revenue income (2009).

Thanks to Baidu‘s strength in China, they stand in the 3rd place in worldwide internet search with 7% share, only after Google (67%) and neck to neck with Yahoo (8%). Microsoft sites are at a distant 4th position with 3% share (which is now gaining traction with Bing).

Google’s decision to quit China understandably affect Google’s shareholder’s, as one can easily feel jittery leaving out the most populous country in the world. However, Google’s fundamentals are strong. The Google success story was never about China. With the recent global economic turmoil, Google has just about scratched the surface of the immense potential advertising revenue it can get when company’s migrate from traditional to digital means of advertising in rest of the world. Also, Google has only done a “Partial” retreat. Their plans for Android, etc. in China are yet unchanged.

The impact on China & their strategy?

  • Credibility & Sovereignty: China’s stance on the topic is very clear. To preserve their culture and control on public information, all media in China (by law) is censored by the government and Google is no exception. After all, how would the US react if one fine day Yahoo Corporation were to stand up and say they did’nt care about US cyber laws? The problem is that China goes to any extent in meeting such objectives, which includes but does not limit to the use of force, stealth & mercenary tactics even. They are also highly nationalistic while dealing with foreign players in their country (Especially US corporations).
  • Internet & mobile user base:- China has a 28.9% internet penetration with a whopping 400 million subscribers. A large quantum of these (140 million) are Google users. ‘China Mobile Ltd. – the world’s biggest phone company by subscribers, with 527 million accounts, also uses Google for mobile search and maps.
  • Local players & their impact:- Tencent (Instant messaging), Alibaba (B2B trade), Taobao (Ecommerce) & Baidu (local search) are already leading business players. With Google’s departure, Baidu will grow stronger in internet search. As Youtube exits, Youku and Tudou will gain advantage… But, without global competitors, they will never become World class.
  • Local Entrepreneurs:- Another significant impact of a Google departure could lie behind the scenes, where many small Chinese companies, & entrepreneurs, rely on its AdWords advertising service, Gmail e-mail and documents services.
  • Unemployment:- With an explosive population in Mainland China & growing unemployment, such steps will isolate the country from the Global economy and limit the country’s economic growth.
  • Curiosity amongst Chinese Netizens:- It may be easy for the government to allow Google to shut shop, but telling 140 million people to suddenly change their behavior because the government wants to hide information from them, will not be a cake walk.  China may have to deal with great tact to contain the growing curiosity amongst such a vast population. What if they were to find out? My belief is that China will not unplug Google- Hong Kong’s access, but continue censorship and deteriorate their speed & quality such that users gradually migrate to alternate options.
  • Rampant Piracy:- Interestingly, Google (in a Chinese JV) also runs Top100.cn – which provides free music downloads across many labels in an unlicensed manner. There are doubts on the company’s future operations too. Top100 has been instrumental in reducing the Piracy in China which could suffer a dent for the industry as “Piracy thrives on censorship”.

The numerous chocolates, flowers & parting notes left on the Google’s signboard in Beijing office expresses a popular sentiment. Google’s dramatic exit from Mainland China, is no longer a clash between two rivals, but a more symbolic moment in history, which is bound to have an economic, political, technical and fundamentalist impact in the world over in coming times. This could even become a turning point in China’s  communist policies, as well as a revision in defining “A Free World”… and each one of us will feel it.

17 January, 2009

Chandni Chowk to China is a drag

Ever got a feeling of losing patience while tolerating nonstop nonsense? Exactly how one feels while watching the much hyped ‘Chandni Chowk to China’. It had such a gripping effect on the (remaining 😉 )  crowd, that they were unified in the cinema hall while yawning together and making sounds of “Oooh” in chorus, astonished to watch consistent stupidity of watching the star couple jump from a sky scraper to escape the villain, with help of an umbrella and immediately start singing.

chandni_chowk_to_chinaMuch contrary to Akshay Kumar’s macho image of  being a class  action hero & a super comedian in his  recent blockbusters, he is  mostly a cry-baby in the  film who is seen weeping with tears rolling  down.  After seeing his foster father being killed in front of  his eyes by  the Chinese villain, he is convinced to  avenge it and approaches an  old policeman for  learning Cosmic Kung Fu. He is taught so, on  principles of Shaolin but without an iota of  seriousness as he keeps  cribbing and making fun of  the steps, not to forget his utter  disrespect  for the master. What finally helps him win the ultimate  fight are  his  cooking skills from the Chandni Chowk dhaba. Deepika  Padukone  looks very fit & vibrant in her Chinese attire and performs a double role and martial arts very impressively. Ranvir Shorey also has a great comical start but his role later reduces to a mere informer lacking any punch.

The Chinese crime-lord Hojo (played by a Chinese superstar Gorden Liu), wears his signature black hat that is thrown as a boomerang to slit throats. Warner brothers being one of the producers of this movie might have contributed to bring comic features in Akshay, with smoke coming out of his ears and getting kicked to outer space and back, but it fails to tickle the funny bone. In fact, its unintended scenes of violence make many kids cry. There is occasional slapstick comedy which is entertaining but the movie is otherwise a drag. I could never imagine writing a blog review for this movie, but hey such an over hyped &  yet disappointing film comes only once in a while 😉

The movie is worth a watch only if you have spare time, are prepared not to seek logic, want to see Deepika in an impressive new role and are fond of Kailash Kher’s music.

1 December, 2008

The new face of global terror

Mumbai is not new to terror attacks and gang wars. The 26/11 terror attack however, in many ways has introduced a new face of terror. The city’s gentry which always felt secured in the luxury of five star hotels had to face an ordeal they had never imagined. Gone are the days when a terrorist was perceived to be illiterate, elderly, covered his face, used crude makeshift weapons and was often conspicuous in elite areas.

Terror in Mumbai

Terror in Mumbai

The modern day terrorist is much dangerous & global. These guys are highly trained in modern combat with sophisticated weaponry, speak fluent English, have detailed strategy to hit targets, have sleeper cells, wear urban & youthful attire, experts in cyberspace management and more ruthless than ever before. It was shocking to see their meticulous planning being implemented and how they managed to keep the highly trained commandos at bay for nearly 60 hours. Global leaders now realize that they are not immune to terror strikes anymore and if they don’t plug it right away, they will soon be at the receiving end. It is imperative for a strong polictical will to be formed and unified action be taken. However, a genuine thought crosses the heart – should only the governments be responsible to counter such terror? When have we last stopped to help an injured person on the road? When did we last sound an alarm when something suspicious happened in the neighbourhood? If we are not immune to such acts of cruelty, should we not come together to help each other? Should the politicians just be allowed to take cheap publicity from such carnage? If such dramatic change in extremism needs a major change in human attitudes, are we really ready to counter the new face of global terror?

Update: A recent story on IBNlive quoting Washington Post’s article that describes the recent recruitment trend of terror outfit (Lashkar). This further ratifies the new face of global terror. Some excerpts…

“The profile of those joining the militant group Lashkar-e-Taiba is changing,” the Washington Times said citing Brig. Gen. Mahmood Shah, who served the Pakistani Army in the largely ungoverned tribal areas along Pakistan’s porous border with Afghanistan. “We have doctors and engineers and computer specialists working for us,” says a militant commander.

9 November, 2008

The remaining quantum of James Bond

The 22nd Bond flick is a great action sequel to Casino Royale, which was in fact a tad better. It appears more like a Hollywood “Masala” movie which has carefully plotted fighting sequences in air, land, sea and on foot to satisfy the action hungry fans. Daniel Craig is yet again the macho 007 who has acquired Jason Bourne style of killer tactics and very predictably walks out of every damn situation with ease. The action sequences are extremely well filmed and would put the movie amongst top slots in that genre but the Bond’s character

Daniel Craig
Daniel Craig

we knew has somewhat diminished. “Name’s Bond, James bond” is not to be heard anymore. The refined charismatic appeal that attracts women, intelligent & snappy humor in verbal spats is deeply missed. The villains have also evolved over the years with unprecedented new objectives. Just as the plot to win a game of high stakes poker to fund terror by Le Chiffre in Casino Royale was already very difficult to digest, Dominic Green in this movie is gunning to capture the depleting natural resource, Water. The Bond girl, played by Olga Kurylenko also has an emotionally damaged past and a prominently burnt back. The sex scene with a fellow MI6 agent, played by Gemma Arterton seems to be a deliberate and out of context inclusion without the usual hard to get character snots. The new Bond is a highly emotionally charged guy with tears in his eyes (nearly), who gets drunk to overcome his love loss, refutes M‘s orders, makes sentimental statements when blocked by MI6 and is at times, quite pitiable in his disillusioned battle of trust. His is not very suave anymore but an assassin with lots of blood gushing in the movie, alleged to deliberately terminate every lead. The title theme song also leaves much to be desired. The whole experience will perhaps leave a larger impact of watching a super action flick and lesser of a signature Bond movie. Nothing yet can perhaps beat Bourne Identity in urban lethal action category but it’s the remaining quantum of James Bond that draws us to this movie.

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