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‘IAI’s Disciplinary Committee report can be precedent for ICAI, other institutes’

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Is the remittance of part of the consultancy fee to the Insurance Regulatory and Development Authority of India (IRDAI) by an employee as per service condition a professional misconduct?

Yes says, a Disciplinary Committee set up by the Institute of Actuaries of India (IAI).

The IAI Disciplinary Committee’s decision would also have a bearing on the chartered accountants in a similar position as the Committee’s report was also signed by Uttam Agarwal, then President of Institute of Chartered Accountants of India (ICAI), said a senior accountant.

The ICAI has similar rules for professional misconduct.

K.Subrahmanyam, retired Executive Director (Actuary), IRDAI, has knocked the doors of Telangana High Court seeking justice against IAI Disciplinary Committee declaring him as guilty of professional misconduct.

He also wondered about the IRDAI’s silence on the issue after issuing him the permission in writing and accepting his remittance for several years.

The IAI’s Disciplinary Committee in 2021 had declared Subrahmanyam as guilty of professional misconduct.

The misconduct he was accused of is the payment of a part of his actuarial consulting fee to the IRDAI while in service between 2000-2011 as per his employment condition.

He was allowed to carry on actuarial consulting practice by the IRDAI subject to the condition that he remits 25 per cent of the consulting fees with the regulator.

“I carried on my consulting practice and remitted 25 per cent of the fee to IRDAI between 2000 and 2011,” Subrahmanyam told IANS.

“As a matter of fact, Subrahmanyam had consulted the Government of Nepal and Sri Lanka apart from others,” a retired senior IRDAI official told IANS preferring anonymity.

In 2017, six years after his retirement from IRDAI, Subrahmanyam got a shock as actuary N. Srinivasan made a complaint to IAI against him for professional misconduct – for remitting part of his fees to the IRDAI.

Incidentally, the IAI did not even consider the IRDAI’s former Chairman N. Rangachary’s communication clarifying the issue while setting up a Disciplinary Committee to proceed against Subrahmanyam.

In his letter to IAI President, Rangachary had said: “The ASI (Actuarial Society of India) which controlled your profession and consisted of very few members most of them in employment possibly outside India.”

The IRDAI was engaged seriously in seeing to it that a vibrant actuarial profession was functional. One such move was to permit some actuaries in employment to take up assignments in the area of attestation, he added.

Referring to the initiation of the disciplinary proceedings against, Rangachary said: “As Chairman of the authority (IRDAI) I had permitted him (Subrahmanyam) to engage himself in practice in a limited number of cases but subject to the regulations of the authority. Since there was an interchange between the regulator and the profession, both of whom were in the early growth stage, it was then prescribed that as is normally adopted by both the government and statutory bodies a small percentage was to be remitted to the employer.”

Nevertheless, the IAI Disciplinary Committee declared Subrahmanyam as guilty of misconduct under The Actuaries Act 2006 Section 31 Part I and sub section 2 which reads: “An Actuary in practice shall be deemed to be guilty of professional misconduct, if he pays by way of remuneration to an employee, pays or allows or agrees to pay or allow, directly or indirectly, any share, commission or brokerage in the fees or profits of his professional business, to any person other than a member of the Institute or a partner or a retired partner or the legal representative of a deceased partner.”

The Chartered Accountants Act has an identical provision for professional misconduct.

“If a similar issue happens in another regulatory institution like ICAI, the same action will be taken. This is fortified by the ICAI President signing the IAI Disciplinary Committee report,” P.S.Prabhakar, President, Society of Auditors, told IANS.

Business

Stock market opens higher, auto stocks lead rally over GST booster

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Mumbai, Sep 8: The Indian benchmark indices opened higher on Monday over the GST booster, amid tariff-related uncertainty between India and the US.

As of 9.35 am, Sensex was up 280 points or 0.35 per cent, at 80,991, and Nifty was up 84 points or 0.34 per cent, at 24,825. The broadcap indices, Nifty Midcap 100 inched up by 0.77 per cent, and the Nifty smallcap 100 inched up 0.72 per cent.

Among sectoral indices, the Nifty Auto was the top gainer, rising 1.52 per cent, followed by Nifty Metal and Nifty Realty. In the Nifty pack, Tata Steel (up 2.57 per cent), Tata Steel, Tata Motors NTPC, Hindalco and SBI were the major gainers, while losers included SBI Life Insurance, Asian Paints, Dr Reddys Labs, Titan Company and Trent.

Analysts said that on the technical front, Nifty showed resilience after last week’s sharp midweek sell-off, rebounding strongly from the 100-day EMA near 24,633. The index formed a hammer candlestick pattern on the daily chart, indicating buying interest at lower levels.

The GST Council has reduced rates across insurance, medicines, and daily essentials, providing significant relief to households, farmers, and industries.

“Key support is placed around 24,600–24,280, where the 100-day and 200-day EMAs converge. A decisive close above the 25,000 mark will be critical to confirm the next leg of upside, potentially opening the path toward the 25,500–25,675 supply zone,” said Amruta Shinde from Choice Broking.

Analysts said that the heightened uncertainty surrounding the US-India trade relations will continue to weigh on markets.

However, US President Donald Trump’s recent statements regarding the “special US-India ties” indicate improvement in the strained relationship.

“Rumours suggest potential restrictions on India’s IT exports, despite the fact that reciprocal tariffs have not yet affected trade in services. These concerns will continue to influence the market, which got a morale boost from the GST reforms. The euphoria from GST reform was short-lived since the market had already partly discounted the GST rate cuts,” said Dr VK Vijayakumar, Chief Investment Strategist, Geojit Investments Limited.

The US markets ended in the red zone on Friday, the Dow Jones Industrial Average slipped by 0.48 per cent, while the Nasdaq declined by 0.03 per cent and the S&P 500 dipped 0.32 per cent.

The Asian markets traded mixed. China’s Shanghai index inched up 0.16 per cent, and Shenzhen added 0.18 per cent. Japan’s Nikkei was up 1.42 per cent, while Hong Kong’s Hang Seng Index added 0.36 per cent. South Korea’s Kospi inched up 0.2 per cent.

On Friday, foreign investors (FIIs/FPIs) turned net sellers with outflows worth Rs 1,304 crore of Indian equities, while domestic institutional investors (DIIs) net bought shares worth Rs 1,821 crore.

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Business

Banks Expect Increased Credit Demand Across Retail, MSME, & Agricultural Segments After GST Reforms

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New Delhi: With the Goods and Services Tax (GST) reforms, banks expect increased credit demand across retail, MSME, and agricultural segments as incomes rise and business investment picks up.

According to Ajay Kumar Srivastava, MD and CEO, Indian Overseas Bank, the reform will create a strong effect across the economy, leading to improved cashflows for distributors and retailers, greater working capital access for small businesses, and expanded credit requirements amid rising demand.

“Overall, this decision acts as a catalyst for inclusive growth and economic transformation aligning itself to India’s vision of Viksit Bharat”, said Srivastava. This move makes taxation more transparent and easier to follow. “We expect these measures will drive an estimated growth in consumption over 8-10 per cent in the next two quarters in rural markets, particularly benefiting farmers through reduced costs on agricultural products where GST has been brought down from the 12 per cent to 5 per cent,” according to Srivastava.

The price cuts on daily essentials like dairy products, household items, and consumer durables will provide more relief and reduce the burden to the consumers. The reduced GST on vehicles, electronics, and housing materials will create demand for these segments, while making insurance policies completely tax-free will enhance financial inclusion.

According to Sanjay Agarwal, Senior Director, CareEdge Ratings, GST rate cuts result in a decrease in the final price of goods and services, which enhances consumer purchasing power and could stimulate demand across various sectors.

The impact is generally visible in the consumer durables segment. Lower GST rates on automobiles, electronics, and appliances not only make these products more affordable but also expand the addressable market to include price-sensitive consumers who were previously priced out.

“Banks could see an increase in auto loans, personal loans for electronics purchases,” he mentioned. Outstanding housing loans, vehicle loans, credit card and consumer durables account for around 16.7 per cent, 3.5 per cent, 1.6 per cent and 0.1 per cent of banking credit, respectively.

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Business

Auto Stocks Zoom On GST Rate Cuts, Hyundai Tops Gainers As Market Anticipates Festive Season Boost

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Mumbai: On Friday, auto stocks saw a strong rally after the GST Council’s decision to cut tax rates on small cars and motorcycles. The BSE Auto Index rose by 1.30 percent, closing at 58,883.09 points. This surge came as the market responded positively to the new two-slab GST system — 5 percent and 18 percent — announced to take effect from September 22, the first day of Navaratri.

Hyundai Motor India led the auto sector gains, rising 2.69 percent on the BSE. Other top performers included Eicher Motors (+2.43 percent), Mahindra & Mahindra (+2.34 percent), and Ashok Leyland (+2.22 percent).

Maruti Suzuki also climbed 1.70 percent, while TVS Motor went up 1.28 percent. Smaller gains were seen in Sona BLW (0.80 percent), Bharat Forge (0.77 percent), Tata Motors (0.63 percent), Bajaj Auto (0.22 percent), and Hero MotoCorp (0.21 percent).

The reduction in GST rates from 28 percent to 18 percent on many popular vehicle categories is being seen as a major positive move. It affects petrol, LPG, and CNG vehicles with engine sizes under 1,200cc and length under 4,000 mm, and diesel vehicles under 1,500cc and 4,000 mm. Two-wheelers like motorcycles under 350cc will also now attract 18 percent GST, down from the current 28 percent.

Experts believe the decision will benefit first-time buyers and middle-class families, especially during the upcoming festive season. According to Ajit Mishra of Religare Broking, the move is ‘timely and will inject fresh momentum’ into the auto sector. Industry players say this will not only boost sales but also investor confidence in automotive stocks.

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