Maharashtra Adjudicator defines CDR as “Sensitive Personal Information”

In an interesting case decided by the Maharashtra Adjudicator Mr Rajesh Aggarwal, compenation of Rs 18 lakhs was granted to a client against the Bank (ICICI Bank) and the Mobile Service Provider(Vodafone) in a phishing case.

The case was handled by advocate Prashant Mali and Naavi.org congratulates Prashant for his excellent work.

Report in TOI

Copy of the order

The case involved issue of a duplicate SIM by Vodafone with a false photograph and hence the Mobile Service Provider was also made a party.

There are many similar cases with other adjudicators including one in Kolkata.

We hope that Banks and mobile companies in future agree to compensate the victims without subjecting him to the hassles of the litigation.

Further, the judgement also categorically ruled ICICI Bank and Vodafone “Negligent” for not following appropriate security measures. Further the adjudicator acknowledged the plight of cyber crime victims and held out an advice to the DIT on the non appointment of the chairperson for CAT. In the process the adjudicator  has also considered the customer data in a mobile company as “Sensitive Personal Data”.

Considering all these factors, this judgement may be considered as another landmark judgement and both the adjudicator and the advocate who pleaded the case must be congratulated.

Probably adjudicators of other states need to take a lesson from Mr Rajesh Aggarwal.

Hope Karnataka IT Secretary is listening!

Naavi

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BitQuick.in to launch a Bitcoin exchange in India

Despite the recent doubts raised by RBI’s advisory on Bitcoin, BitQuick.in seems to be challenging RBI by starting an exchange in India.

Refer article

Though RBI has not come up with a specific guideline and hence it is true that BitQuick may be right in saying that there is nothing illegal about their activity, the tone of their statements are not in good taste. It is in the nature of challenging RBI and could have an adverse impact.

Naavi has been persuading RBI to come up with a proper guidelines to remove the uncertainty but does not support the challenge mounted on the Indian regulator.

I hope this arrogance is curbed in the larger interest of the Bitcoin community in India.

Naavi

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Does Nachiket Mor Committee report impress to deceive?

One of the first initiatives that the new RBI Governor Mr Raghuram Rajan took after assuming office a few months back was the formation of the Nachiket Mor committee on “Comprehensive Financial Services for Small Businesses and Low Income Households”.

Now the committee which was set up only in September 2013 has submitted its report at the same speed with which Raghuram Rajan displayed on the licensing of new banks. RBI released a copy of the report on january 7th for public comments. The Comments may be emailed or sent by post to the Principal Chief General Manager, Rural Planning and Credit Department, Reserve Bank of India, Central Office, 10th floor, Shahid Bhagat Singh Marg, Mumbai 400 001 on or before January 24, 2014.

The committee has made several radical recommendations and while laying down its vision statement for financial inclusion and deepening, has suggested providing a universal bank account to all Indians above the age of eighteen years and has recommended a Vertically Differentiated Banking System with Payments Banks for Deposits & Payments and Wholesale Banks for credit outreach with relaxed entry point norms of ` 50 crore.

On priority sector, the Committee has recommended Adjusted Priority Sector Lending Target of 50 per cent against the current requirement of 40 per cent with sectoral and regional weightages based on the level of difficulty in lending. The Committee has also recommended risks and liquidity transfers through markets.

The Committee has advocated regulatory convergence between banks and NBFCs based on the principle of neutrality with regard to classification of non-performing assets and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 eligibility.

The Committee has suggested that a State Finance Regulatory Commission (SFRC) be created into which all the existing State Government-level regulators could be merged and functions like the regulation of Non-Government Organisations-Micro Finance Institutions and local Money Services Business could be added on.

The Committee has desired that the Reserve Bank should issue regulations on suitability, applicable specifically for individuals and small businesses, to all regulated entities within its purview so that the violation of such regulations would result in penal action for the institution as contemplated under the relevant statutes through a variety of measures, including fines, cease-and-desist orders, and modification and cancellation of licences.

The recommendations are radical and will have significant impact on the Banking and Financial sector in India and will also significantly affect the stock markets. It will also affect the proposed new Banking licensee aspirants.

In view of the nature of some of the recommendations that may also affect security of public money, it is essential for experts in the field to study the report and submit their comments to RBI in time.

Mr M.S.Sriram, a former professor of IIM Ahmedabad opines has published an interesting article titled “Why the Nachiket Mor committee report on financial inclusion disappoints” in livemint.com which makes a good reading to begin your exploration of the report.

Naavi

Copy of the report is available here.: 

Additional comments of two of the members can be found here:

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Abolition of Personal Income Tax

A discussion has now ensued in India about the possibility of personal income tax being completely abolished if BJP comes to power. This proposal though is in the initial stage of discussion and yet to be adopted into the manifesto of the party for the forthcoming Loksabha elections, has already evoked lot of interest both from the economists and politicians.

There is no doubt that the proposal will be received well in those markets where AAP is gaining strength and hence it is a good political policy. However what is also required is to discuss the proposal from the point of view of it’s economic impact.

The undersigned welcomes the move for its revolutionary potential to reform the tax regime in the country. At the same time it is felt that some collateral measures would help in making the proposal work to long term benefits to the economy.

A good perspective on the subject is found in First post which is worth reading.

It is estimated that the current revenue from direct taxes in India is of the order of Rs 250000/- crores.  If therefore the proposal has to be given a serious concern, there has to be counter measures to offset this revenue loss.

It is also expected that if the proposal is introduced,  there will be an increase in the inflow of funds from professionals and businessmen to the Banking sector. (It is expected that the abolition of IT would presently be in the non corporate sector).

It is stated that 99% of the tax payers contribute insignificant amounts to the revenue kitty. It is only the top 4 lakh persons who contribute to the revenue in a significant manner.  Hence the abolition if it comes through will provide relief to early 4 crore voters in India who need not file IT returns. The current regime of Mr PC is obsessed with expanding the tax base and hence has built up a large number of irrelevant tax assessees. These are also the persons who feel harassed when IT officials raise needless queries on trivial transactions. The enormous saving in manpower arising out of leaving the 4 crore assessees from the tax bracket would add to the productivity of the economy.

One suggestion that is being discussed to offset the loss of revenue is an “Expenditure Tax” where a Bank customer would be taxed on the amount of “Net withdrawals from the Banking system”. However such a proposal would be counter productive since it will bring back the problems to the assesses in a different manner. It is therefore better if no such expenditure tax is considered. However there would be some increase in the demand for manufactured goods and an increased inflow in the indirect taxes.

In such a scenario, there would be a need for placing some incentives for public not to spend indiscriminately and adding to inflation. It would therefore be essential to encourage public to retain funds in the Banking system itself. An interest rate regime based on the volume of deposits can encourage increased savings accumulation in the Banks and avoidance of an incentive to have multiple bank accounts and carrying of benami accounts. What this means is that interest rate surcharge is paid to the depositors on the basis of deposit slabs. Eg: Deposits over Rs 1 lakh  will have an incrementa interest of 0.25% over and above the rate otherwise payable. Similarly deposits abo r Rs 5 lakhs can be paid a higher interest of o.5% etc.

At the same time, Banks need to invest the increased funds in a productive manner. For this purpose it would be advisable that the Government/RBI initiates some action on channelising Bank funds to the manufacturing sector by incentivising lending for Capital Expenditure on a long term basis. In other words, term loans for 5+ years to the manufacturing sector need to be encouraged. This can be done by providing some SLR/CLR exemptions based on long term lending to manufacturing sector.

Such a move would also provide a push to the stock markets particularly to the manufacturing sector besides banks.

In summary, abolition of Income Tax is exciting. At the same time some changes in the Banking sector would make it even more exciting.

I wish the think tank of BJP considers such additional proposals for Banking sector reform along with the proposal for abolishing the income tax.

Naavi

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Laxmi Coin.. The name is a problem

While there is a discussion on one hand about the RBI regulations on Bitcoins, the promoters of Laxmicoin are reported to be waiting for RBI clarifications for launching their Crypto Currency. (See Economic Times)

Apart from the controversies surrounding Bitcoins in general, Laxmi Coin is likely to encounter another problem of using religious sentiments to promote the coins.

Should the name of the Goddess of Wealth be used for naming a commercial product?… It is worth debating.

Naavi

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Should You invest in Bitcoins?

bitcoin_digitalThe press conference conducted in Mumbai by the Bitcoin alliance ended up with the media reporting ” Bitcoins Alliance India advices public to keep off, seeks legal clarity” (Economic Times)

Investors need to look at what are the legal and financial risks. After the above announcement, Bitcoin moved up to cross US$1000 again with the announcement that Zynga which manages many of the popular Facebook games accepting Bitcoins for many of the requirements of the games such as Farmville. This development is very significant since this indicates that many other online operators may start accepting Bitcoins. This will lead to an increased demand for Bitcoins and it will possibly ride over the uncertainties arising out of the regulatory caution in India.

To answer the question “Should you invest in Bitcoins?” one has to keep in mind the non financial legal risks. The main legal risk is that purchases  may lead to an investor being in the radar of the Enforcement Directorate. If the purchases are made strictly out of legal funds and the seller is properly identified, the risk should be lower. However if there is any ED enquiry, there could be other unpleasant consequences which an ordinary investor may consider as annoying.

I suppose that it will take a month for the confusion to settle down. However, in the long run RBI may reconcile to the fact that Bitcoin is there to stay as a currency of the virtual world and may not go to the extent of bringing about amendments to law just for the fear of Bitcoins.

Naavi

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