R.N.I. No. MEHENG/2005/14226 Maharashtra Postal Regd. No. MH/MR/N/29/04-05
Volume 1 • Issue 11 • November 4, 2005 • Pages 8 • Price Rs. 2.50 per copy • Email : email@example.com
» Right to Information vis-a-vis Tax Authorities - Suresh Agarwal
The Right to Information Act, 2005 has come into force in whole of India (excluding Jammu & Kashmir) from mid
October. The objective of this Act is to bring about transparency and accountability in the govt. agencies and also to
contain corruption and nepotism among various public authorities by empowering the citizens with a right to ask as to
how the govt functions.
As a part of implementation of the Act the Central Information Commission has been constituted with Shri Wajahat
Habibullah as Chief Information Commissioner.
The Right to Information (Regulation of Fees and Cost) Rules 2005 have been made. Under these rules fees shall be
charged as follows:
Fees with every request for information - Rs. 10
Fees for each page of information created or copied-
A-4 or A-3 size paper - Rs. 2 per page
Larger size paper - actual cost
Fees for samples or models - actual cost
Fees for inspection - For first hour - free
For each subsequent hour - Rs. 5
Fees for providing information on CD or floppy - Rs. 50 per CD or floppy
Fees for information provided in printed form - Price fixed for publication or
Rs. 2 per page of photocopy
In compliance of Sec 4(1)(b) of the Act various Direct and Indirect Tax Authorities have sue moto published certain
information on their websites namely www.incometaxindia.gov.in and www.cbec.gov.in. The salient features of this
information are briefly stated as follows:
Information Central Excise Customs Service Tax
required as per Act
Particulars of its - Apex body: Central Board of - Apex body: Central Board of - Apex body: Central Board of
organisation Excise & Customs (CBEC)~ Excise & Customs (CBEC) Excise & Customs and
- 23 zones headed by Chief - 11 zones headed by Chief assisted by Directorate of
Commissioners Commissioners Service Tax at Mumbai
- 93 Central Excise - 35 Customs - Administered by various
Commisionerates headed by Commisionerates headed by Central Excise
Commisioners Commisioners Commisionerates
- 67 posts of Commr. of - 67 posts of Commr. of - 6 Commisionerates
Central Excise & Customs Central Excise & Customs exclusively for Service Tax in
(Appeals) (Appeals) metros - Delhi, Mumbai,
- 4 posts of Commr. of - 4 posts of Commr. of Kolkata, Chennai,
Central Excise & Customs Central Excise & Customs Ahmedabad and Bangalore
Particulars of its Levy and collection of Levy and collection of Levy and collection of
functions & duties Central Excise Customs Duties and Service Tax
prevention of smuggling
Powers and Duties of -Defined in Central Excise Act -Defined in Customs Act 1962 -Defined in Chapter V of
its Officers and 1944 and Rules made -Further defined in Citizens' Finance Act 1994 and
employees thereunder Charter Service Tax Rules 1994
-Further defined in Central
November 4, 2005 01
Information Central Excise Customs Service Tax
required as per Act
Procedure followed in -Outlined in Central Excise Decision making -Same as for Central Excise
the decision making Manual, Adjudication Manual, -Strategic: By CBEC, Chief
process, including and Audit Manual etc. Commisioners
channels of -Brief procedure given for -Tactical: By Commrs,
supervision and Registration, Filing Returns, Addl./Joint Commrs.
accountability Provisional Assessment, -Operational: By Dy./Asstt.
Adjudication, Refund/Rebate Commrs, Supdt. etc.
and Audit Procedure:
-Online declarations for
import and export
-Export system highly
Norms set out by the Main mission of CBEC is to Main mission of CBEC is to Specified in the Chapter V of
organisation for 'realise the revenues in a fair, 'realise the revenues in a fair, the Finance Act 1994 and the
discharge of its equitable and efficient equitable and efficient Citizens' Charter
functions manner.' For achieving this manner.' For achieving this
focus is on 'use of IT and focus on 'use of IT and
encouraging voluntary encouraging voluntary
Rules, regulations, Apart from various Acts and All these available on website Apart from various published
instructions, manuals Rules CBEC has published www.cbec.gov.in Acts and Rules made for
and records held by it Central Excise Manual of Service Tax, different
or used by its Supplementary Notifications and Circulars
employees for Instructions for guidance of are available on
discharging its its officers is available www.cbec.gov.in
A statement of -Applications for registration, Various documents have been -Applications for registration
Categories of refund, rebate, or duty listed. Important among them (Form ST-1)
Documents that are drawback. are for Import and Export - -Certificates of registration
held by it or under its -Returns filed by assessees Commercial Invoice, Airway (Form ST-2)
control like ER1,ER2 & ER3 Bill/ Bill of Lading/Shipping -Returns of Service Tax (Form
Bill, Packing Lists, ST-3)
Particulars of any -Regional Advisory -Watchdog Committee -Help Centres to address
arrangement that Committees (RAC), Public - Regional Advisory specific problems of
exists for consultation Grievance Committee (PGC) Committees (RAC) assessees -Open house
with, or in each Commissionerate. -PGC -Permanent Trade /meetings/ seminars
representation by the -Help Centres for assistance Facilitation Committee -RAC & PGC being
members of the of small tax payers. -Airport facilitation Committee constituted.
public in relation to -Grievance redressal system
the formation of its for Cargo & Passenger
policy or Clearance
Boards, Councils Same as stated above Same as stated above Same as stated above.
constituted for the
purpose of its advise.
Directory of its offices Notified by each of the Notified by each of the Notified by each of the
and employees formations separately formations separately formations separately
Monthly remuneration Notified by each of the Notified by each of the Notified by each of the
of each of its officers formations separately formations separately formations separately
including the system
Budget allocated to Notified by each of the Notified by each of the Notified by each of the
each of its agency formations separately formations separately formations separately
02 November 4, 2005
Information Central Excise Customs Service Tax
required as per Act
Manner of execution Not Applicable Not Applicable Not Applicable
Particulars of Sec. 5A of Central Excise Act In specific cases of imports, U/S 93(1) of the Finance Act
recipients of empowers central Govt to ad hoc exemption order u/s 1994 central govt. can grant
concessions, permits grant exemption from 25(2) of Customs Act is exemption from payment of
or authorisations payment of excise duties issued by central govt. Service Tax
granted by it
Details in respect of -Central Excise Laws and -Customs Laws and -Service Tax Laws and
the information, procedures maintained at procedures maintained at procedures maintained at
available to, or held www.cbec.gov.in www.cbec.gov.in www.cbec.gov.in
by it, reduced in an -Electronic filing of excise -Business can be transacted -Electronic filing of Service
electronic form available on electronically with customs Tax available on
www.exciseandservicetax.nic.in at www.icegate.gov.in www.exciseandservicetax.nic.in
-Directorate of Data -Directorate of Data -Directorate of Data
Management maintains Management maintains Management maintains
commodity-wise revenues of commodity-wise revenues of service-wise revenues of
central excise in electronic customs in electronic form. central excise in electronic
Particulars of facilities Information avenues: Information avenues: Library is maintained in each
available to citizens -Help Centres maintained for -Help Centres maintained for office. However the facility is
for obtaining helping small assessees. helping small assessees. available only to the officers
information including -Information and Facilitation -Information and Facilitation of the department and is not
working hours of a Counters at Commissionerate Counters at meant for public use.
library or a reading HQ. Commissionerate HQ.
room, if maintained -CBEC website -CBEC website
for public use www.cbec.gov.in www.cbec.gov.in
-Small libraries are -Small libraries are
maintained in each office but maintained in each office but
they are used only by the they are used only by the
officers of deptt. officers of deptt.
Names, designations List of CPIOs and CAPIOs are List of CPIOs and CAPIOs are List of CPIOs and CAPIOs are
and other particulars provided on the website provided on the website provided on the website
of the Public www.cbec.gov.in www.cbec.gov.in www.cbec.gov.in
Income Tax deals with the administrative aspects, composition and
The information published by IT department, in compliance organisation of I.T. Deptt.
of Sec.4(1)(b), is neither point-wise nor elaborate. The a. Volume I- work allocation, personnel matters and
summary of the published information is as follows: the grievance redressal system.
b. Volume II-technical aspects, assessment
1. Income Tax Deptt. functions under the supervision and procedures, widening of tax base, refunds,
control of Central Board of Direct Taxes (CBDT). It has recovery, appeals and revisions.
around 60000 personnel in 500 cities and towns across c. Volume III-Authority for Advance Ruling,
the country. Settlement Commission, search and seizure,
2. Field offices are divided into regions and each region is internal audit, revenue audit, inspection and
headed by a Chief Commissioner of Income Tax. important reports.
3. The Income Tax Act 1961 defines the Income Tax 9. Internal Audit Manual contains guidelines for
Authorities, their jurisdiction and powers. conducting internal audit and prescribes checks for
4. The Income Tax rules 1962 lays down limits, conditions, detecting leakages of revenue. It also prescribes the
definitions, explanations and forms of applications and records/registers to be maintained and lays down the
procedures for application of the Act. role & functions of various authorities in this regard.
5. Other Direct Taxes are also governed through the similar 10. Manual of Inspection Guidelines prescribes the
arrangements. guidelines for qualitative and quantitative analysis of
6. Technical and administrative records are maintained as the performance of an officer and his staff.
specified by CBDT from time to time.. 11. Write Off of Tax Arrears Manual provides rules
7. Circulars are issued by CBDT from time to time for relating to the powers of the authorities to write off
effective management of tax assessment & collection. and scale down arrear tax demands. It lays down
8. The Manual of Office Procedure in three volumes procedure for writing off of Income Tax, Wealth Tax
and other direct taxes.
The author is Div. Manager at NEI, Jaipur and can be reached at firstname.lastname@example.org
November 4, 2005 03
» Latest Circulars And Notifications Under MVAT and Profession Tax - Bhushan Khot
Trade Circular No. 31 T of 2005 Dt. 3-10-2005 The co-operative housing societies which are not
engaged in any profession, trade or calling and have not
Premature repayment of the amount of deferred taxes by employed persons or have employed persons with a
the Eligible Units at Net Present Value. monthly salary or wages of less than Rs. 2000/-, then
such co-operative housing societies are not required to
The rule 84 of the MVAT Rules, prescribes the procedure pay Profession Tax.
for calculation of NPV for the purpose of pre-payment of The co-operative housing societies which are not
the amount of deferred taxes as provided by sub-section engaged in any profession, trade or calling, but have
(2) of section 94 of the MVAT Act. The rule 84 of the MVAT employed persons and paying salary or wages to any or
Rules contains the table to calculate the net present value all of such employees at the rate of Rs. 2000/- or more
of deferred taxes. per month are required to deduct and pay Profession Tax
It is noticed from the table that the figures of percentage to Government on account of such employees by
corresponding to the serial no. 164 onwards till the serial obtaining Certificate of Registration under the Act.
no. 325 have not been correctly mentioned in the English The co-operative housing societies which are engaged in
version of the table. A table showing the correct figures of any profession, trade or calling (viz., providing services to
percentage is given in the said circular for the benefit of non-members) shall have to obtain Certificate of
the dealers. Enrolment and pay Profession Tax for themselves.
The co-operative housing societies which are engaged in
Trade Circular No. 32 T of 2005 Dt. 13-10-2005 any profession, trade or calling and also paying salary or
wages @ Rs. 2000/- or more per month to persons
Modification in the procedure for grant of registration employed by them, shall have to obtain both Certificate
under the MVAT Act, 2002 in Mumbai. of Registration and Certificate of Enrolment under the Act
and pay the Profession Tax accordingly.
In order to mitigate the difficulties of the applicant
dealers as well as to streamline the system of grant of Trade Circular No. 26 T of 2005 Dt. 15-10-2005
registration certificate, it is decided to modify the
procedure and redefine the workflow in the registration Levy of Profession Tax on Compensation/ex-gratia
branch in Mumbai. This circular gives idea about the new received under any kind of retirement scheme.
registration procedure applicable from 1st November
2005. The compensation/ex-gratia received by any employee
from his employer or former employer in connection with
Trade Circular No. 33 T of 2005 Dt. 21-10-2005 the termination of his employment would fall within the
expression “Salary”, and the amount is taxable in the
Provisional Refund: Early Refund hands of employer under the provisions of the Profession
Tax Act. The relationship of employer and employee
This circular lays down the procedure to be applied for the comes to an end, as there is no longer contract of
refunds to be granted under the first proviso to sub- employment as the contract stand severed on the
section (2) of section 51 and in respect of the refunds to payment of compensation.
be granted in respect of the year 2005-06. In view of the above, the following guidelines are issued
in respect of levy of Profession Tax on compensation/ex-
Trade Circular No. 34 T of 2005 Dt. 26-10-2005 gratia received under any kind of retirement scheme.
Administrative relief to the dealers who have not When the compensation/ex-gratia is paid in lump sum,
collected taxes at the appropriate rate during the period then such amount shall be the salary or wages of such
1st April 2005 to 30th April 2005. specific year in which such amount is paid.
When the compensation/ex-gratia is paid in installments,
Many dealers in anticipation of some changes in MVAT if such installments are spread over more than one
have not collected taxes at the correct rates on their sales financial year, then the amount actually paid in any
made during the period 1.4.05 to 30.4.05. The Govt. of financial year shall be the salary or wages of such specific
Maharashtra by a resolutions dt. 4.10.05 has sanctioned year.
a scheme for grant of administrative relief. As per the
scheme the concerned dealers will get administrative Notification No. VAT 1505/CR-237/Taxation-1.
relief on the goods on which tax rate was reduced from 1st Dt. 17th October 2005
may 2005 from 4 % to 0% or from 12.5 % to 4 % on the
fulfillment of certain conditions specified in this circular. This Notification specifies the goods more particularly
described by entry 56 of the Schedule 'C' appended to the
Trade Circular No. 25 T of 2005. Dt 7-10-2005. Maharashtra Value Added Tax Act, 2002 (Mah. IX of
Co-Operative Housing Societies and related provisions 2005) appended hereto, to be Information Technology
under Profession Tax Act. products for the purposes of the said entry.
The author is a chartered accountant. He can be reached at email@example.com
04 November 4, 2005
» Online TAN View - Team FFB
After you have filed your eTDS statements for the Status of TDS/ TCS Return - Fig 1
financial year 2005-06, it is possible to view the details If the TAN and PRN is correctly entered and if the file is
online. NSDL has started a new link on its web site where uploaded in the system, you will be able to view the
in such details will be visible. In this article, this facility is status.
being explained .
• File Ref No - A unique No generated by system
Link • Form No - 26Q or 24Q etc
• PRN No - :Provisional Receipt No
The web link to access this facility is www.tin-nsdl.com • Assessment Year
Click TaxPayer View TAN/PAN • TAN
• Deductors Name
Login • Challan Count - Number of challans in the eTDS
The online view facility is available for Banks, Deductors/ • Click to View Challan Status
AIR, PAN Holders and TIN-FCs. At the time of writing this • Click to View latest Salary Details
article, the facility for PAN view is not activated. Hence, • Status - Whether received by TIN
we will only describe TAN View.
Status of Challan Annexure - Fig 2
For login, click Deductor/ AIR, enter your 10 digit TAN in
login and same to be repeated as password. Click Submit. When you Click to view challan status, the annexure
details will be visible
In the next page, click on File status->File status by PRN
No The status of each challan will be visible as follows
• Challan Record No
View Status • CIN consisting of Serial No, Date and BSR Code
You will be prompted to enter the 15 digit PRN or Status of Deductee - Fig 3
Provisional receipt No issued by TIN facilitation centre. On clicking count of deductee the view deductee screen
Select the financial year and click on View Status will appear whereby inputing PAN and deposited amount
will show the status of the same.
Status of TCS/TDS Returns
File Form Return Provisional Assessment TAN Name of Challan Click to Click to view Status
Ref No. No. Type Receipt No. Year Deductor Count view latest
(PRN) challan Salary
218273 24Q - 010220500004783 200607 MUMF03333E xyz 2 xxxxxx xxxxxx Received by
Status of TCS/TDS Challan Annexure
Select Status : All View By Status
Challan Challan Identification Number Total Total amount as per Deductee Count of Count of Status Provisional
Record (CIN) deposited annexure Deductees Unbooked Deductees Receipt No
No. Challan Bank Bank amount Tax Interest Other Total PAN No/Invalid (PRN)
Sequence Date/ BSR as per deposited deducted not in ITD PAN
No. Date of Code challan amount( Database
Tender TDS +
1 7077 07-06-2005 0510097 xxxxx xxxxx xxxxx xxxxx xxxxx 1 1 0 010220500004783
1 7042 07-07-2005 0510097 xxxxx xxxxx xxxxx xxxxx xxxxx 1 0 0 Booked 010220500004783
View Deductee Status For:
PAN Number: *
Deposited Amouint : *
Fig. 3 Submit
November 4, 2005 05
» Facts & Figures - Team FFB
Persons making cash deposits of 10 Lacs or more during 2004-05 1,27,511
Persons making credit card payments of Rs 2 Lacs or more during 2004-05 3,23,563
Persons making mutual fund purchases of over Rs. 2 Lacs or more during 2004-05 4,96,600
Tax Assessess showing income more than 10 lac 85,000
Tax Assessees during 2002-2003 2,39,11,884
Tax Assessees during 2003-2004 2,34,44,891
Tax Assessees during 2004-2005 2,46,11,491
Soruce : Hindustan Times, Oct 30
» Facts you should know about PAN - Team FFB
Permanent Account Number (PAN) is a ten-digit • Designation and code of the concerned Assessing
alphanumeric number. The format of a valid PAN is Officer of the Income Tax Deptt.
“AAAAA9999A' where A stands for alphabet and 9 stands • Father's name. Female applicants, irrespective of
for number. marital status, should write only father's name in
For a valid PAN, a further validation is put in place. The the PAN application
fourth character should be one of the character out of “ C • Fees of Rs.60 + Service Tax, as applicable
P H F A T B L J G “ depending upon the status of the
assessee. This is available in the old format of Form No. Quoting PAN number is mandatory and must be
49A. mentioned in all
A facility for verifying PAN is available on the website of e-TDS Returns
t h e I n c o m e Ta x d e p a r t m e n t . V i s i t return of income
www.incometaxindia.gov.in > option PAN > know your challans (Challan No.280, 282 & 283)
PAN. The following screen will appear whereby the It is also compulsory to quote PAN in all documents
validity of PAN can be verified. pertaining to
• sale and purchase of immovable property
KNOW YOUR PAN • sale and purchase of motor vehicle
• payments in cash, of amounts exceeding Rs.
25,000/- to hotels and restaurants
• payments in cash, of amounts exceeding Rs.
Middle Name 25,000/- in connection with travel to any foreign
Date of Birth/ • obtaining a telephone or cellular telephone
• making a time deposit exceeding Rs. 50,000/- with
Submit a Bank or Post Office
• depositing cash of Rs. 50,000/- or more in a Bank
PAN application should be made only on Form 49A. A PAN
application (Form 49A) can be downloaded from the Obtaining or possessing more than one PAN is against the
w e b s i t e o f I n c o m e Ta x d e p a r t m e n t law.
www.incometaxindia.gov.in or UTIISL www.utiisl.co.in or PAN application can be submitted online through Internet
NSDL tin.nsdl.com or printed by local printers or and payment made through a 'nominated' credit card.
photocopied (on A4 size 70 GSM paper) or obtained from Such PAN allotment is done on priority and
any other source. communicated through email.
PAN Application in Form 49A should have the following: PAN is permanent and does not change. However, change
of address or city, though, may change the Assessing
• Individual applicants will have to affix one recent,
Officer. Such changes must be recorded in the PAN
database. Such requests will have to be made in a form
• proof of identity and address for 'Request For New PAN Card or / and Changes In PAN
06 November 4, 2005
A quality product from
For Financial Yr. 2005-06
Print Challan & Forms Electronic Statement
Form 27A Paper declaration for eTDS statement. • 24Q- Salaries
Form 27B Paper declaration for eTCS statement.
Form 27D Certificate of Tax Collection at Source • 26Q - Other TDS Payments
Form 16A Certificate of Tax Deduction at Source Other
Payments • 27Q - NRI Payments
Form 16 Certificate of Tax Deduction at Source Salary
Challan-281 For TDS Payments. • 27EQ - TCS
Support Call Centre
tax print, 177, Perin Nariman (Bazargate) Street, Fort, Mumbai - 400 001
Tel.: 2269 3321, 2269 5676 • E-mail : firstname.lastname@example.org
In other cities call :
Ahmedabad : 94260-06271, Bangalore : 98450-20165, Chennai : 93804-84818, Delhi : 98102-65151,
Indore : 98260-54075, Hyderabad : 98490-08884 Lucknow : 94150-46444 Pune : 98230-42617
Yes I wish to subscribe to Fast Fact Bulletin for 1 year. Enclosed is my cheque/Postal Order No. for Rs. 30/- Dtd.
drawn on in favour of FAST FACTS COMPUTER SYSTEMS LTD.
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Company Name Address :
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Please complete the subscription form and post it along with cheque/Postal Order to Mumbai : : 2682 1596, 2684 0436 Bangalore : 98450-20165
: 2684 5609, 2684 0446 Hyderabad : 98490-08884
: email@example.com Pune : 98230-42617
November 4, 2005 07
Maharashtra Postal Regd. No. MH/MR/N/29/04-05 R.N.I. No. MEHENG/2005/14226
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ensure compliance with statutory provisions.
Rallies, Star TV, Saatchhi, SGS, SodexhoPass, SBI MF, SBI Capital Mkt, Sitel, Shapoorji Palanji, Symboisis, Sun-n-
Sand, Tata Internet,Tata TD Waterhouse, Tata Sons, Tata Services, Tata Airlines, Tata AMC, Trent, Templeton AMC,
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FAST FACTS COMPUTER SYSTEMS LTD. Mumbai.
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Every effort has been made to avoid errors or omissions in this publications. In spite of this, errors may creep in. It is notified that neither the publisher nor the
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08 November 4, 2005