Tuesday, January 14, 2025

Kangaroo Ride

You know what happened once? When Tunnu Bhaiya and Tintin were very small, they were backpacking across Australia. They saw a mumma kangaroo hopping with a tiny joey in her pouch. Do you know a joey is? Kids of kangaroos are known as joeys. So the mumma kangaroo hopped away, and as she was hopping, her tiny joey fell out from the pouch and the mumma kangaroo did not notice it. Tunnu Bhaiya and Tintin cried, “Hey! Joey fell down! Joey fell down!” but the mumma kangaroo hopped away.

Tunnu Bhaiya and Tintin were concerned. They quickly decided what to do. What they decided was that Tunnu Bhaiya will stay with joey to protect it from wild animals, while Tintin will run upto mumma kangaroo and tell her what had happened.

So Tunnu Bhaiya stayed with joey and Tintin ran after mumma kangaroo. She ran and ran, and as she got closer, she once again cried, “Joey fell down! Joey fell down!”

Finally, mumma kangaroo noticed that someone was shouting behind her. She stopped. Then she heard “Joey fell down! Joey fell down”. She looked into her pouch. “What! Joey fell down!” she said. By then, Tintin reached her. She was panting as she said “Joey fell down!”

Mumma kangaroo was scared! “Wild animals will eat my joey”, she said.

Tintin explained to her, “No, Tunnu Bhaiya is there with joey. Joey is safe”.

“Where is joey”, asked mumma kangaroo.

“Come”, said Tintin.

Tintin jogged back to Tunnu Bhaiya. Tunnu Bhaiya was very happy to see Tintin coming back with mumma kangaroo following her. When mumma kangaroo reached them, joey immediately jumped into her pouch and disappeared.

“Thank you so much”, mumma kangaroo said. “You both are such good kids. I am terrified to even think of what would have happened if you had not seen joey fall down. If there is anything I can do for you, do tell me.”

Joey poked with head out to hear what Tunnu Bhaiya and Tintin would say. The two kids conferred. Mumma kangaroo and joey watched them whispering animatedly. Finally, Tunnu Bhaiya and Tintin asked mumma kangaroo if they could have a ride on her back.

“Sure”, said mumma kangaroo. But I can’t balance both of you at the same time. I can carry you one by one.”

So Tunnu Bhaiya helped Tintin climb on the back of mumma kangaroo. Joey jumped out saying he will keep Tunnu Bhaiya company and watch. “Hold tight”, mumma kangaroo said. Then she started hopping.

“WHEEEEEEEEEEE!!!”

“AAAHHH!!!”

“WHEEEEEEEEEE!!!”

“AAAH!”

“WHEEEEEEEEEE!!!”

“AAH!”

Tintin wheeeeeeed every time mumma kangaroo was in the air and aaahed every time she landed. Tunnu Bhaiya and joey laughed.

When mumma kangaroo reached back, Tintin came down and took joey from Tunnu Bhaiya. Tunnu Bhaiya climbed now.

“WHEEEEEEEEEEE!!!”

“AAAHHH!!!”

“WHEEEEEEEEEE!!!”

“AAAH!”

“WHEEEEEEEEEE!!!”

“AAH!”

“Why is he doing wheeeee and aaah like this”, Tintin asked joey. Joey said, “You were also doing like this only”. Both of them giggled.

When Tunnu Bhaiya jumped down, joey quickly hopped back into his pouch. Tunnu Bhaiya and Tintin thanked mumma kangaroo for the ride, mumma kangaroo thanked them again for helping her out, they waved goodbye to joey who waved back. Both Tunnu Bhaiya and Tintin felt it was the best ride they had ever ride. They would remember it forever.

Saturday, January 11, 2025

The Story of the Mela

A long time ago, two sadhus prayed and bathed at the confluence of the rivers Ganga and Yamuna. They were brothers, Kumbh and Nikumbh. They were learned men, revered by all.

The brothers had decided to go into meditation: The elder brother Kumbh would travel to the Himalayas while Nikumbh would retreat by the sea into the ancient temple of the Sun.  As they parted, they decided to meet again at the confluence of the holy rivers in the future, and share their experiences.

“It would take me a few months to reach my chosen spot in the Himalayas, a few years to meditate, and then a few months to come back here. When Jupiter returns to its current position travelling through the 12 groups of stars, we too shall return”, said Kumbh.

“We will instruct and learn from each other, and our learnings will be a blessing to the world. If you do not find me here, you must assume the worst, because there is no way I will break my word to my dear brother.”

Nikumbh promised Kumbh to meet him at the agreed time. “If poor health prevents me from coming back, I shall send word”, he said. They departed from the confluence, walking along the banks of Ganga, to their respective destinations.

On the fourth day of his travel, Nikumbh reached Banaras and stayed at an ashram where students learnt and recited the Vedas. The sadhus and the students welcomed Nikumbh with the respect due to a learned man. They asked him to tell them tales of yore that carried the wisdom of their ancestors. Nikumbha told them the story of a little kid who rejected all temptations and insisted that the God of Death tell him what happens after death.

Even as he spoke, Nikumbh was struck by realization of his own mortality – how could he know what would happen by the time Jupiter returned to its spot, for the distant planet takes 4,333 days to travel through the 12 constellations! Who knew when the God of Death would pull a little string and snatch his soul away? What did a God on a buffalo care about promises made by men?

Nikumbh was not afraid of death, he was afraid of disappointing his brother Kumbh. If he did not return, would his dear brother think that he had forgotten his promise?

He spoke aloud his fears. The eldest of the sadhus replied, “No one knows what would happen in the time Jupiter completes a cycle, and no one knows what would happen tomorrow. You do not know if you will live long enough to keep your promise, and I do know if I will live long enough to complete this sentence.”

“I cannot rid you of your fears, but I will assure you of this: when Jupiter returns to the Bull, some disciples from our Ashram will travel to the holiest of confluences and seek out Kumbh. If they find him, they will inform your learned brother how you remembered him and the pact. They will take a dip at the spot where the waters of the two great rivers meet, just as you did before you bid goodbye to your brother.”

Greatly relieved by these words of sadhu, Nikumbh continued on his journey. He visited several ashrams, mathhs and temples and met many sadhus and priests, and they all offered to carry his words to his brother Kumbh in the year Jupiter retuned to the Bull. He left the banks of Ganga, he walked through dense forests, he climbed up steep hills, he climbed down deep ravines, he waded through water one day, he strode without water on another, he travelled through grasslands, he walked in meadows full of flowers, he trudged through abandoned villages by dry rivers, he bypassed teeming towns near gushing rivers, he walked, he walked, he walked till he reached the derelict temple of the Sun. There, he sat down with his legs crossed, and meditated.

Meanwhile, his elder brother Kumbh travelled along the Ganga travelling through the towns of Kannauj and Haridwar to reach the Shivaliks. He told the sadhus of these places ancient stories of the kid who did not know his father but grew to know the ultimate truth, of the golden womb that created everything, the proud king of gods who changed his form for a man’s wife, and of the two sages of yore who discussed the number of gods. He told them about his brother and they offered to travel to the city of confluence in the year Jupiter returned to the Bull, to tell Nikumbh that Kumbh remembered his promise and to take the holy bathe that is salvation to the soul.

Kumbh continued on his journey through the Shivaliks, into ever-higher mountains of Himalayas, till he saw an ice-cave shaped like a cow’s mouth from which the sacred water gushed out. There, he sat down with his legs crossed, and meditated.

Twelve years passed, and Jupiter having completed a cycle, was back amidst the group of stars that together look like a bull to some people. The sadhus and disciples reached the confluence, some carrying the message of Kumbh, and others seeking Kumbh, and all bathing in the holy waters.

Seeing so many learned men in one place, the kings joined them in taking a dip, and then the ministers and the traders and the goldsmiths and the blacksmiths, the cobblers and the barbers, the horsemen and cow-herders, the farmers and the potters, they all gathered there and took a dip in the holy waters. This was the first Mela.

The kings asked the sadhus the reason for what they were doing. The sadhus replied they were there for Kumbh since Jupiter had returned to its spot in the Bull and they had bathed in the confluence because they believed that a dip in the holy waters absolved them of all sins of this life and of lives past. And since then, every time Jupiter completes a cycle, people gather at the confluence for Kumbh and to bathe in the holy waters. If you ask them, they will tell you that it is a tradition so old that nobody knows how it started. But now you know. 

Monday, December 26, 2022

CBDC by RBI

In last 2 months, Reserve Bank of India has launched 2 digital currency projects. Digital Rupee - Wholesale segment (e₹-W) commenced on 1st November 2022. An independent project for retail digital rupee (e₹-R) was launched on 1st December 2022. These actions indicate increasing willingness to experiment with new technologies by an institution often perceived as risk-averse.

1.      Introduction

As the name indicates, Central Bank Digital Currency (CBDC) is a digital form of currency notes issued by a central bank. Most central banks across the globe are exploring CBDC, though not necessarily for the same objectives.

The advent of private crypto-currencies using blockchain technology has triggered this interest in looking at digital currency. As RBI Deputy Governor T. Rabi Shankar stated on 3rd December, “If there is anything that a private crypto-currency can do, we should be able to create a product that will do that[1]

Central banks are keen to retain full control over currency. Private crypto-currencies using blockchain technology were perceived as a potential risk to this hegemony. Even as the market of private crypto-currencies is going through unsurprising mayhem globally, central banks are taking steps to protect their turf. Towards that end, they want to issue digital currency which can provide all the services that may attract users to private crypto-currencies.

With improvements in technology, our modes of holding and transferring money have evolved. The advent of NEFT and RTGS eliminated cheques and demand drafts. With IMPS-based UPI, small transactions have already moved from physical currency notes to digital transactions. In UPI payments, funds are instantly transferred from sender’s bank account to recipient’s bank account, with NPCI facilitating settlement between the concerned banks. The e₹ (digital Rupee) seeks to take this process further.

The e₹ is not intended to displace current system of currency notes and bank balances. It is an experiment to create additional options for holding and transferring money.

It is similar to physical currency notes in the sense that each note (here token) retains its own identity and money is not transacted as transfer of account balance but by transfer of individual tokens. Like physical notes, holding e₹ does not result in any interest income, unlike money in a bank account.

2.       Legislative Framework

In the Union Budget speech on 1st February 2022, the Finance Minister noted:

“Introduction of Central Bank Digital Currency (CBDC) will give a big boost to digital economy. Digital currency will also lead to a more efficient and cheaper currency management system. It is, therefore, proposed to introduce Digital Rupee, using blockchain and other technologies, to be issued by the Reserve Bank of India starting 2022-23.”

Accordingly, the Reserve Bank of India Act, 1934 was amended by the Finance Act, 2022 to provide that ‘bank notes’ may be in physical or digital form, thus paving way for issue of digital currency by RBI. It may be noted that ‘Bank notes’, which now includes digital currency, can be lawfully issued only by RBI.

The Finance Act, 2022 also amended the Income Tax Act, 1961 to impose tax on income from Virtual Digital Assets (VDA) and for TDS on transactions in VDA. These provisions have been introduced with focus on private crypto-currencies and NFTs. It is important that necessary clarificatory provisions are included within Income Tax Act itself so as to ensure that there is no confusion on taxation of transactions involving digital Rupee.

3.      Anonymity and CBDC

Cash offers a high level of anonymity, it is difficult to trace its movement as it changes hands.

Ten years ago, many transactions had to be in cash only: Many people did not have bank accounts; even if they did, bank transactions involved delay in clearance of cheque, and there was a risk that the cheque would bounce. With the success of Jan-Dhan Yojana, almost everyone has a bank account. UPI and RTGS instantly transfer money, ensuring finality of payment and eliminating delay. After the launch of Jio, data connectivity is no longer restricted to the rich. Digital transactions are now more convenient and have very high levels of acceptabilty. Yet, cash continues to be preferred by many players because of the anonymity it offers.

Private crypto-currencies claim to offer anonymity. However, when faced with legal notices, companies running wallets have happily blocked and frozen accounts.

From a policy perspective, RBI or any central bank cannot allow complete anonymity. The question is how much anonymity should central bank offer. Anonymity will expand the user base for CBDC and will increase its acceptability and usage. However, it can undermine efforts to curb money-laundering. A recent Concept Paper by RBI talks of ‘Managed Anonymity’ described as ‘anonymity for small value and traceable for high value’.[2] The Concept Paper thus recognizes that protecting personal information and data privacy are important to foster usability and wider adoption.

4.      Retail and Wholesale Segments

The retail digital Rupee (e₹-R) is a token based system. Under this system, RBI will issue digital tokens representing a claim on RBI. Each token would have a unique serial number. It is thus the digital equivalent of holding a physical currency note.

In contrast, e₹-W (i.e. digital Rupee for wholesale segment) is an account-based system, analogous to bank accounts. Here, payments will be by change in account balance.

RBI is thus working with two independent models of e₹ simultaneously. This indicates a willingness to experiment, and to consider the opportunities offered by technology with an open mind. In the long run, both e₹ may continue to function, or only one may survive. RBI will actively monitor both, and each e₹ will evolve with time.

5.      Digital Rupee – Retail Segment (e₹-R)

e₹-R is a “bearer-instrument” meaning that whoever ‘holds’ the tokens at a given point in time would be presumed to own them.

RBI will issue digital tokens representing a claim on RBI. Four banks (State Bank of India, ICICI Bank, Yes Bank and IDFC First Bank) will function as Token Service Providers (TSPs). The TSPs will interface with the end-users holding e₹-R and transacting in them. Each TSP will provide users with a mobile app wallet. Users can load tokens in the wallet, paying one rupee for each digital Rupee. Then, these tokens can be used by users for any payment.

RBI will keep a record of total e₹-R held by each TSP. RBI will check that the total of balances with TSPs is same as total e₹-R issued, to ensure there is no counterfeiting. Further, it will ensure that the TSPs have proper safeguards and total of balances of e₹-R held by accountholders is same as balance with TSP in RBI records. Where payer and recipient are on different TSPs, the payment will kick-in an inter-TSP settlement through RBI.

In the pilot project, four cities (Mumbai, New Delhi, Bengaluru and Bhubaneswar) are being covered. Later, the project will be expanded to include Ahmedabad, Gangtok, Guwahati, Hyderabad, Indore, Kochi, Lucknow, Patna and Shimla.

The decision to exclude Kolkata from the pilot project is interesting, given that Kolkata is both larger and more financially savvy than most cities in the pilot. Similarly, the absence of the HDFC Bank – a large and tech-savvy bank-- in the initial choice of banks is interesting, though it has been included within the next 4 banks (Bank of Baroda, Union Bank of India, HDFC Bank and Kotak Mahindra Bank) which will be included in the project.

While RBI Governor recently stated that digital Rupee will dis-intermediate banks, only banks have been taken onboard as TSP. Thus, far from dis-intermediating banks, RBI is ensuring that users are accustomed to having banks as the intermediary even in digital Rupee.

e₹-R is for consumption of common public with features akin to physical cash viz. anonymous, unique serial number etc. The unique token number will enable the detection of counterfeiting of tokens and potentially also the restoration of value if an individual loses his mobile phone.

As per the Concept Paper by RBI, under a token-based CBDC-R regime, users would be able to withdraw digital tokens from banks in the same way they can withdraw physical cash. They would maintain their digital tokens in a wallet and could spend them online or in person or transfer them via an app. The token based CBDC also supports innovation with an ability to include programmable feature that supports efficiency such as standardisation of compliance rules, fraud detection, wrapped CBDC to other use cases in future. Further, token-based CBDC-R can be used to accomplish financial inclusion goals.

6.      Digital Rupee - Wholesale Segment (e₹-W)

The ‘wholesale segment’ (e₹-W) is intended primarily for banks, financial institutions and other financial intermediaries, apart from any large transactions. Currently, the pilot project is restricted to settlement of secondary market transactions in government securities

The use of e₹-W can improve efficiency of interbank payments or securities settlement. The e₹-W can facilitate conditional payments, whereby a payment is visibly authorized but settles only if certain conditions are met.

Currently, conditional payments are standardised in some situations like ASBA for public issues where money is blocked but not debited unless shares are allotted. By building in conditionality as a basic feature of e₹-W, RBI can simplify settlements in secondary markets and other wholesale transactions.

Conditional payments can drastically reduce settlement risks, where payments are automatically made on delivery or where payment is automatically triggered for margin money requirements. Reducing settlement risks will improve confidence in the markets, while reducing the role of collateral. It will also reduce the operational cost of maintaining settlement guarantee infrastructure.

[On a side note, RBI is also working on a model of payments within UPI which can potentially provide ASBA-like facility for secondary markets: investor will be able to block money in favour of broker, but the funds will be released as and when actually required. As noted by Zerodha founder Nithin Kamath in a series of tweets[3], this new model in which the investor mandates ‘single block and multiple debits’ can upend the ‘float’ currently enjoyed by stock brokers.]

The adoption of e₹-W requires upgradation of exchanges and trading infrastructure and integration of e₹-W with RTGS payments system. The speed of adoption will depend on whether the cost of e₹-W settlement (net of savings in liquidity, margin funding, etc.) is less than the cost of existing settlements.

Based on learning from the pilot project in G-secs, future pilots will cover other wholesale transactions and cross-border payments.

7.      Conclusion

In each country that is evaluating it, CBDC is in conceptual, development, or at pilot stages. RBI has taken a leadership role by launching 2 CBDCs in an environment bereft of precedence. Both e₹-W and e₹-R are in pilot project where RBI is continually learning. Working with pilot projects allows RBI to test out its approach while ensuring that existing financial markets are not disrupted.

In the opinion of the author, the retail digital Rupee (e₹-R) does not confer any notable advantage as users already enjoy the convenience of digital transactions through bank-linked UPI transactions for small transactions and RTGS for larger ones. For e₹-W, if the advantage of conditionality can be integrated into financial markets, it can add a lot of value.

It is important for stakeholders, including potential stakeholders, to play with this new technological tool, and to publicly share their experiences.

 



[1] https://www.business-standard.com/article/finance/saw-many-threats-from-crypto-cbdc-was-the-way-forward-rbi-dg-sankar-122120300758_1.html

[2] Concept Note on Central Bank Digital Currency dated 7th October 2022 https://rbi.org.in/Scripts/PublicationReportDetails.aspx?UrlPage=&ID=1218#CP8

[3] https://twitter.com/Nithin0dha/status/1600443791441551360?s=20&t=U0QZvMSmaXWqmgna0QJ32A

This article was published by EIRC of ICAI in its 47th Regional Conference Souvenir.


Tuesday, July 23, 2019

On HUFs and Gender- Discrimination

So Vidyut on Twitter came across this thing called HUF and was immediately furious. Her angry tweet is here

I can see why she is angry. The concept of HUFs should have died long ago. 

Insofar I know, no one is very clear on what exactly an HUF is and why this concept even exists. So I venture to set the record (or at least, firmly crooked). 

When the British came in, they decided that as a matter of policy, they will not interfere with local customs (unless they specifically chose to interfere). The British judges were expected to settle disputes according to local customs. The 'Plan for Administration of Justice' made by Warren Hastings' Committee of Circuit in 1772 states:
"That in all suits regarding inheritance, marriage, caste and other religious usages or institutions, the law of the Koran with respect to Mahometans [Muslims], and those of the Shaster [Shastra] with respect to Gentoos [Hindus] shall be invariably be adhered to."
Hastings believed that Indians already had some clearly defined laws and customs for managing their own affairs, and it was best that they be allowed to continue with them. 

But what exactly were those laws, what was the requirement of the 'Shaster'? Hastings left it to the judges to find out. Initially, the courts appointed some pandits and maulanas to help them decide as per Shaster or Koran, but realised that those folks were really advising in favour of the best bidder. 

William Jones and Henry Colebrooke went about translating obscure Sanskrit texts. Colebrooke concluded that there were 2 main texts governing inheritance: one called Dayabhag, the other Mitakshara. Dayabhag was generally prevalent in regions where Brahmins relished fish and flesh, that is to say, in Bengal and Assam. Mitakshara was prevalent in rest of the country, where Brahmins vomited at the mere mention of non-vegetarian stuff. 

Jones & Colebrooke assumed that these were the prevailing laws in the country, and not some useless obscure texts. In any case, they gave the British judges some clarity on how to go about settling property disputes, and the litigants some predictability on what to expect. Gaps in Dayabhag and Mitakshara were filled by judges by referring to European practices. Over time, the decisions of the courts created a body of legal precedents. 

With these legal precedents filling the legislative void, Dayabhag and Mitakshara systems became the legally accepted benchmark for property ownership and inheritance. [Much later, some people claimed that these texts did not correctly capture the customs prevalent in the country, that there were other more authoritative texts. The courts refused to examine the matter. There was no point re-inventing the wheel.]

In the more common Mitakshara, the property was jointly owned by all male members of the family. A male member co-owned the property from his birth to death. The eldest male was the decision-maker, the karta (literally, the do-er). 

When the taxmen knocked for revenue, they were told that the family as a whole owned the property. So, they wrote tax laws to recognise the 'family' as a taxable person, and asked it to pay taxes at the same rate as applicable to individuals. This 'family' is the HUF, a taxable person separate from the individuals forming it. 

Meanwhile, the freedom movement and Independence brought along wholly novel ideas. Like Equality. Ambedkar came up with a Hindu Code Bill which proposed, among other things, that widows would have a right in deceased husband's property. There was a huge furore over it. Ambedkar thought Nehru was not pushing the Bill with all his force, and quit in 1951. It took Nehru another 5 years to get the whole thing enacted, splitting it into 4 Bills. 

With these 4 laws, Nehru rescued Hindus from the gutter of traditional scriptural laws, a favour he did not extend to the minorities. The Hindu Succession Act, 1956 recognised widow's right to property. It also provided details of share of other family members in inherited property, effectively consigning big chunks of Dayabhag and Mitakshara systems to the dustbin. Half a century later, Sonia Gandhi -led NAC would push through another 4 pro-women legislation. The 2005 amendment to Hindu Succession Act gave daughters equal rights as son, thus consigning even more chunks to the dustbin. 

But Dayabhag and Mitakshara did not go away completely. They survive in a whittled down form, they have a source of sustenance in the tax law, in the thing called HUF. To be more specific, they draw sustenance from the fact that HUF pays tax at the same rate as individuals. 

Income Tax rates are progressive. As your income rises, your tax rate (and not just the amount) also rises. Depending on your (disclosed) income, your marginal tax rate may go up from 5% to 30% (ignoring surcharge and cess). So, if you can split your income into your individual income and family's income, you can save some tax. 

Which is what many people do. Though as Lubna Kably notes, it is falling out of favour after the 2005 amendment. People are not comfortable with the idea of a married daughter demanding share in ancestral property. 

So coming back to Vidyut's tweet, are HUFs a case of gender-discrimination? It surely was. But legislative interventions, coupled with some progressive rulings post-Independence, have reduced the discriminatory nature. Now, a woman can be the Karta: the head of the family, and daughters have a share in ancestral property (even after marriage). But discrimination remains. A wife, for example, cannot demand that assets in an HUF be distributed off to the members of the family. 







Tuesday, November 21, 2017

Some Fun GST Rules


1. For ads in trains, Railway has to raise separate bills by dividing the ad revenue in ratio of track length for that train in each State.

2. For pamphlets to be distributed multi-state, the person giving order must inform the printer of number of pamphlets required in each State, as printer needs to raise separate bill for each State.

3. For ads printed on train tickets, allocate billings in the ratio of number of railway stations in each State.

4. For TV advertising, your channel should raise separate bills for each State by diving total billing in the ratio of its viewership in each State as per BARC figures for last week of previous quarter.

5. Where BARC figures club data for many than one State (such as Bihar & Jharkhand), further allocation to be done as per population of such States as per latest census.

6. For Internet ads, allocate billing in the ratio of number of net subscribers as per TRAI data for last quarter of preceding FY. Raise separate bills for each State and Union Territory. (Where TRAI data combines some States/UT, allocate using population as per latest census.)

7. For sms-based ads, allocate in the ratio of telecom subscribers as per TRAI Data.

These amendment to IGST Rules have been published in the Gazette on 15th November 2017 but come into effect from 1st July 2017.