Thursday, March 15, 2012

Data protection laws in India relating to sensitive personal data under IT Act 2000

To ensure data privacy and security, the Government of India inserted Section 43A in the Information Technology Act 2000, to ensure that corporates handling sensitive personal data(as defined in the rules) take adequate precautions, and are subject to certain minimum obligations and liabilities even when not specified in the contract. For this, they framed the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011(read it at the link
http://www.mit.gov.in/sites/upload_files/dit/files/GSR313E_10511(1).pdf ) which gives some comprehensive guidance on the subject. Rule 3 defines sensitive data, with a focus on financial/health records, with a safeguard clause that information accessible in public domain is not considered sensitive.

3. Sensitive personal data or information.— Sensitive personal data or information of
a person means such personal information which consists of information relating to;—
(i) password; (ii) financial information such as Bank account or credit card or debit card or
other payment instrument details ; (iii) physical, physiological and mental health condition;
(iv) sexual orientation; (v) medical records and history;
(vi) Biometric information;
(vii) any detail relating to the above clauses as provided to body corporate for
providing service; and (viii) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise:

provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these rules.


Besides the requirement for explicit opt-in consent from individual(that can be withdrawn at any time), privacy policy, restrictions on sending data abroad etc, Rule 8(3) gives a safe harbour of what does reasonable safety practices mean for the purpose of these Rules.
The body corporate or a person on its behalf who have implemented either IS/ISO/IEC 27001 standard or the codes of best practices for data protection as approved and notified under sub-rule (3) shall be deemed to have complied with reasonable security practices and procedures provided that such standard or the codes of best practices have been certified or audited on a regular basis(atleast annually or when significant upgradation takes place!) by entities through independent auditor, duly approved by the Central Government.

As this law applies to all companies, they better be careful else for those not getting audited, proving good faith/due diligence will be difficult

Sunday, March 11, 2012

Eagle Travels-exemplary 'customer service' or great disaster management?

Eagle Travels(trade name of 'Falcon Travels Pvt Ltd'-the owner seems having a fetish for birds) was the operator by which I'd booked a 7:45pm bus from Mumbai to Ahmedabad(boarding Sion). I got a call from them apologizing for their having to delay the departure by 2hrs(guess they cancelled that bus due to poor occupancy and booked me to the next bus). Since my arrival at Ahmedabad was not that time sensitive, I decided to carry on and boarded the bus at 9:45pm, but it turned out it was a Surat bound bus which would drop me to Borivali for a 11pm bus from there. At 10pm, the bus broke down at a signal on the Western Express highway near VileParle, and nearly 1hr was lost in pushing the bus/trying to repair etc. Mechanics and a manager came quite quickly and tried to solve the problem.

I was fretting about my connecting bus, but was assured that it would be managed. Suddenly at 11:10pm, I was taken to a sumo where the owner dropped me to the boarding point(while stopping at one of his shops to collect the cash and accounts!), making some small chat etc and apologizing for the delay. After a 15min journey in AC comfort, I reached Borivali where the bus was waiting for me. When I entered it(was allocated the same window seat), the passengers were somewhat irked saying that the bus had waited 30min for me!(dunno what the bus driver told them). Anyways, the bus was quite comfortable(no jerks/great seats) and small things like water etc was provided, and it reached Ahmedabad without incident and just in 9hrs.

I was quite impressed by their holding up the bus for one person(it was their fault but perhaps they could have used some other operator..) and also by the fact that a person from their end was calling me up around 15min/30min before the scheduled boarding to confirm I'd reached. Not sure whether this is standard practice or not, but I did feel I was in competent hands and they had  a great tracking system. Taking me in the AC sumo did do the trick and eased my mood considerably, else I'd all but decided to sue them for deficiency in service! In all, an eventful 2hrs, I lost that much of sleep, but was impressed by how they managed the whole thing. 

10 reasons why I book bus tickets through Redbus

I admit it! The title was my feeble attempt at SEO optimization, but I do really love Redbus. Their customer service and sleek web interface rivals my other favorite e-commerce portal(Flipkart). 
  1. Easy refund-the acid test of any merchant is the ease with which they process your refund/chargeback requests. I had cancelled tickets thrice by Redbus, twice through email and once through phone, and the service was efficient, polite and prompt on all occasions.
  2. 100% effort to get passenger ratings:-I get an emailed survey around 1hr after the scheduled arrival of the bus, requesting for feedback on the operator and Redbus itself. This also leads to ratings you can trust, that will be uncensored, genuine and somewhat exhaustive.
  3. M-tickets:-This is a new innovation, which they did not have to do, but very convenient. It also had the boarding point contact numbers, which can be directly dialled from the message itself.
  4. SMS before bus timing:-I was quite wowed to get a SMS at 3:45pm before my 4:15pm bus, reminding me of the bus, 'from your friends at Redbus' with a smiley! Though probably not needed, it is a good way to reach out!
  5. Sleek website interface:-Loads quite fast, and very user friendly. One can finish a booking in as less as 3min! No unnecessary junk/logins needed.
  6. Periodic offers:-Mostly small amounts(Rs 50/100) but amounts to about 10% of the fare at times on using HDFC/ICICI debit/credit cards.
  7. Bridge to the unorganized bus sector-Do not wish to critique agents, but there is a world of difference between educated young people and the bus agents, and Redbus helps bridge the gap.
  8. Handle refund of differential fare if bus type changes:-Doing this on the bus/even from the boarding point would be inconvenient physically, but Redbus can credit the amount online
  9. Focused and loyal promoters-A venture capitalist who had funded them early on, gave a talk at IIM-A recently, and mentioned that they(Redbus promoters) resisted the temptation to get into ancillary streams like travel packages, hotel bookings etc, and instead are building the bus bookings business. Also, though they now account for a significant share of revenue for many operators especially on 'non popular' routes, they have not hiked the commission upwards.
  10. Prompt and Friendly Customer Service:-I have spoken with their customer service at both Mumbai and Ahmedabad, and have got through quite fast on both occassions in evening peak time. Whether this means lack of complaints/phone service or just awesome Operations Management(remember these guys are from IIM Indore..) is something I do not know.
 Keep up the good work, guys(and gals!)

Monday, February 27, 2012

Should retail investors stick to value equity investing to safeguard careers?

When I refer to 'retail investor', I do not imply any maximum level of knowledge/skill/expertise/experience, but only refer to a person who does not intend to make investing his full time profession. Hence, even a MBA Finance from a top notch college who aced his investing courses/simulation games, would be a retail investor if the main job is anything other than full time investing. Now, there are many investing styles for the lay investor, and in comparison to derivatives, exotic asset classes like art/commodities etc, the slow compounding effect based conservative value investing style may not appeal to many people, atleast not in the short run. But the perils in any other investing style is(especially the last point)
  1. Disadvantaged in terms of information recency/execution speed and costs:-Without multiple terminals, access to recent data feeds and cheap trading costs, a retail investor is disadvantaged compared to his institutional counterpart. 
  2. Information asymmetry widening:- In equities, the level of analysis is much lesser(DCF etc) as compared to options/FICC wherein pricing models accuracy matters as well. The improvements/refinement in those areas are much more prevalent and frequent, hence someone not having access to those would be at a disadvantageous position.
  3. Limited structures/market access/positions:-Institutions by virtue of their market access, lower margin needs and liquidity can access more markets than retail investors, who are therefore better off investing along with them via structured notes/fund of funds etc.
  4. Distraction from 'core'/'ongoing' business/career:-My father's friend who has a ball bearings business and who dabbles in stocks, once confessed that if he had focused on his bearings business, he would have been much wealthier than he is today. This is much more true in professions, with an entry of young often better trained blood. If you are not on your toes/upto speed, there is risk of permanently being left behind. And that is an intangible damage which no amount of investing success can compensate for. For day trading, F&O etc, that needs a lot of time commitment/intra day distraction and BP/pulse rate tracking the market. That does take a toll on one's performance at work. 
  5. Value investing inherent advantages:- By contrast, value investing needs a one time major time investment, and then not so much effort at monitoring. Also, it is not very time sensitive job, so does not affect your work performance. Plus, the playing field is much more level(in fact retail investors even have an advantage as they do not need to report to someone/less herding risk etc). 
Of course, to 'get rich fast', it either needs a great career with bonuses, or else great trading gains/informed investing. While selecting the path, one would be advised to consider the above points.

My experience at Delhi Airport-well worth the passenger service fee!

Earlier in Jan-12, I had the occasion to wait for a few hours at Delhi Airport-the domestic departure terminal IB. Having done the same at Singapore and Mumbai airports, I was curious to compare the experiences. And surprisingly, once I was inside the airport, things were quite good. For instance
  1. Affordable beverages/food inside the airport(like a Haldiram's stall) and even nearby, as opposed to the exorbitantly priced F&B which are a standard fixtures of airports
  2. Wifi connectivity free of cost and although for max 1.5hrs or so at a time, that can be renewed free for any duration after that.
  3. Laptop charging stations and tables are readily available beyond the security clearance area, and allow passengers to work/be entertained while waiting for departure. 
  4. Interestingly, DIAL had a prayer room as well(location could have been better since it was near the toilet!) but that is a very good gesture
  5. A shoe polishing roller which allowed the passenger to just rest the shoe on the roller and it would be polished then. A great idea
  6. Other standard fixtures like clean loos, metro connectivity(metro station reachable by escalators/nominal priced AC bus service), water jets etc.
Of course, there is a controversy on the proposed hike in the passenger service fee which I'll address on my financeandcapitalmarkets blog, but the experience was quite good.

Thursday, February 23, 2012

Immoral/Illegal/Against public policy-yet taxable or tax deductible in India

During my study of both direct tax and indirect tax law, I saw quite a few instances where although the activity in question was illegal or prohibited, that fact was not considered for the purpose of tax law. That does seem a bit strange that tax law does not recognize the constraints imposed by other civil/criminal law, but on closer reflection it does make sense because both laws operate in different spheres, and also because tax does not concern itself with moralities/strict legal form, and therefore even illegal income can be taxed.
  1. Physician samples of patent/proprietary medicine is statutorily prohibited from being sold under the Drugs & Cosmetics Act 1940, and therefore a pharma company contended that since those samples were not 'marketable', excise duty could not be charged. But in Medley Pharmaceuticals vs CCE(Daman) 2011SC, the Supreme Court held that despite the statutory prohibition, the samples were capable of being sold, and that restrictions under one law could not result in revenue loss. Therefore, excise duty was held to be chargeable.
  2. Under wealth tax however, if a plot of urban land is vacant due to land planning prohibitions, then its value is not considered for purpose of charging wealth tax.
  3. Smuggled goods(if detected!) cannot be given benefit of exemption notification:- In CCus(Preventive) v M Ambalal & Co, the Supreme Court held that since the Customs Act had one of the primary objectives as curbing smuggling, it would be contrary to the purpose of exemption notification to accord the benefits of 'imported goods'(entering through legal channels) to those smuggled goods as well. 
  4. Under the Indian income tax transfer pricing laws, any revision in transfer price(it will be always upwards IF made) cannot entitle the other party to the transaction to reduce its taxable income. Also, the party affected by transfer price that increases its taxable turnover, cannot claim export benefits/other benefits under law. This provision recognizes the commercial reality that despite the transfer pricing adjustment, the funds have left India(in case of international transactions). In case of domestic transactions under Section 43/80IA-ID, I guess the rationale is not to reward those who cook the books..
  5. Under wealth tax law(again!), cash, to the extent recorded in books, is not subject to wealth tax. This means that questionable accounting practice/sloppy accounting of having unrecorded tax, would lead to its being taxed for wealth tax purposes. 
  6. Charitable trusts ordinarily enjoy income tax exemption, but in case the tax authorities recompute the business profits and find concealed income, or make other additions to the income due to related party transactions, those additions are not eligible for that favorable tax treatment
  7. The tax avoidance provisions under 69A-D subject unexplained expenditure to tax under the presumption that that would have been from undisclosed income(i,e black money). To avoid the claim of net zero income(gross income minus that expenditure), the law expressly debars any tax deduction of those expenses even under business income
  8. Payments seemingly contrary to law still deductible-heroin drugs stock-in-trade of an doctor assessee and ransom payments. The loss of heroin drugs was held as tax deductible by the Supreme Court, which reversed the verdicts of the lower courts, stating that moral considerations did not belong to jurisprudence. Hence in 2006, the case Dr. T.A. Quereshi v. Commissioner of Income-tax, Bhopal stated that although the law had barred business expenditure incurred contrary to law, it did not state anything about business losses. In the K.M Jain case, the MP High Court held that where a company had paid a ransom money of Rs 5.5 lakh to the dacoits and secured the release of their director(who had spent 20days in captivity), the payment was deductible because the law did not expressly prohibit payment of ransom. Hence, this is seemingly contrary to the intent of the explanation to Section 37(1) that no allowance shall be made in respect of expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law. But technicalities and deep legal interpretation allowed tax deduction in the above cases. 
The point of the above examples is that sometimes tax law works in interesting ways.

Saturday, February 11, 2012

The Abilene paradox proves Silence is not golden-and its implications

The Abilene Paradox was first described by Professor Jerry Harvey, from the George Washington University. He described a leisure trip which he and his wife and parents made in Texas in July, in his parents’ un-airconditioned old Buick to a town called Abilene. It was a trip they had all agreed to – or at least not disagreed with – but, as it later turned out, none of them had wanted to go on. “Here we were, four reasonably sensible people who, of our own volition, had just taken a 106-mile trip across a godforsaken desert in a furnace-like temperature through a cloud-like dust storm to eat unpalatable food at a hole-in-the-wall cafeteria in Abilene, when none of us had really wanted to go”.

Hence, the Abilene Paradox describes the situation where everyone goes along with something, mistakenly assuming that others’ people’s silence implies that they agree. And the (erroneous) feeling to be the only one who disagrees makes a person shut up as well, all the way to Abilene. In short, silence is not golden, and does not always imply assent. Some practical implications of this
  1. Teachers often stress that no question is a dumb question. This is partly to avoid the Abilene paradox where students often have a common doubt but the silence of other students stops them from asking, as they mistakenly think that they are the odd man out. 
  2. In a contract(unless by tacit actions), silence does not imply acceptance. That is an old maxim of English contract law(and I think in other juridictions also), subject to certain carveouts to cover assenting to deception etc. 
  3. Many decisions often need a certain affirmative vote-for example in the World Trade Organization(WTO), rejecting an expert panel discussion needs a majority General body vote. And corporate law(often needing charter etc) often imposes a quorum for making certain important decisions, be it at the Board level or the shareholder meeting level, to ensure that those who are silent are also made to attend(atleast in part)
  4. Great investors and managers often make their team speakup, to ensure that contrary opinions are not sidelined due to groupthink/awe.
  5. Good communicators often restate for understanding, to ensure that understanding gaps are ironed out and not hidden behind the wall of silence. In fact, lack of response/questioning often indicates communication gap/disinterest. 
I could go on and on, but I think that principle needs more attention and application.



Sunday, February 5, 2012

ICICI and Uninor-the tale of 2 contrasting customer service organizations

Below is the email I sent to my mobile service operator Uninor last Sunday on why I would be shifting from them after Mar-12.

  1. Customer calls getting transferred repeatedly to Hindi speaking operators although I select the right option 'English'
  2. VAS being wrongly charged to my account in May, and reversed after lots of hassle
  3. Website among the worst in the industry-details of add on/top ups not available online
  4. IVRS very unfriendly, almost impossible to get thorough to customer care executive
  5. And to top it all, tariffs among the highest-local/SMS now 60paise for me without any intimation-even Vodafone(best quality network) is much cheaper and user friendly.
Even after a week, I did not get any response(not that I was expecting one after the hassle I had in getting a Rs 30 VAS charge reverse). Contrast that to ICICI's customer service. They are impeccable in the call centre wait times/service, have a great site, awesome technology and polite personnel. And when I blogged day before yesterday(http://andy161.blogspot.in/2012/02/icicis-incredible-customer-analytics.html) about their incredible analytics, imagine my surprise when the Blogger Dashboard showed 4 visits from ICICI Social media console, within a period of 24hrs. Obviously, someone is tracking the mention of ICICI on a third party social media forum like this blog!

In the era of customer choice, the person who is most attuned to customers wins. While ICICI is no saint(sometimes accused of sharp practices/not having the benevolent image of PSU banks), it is living its motto 'khayal aapka' by keeping its ear to the ground and being responsive to customer issues/feedback not only that given directly but also elsewhere. It is such organizations which would win in the long run.

Saturday, February 4, 2012

Learning about the real facts of life online

A side effect of surfing online is that you stumble across plenty of interesting stuff. But thanks to the surfeit of PR material masquerading as content, it is sometimes difficult to get the true picture. Below are some useful resources I found in that regard.
  1. IIM tips/NIT tips/ CA tips-a new fad has sprung up on Facebook where groups are made ending with 'tips' that give tongue in cheek one liners about anything under the sun, right from IIMs to Gujjus. This community is growing by the day, and chances are you will get information on any profession/aspect of life on that soon
  2. Memes:- Many sites have memes which are again one liners, mostly on communities but often on other things as well. Sites like tumblr are a classic example of this.
  3. Jokes: They say there is no smoke without fire. Hence, even the 'racy' jokes have a factum of truth, and can be very illuminating on the profession
  4. Glassdoor:-This is often more reliable than Vault Guides in my view, because people can safely state even negative aspects online, which is not possible always in standard publications.
  5. Quotable Quotes:-Sites like brainyquotes have a very rich collection of quotes online, and most are quite insightful
  6. Classics:- Thanks to Project Gutenburg and other sites, one can read classics online for free(even the Kindle Store has free classics for Kindle). They say that the past repeats itself, so reading classic novels can give deja-vu when those situations are unfolding around you.
  7. Anonymous blogs:-For example, a famous finance blog-the Eipcurean Dealmaker has an anonymous writer who frankly writes about the industry, unafraid of the consequences on his day-job. This is a luxury which only anonymity confers.  (http://epicureandealmaker.blogspot.com/)
  8. Comment section on certain sites:-Often, the comments section is entire spam as in Rediff and TOI, but on more reputed forums like Economist/HBR/FT, the quality is comments is great and often surpasses the result of the post itself. And many commentors supplement their views with real life examples.

Friday, February 3, 2012

The end of 'free' digital content looms nearer than thought

The one day Wikipedia blackout made the otherwise obscure SOPA and PIPA bills of the USA Congress get global limelight. Those bills aimed at ensuring that sites which hosted pirated content, would have to comply with content owner's take down notices, and risk being stripped of their payment gateways/advertising networks if found to be 'persistent defaulters'. This lead to a Silicon Valley vs Hollywood media battle, which Silicon Valley seemed to have won due to the deferral of the bills. But that win was a Pyrrhic victory as the post below would show. In my Apr11 post(  http://financeandcapitalmarkets.blogspot.in/2011/04/why-end-of-free-content-looms-aheadand.html), I had predicted that downloading pirated content would be more difficult. But recent events have accelerated the rate of change
  1. After the megaupload owner was arrested without bail in New Zealand, websites like filesonic panicked and have restricted the download facility to only the person who posted the links! In essence, they changed the business model from filesharing to file storage. While sites like mediafire etc are bravely going on, it is tougher to access pirated content, especially the legacy ones.
  2. Content owners are shifting towards the idea of a central content repository, against which filehosting/sharing sites can ensure that uploaded content can be screened to check for piracy. If that materializes,most advertising dependent sites will find it difficult to avoid compliance with that. 
  3. Youtube now screens uploaded content for digital footprint of copyrighted content, and then gives the rights owner the choice of profiting from that(by showing ads before/during viewing those videos) and explictly tags who owns the content. That makes the content piracy more difficult. 
  4. Thanks to the telecom scam in India, hard landing fears in China and other emerging economies, capex on telecom/broadband is reducing and therefore the ease of piracy(always on high speed broadbands DO make it faster to access that content) falls.
 As I'd suggested in that post, free content seems the only way out, and to ensure Wikipedia like commons grow, we should prime the well by giving back to those commons.

ICICI's incredible customer analytics even on single non ICICI ATM usage!

Yesterday evening, I used a non ICICI ATM near IIM Ahmedabad. Imagine my surprise when I received an email from ICICI(mass mailer) with the attention grabbing header 'We have missed you'! I thought this related to my demat account but on probing further, realized that related to my use of the ATM card! Below is an extract from that mailer.I must say that this is remarkable customer analytics and does show why ICICI is still the technology leader among Indian banks. I have routinely used non ICICI ATMs and never received such emails till yesterday, so maybe this is a new feature on their part.Whatever the reason, such prompt response deserves credit. If it was toll free SMS,  then maybe I would use it but otherwise given that I do not exhaust the 5 free transactions/month, this is perhaps a failed effort on me.
Dear Customer,

We’ve missed you! We understand that you felt the need to use a Non-ICICI Bank ATM recently.

We would like to inform you that transacting at your ICICI Bank ATM is not only safe and fast, but it also comes along with various benefits...To locate your nearest ICICI Bank ATM, simply SMS ATM to 5676766.

Why is your ICICI Bank ATM safe and fast?
 Dip Card facility: Most ICICI Bank ATMs are equipped with a Dip Card Reader - a feature that enables you to transact safely while the card stays in your hand.
 Ultra Fast Cash facility: This feature, available at all ICICI Bank ATMs helps you complete the transaction in less than half-a-minute.
 Feel at home : Any disputes for queries will be taken care of by ICICI Bank. No need to deal with other banks to resolve your disputes.





Saturday, January 7, 2012

Getting the most out of conferences-without actually attending them!

Today, I was scheduled to attend a conference at Ahmedabad Management Association(just down the road from IIM-A), but some pressing commitments came in the way. However, I still wanted to learn about the topics in question. So I merely Googled the titles of the speaker sessions, and to my surprise, hundreds of search results(some very relevant) popped out from the wordwork. Now, I'm sure that reading on my own would take more time than attending the session. But for a birds eye view of the content, one just needs to know the search strings, and the program agenda provides this. For new areas(new to you), this method of learning could be especially useful, as it helps one focus on the relevant and somewhat controversial areas(if NOT controversial then usually no conference would feature that!).

Other ways to learn from conferences without attending them are
  1. Request/Purchase/Download the presentation material/handouts:-This is often sold at a nominal price on CD/bound value(as done for AMA sessions) or uploaded freely on the website as done for WIRC-ICAI. 
  2. Ask a friend/attendee to take notes and share them:-This is another mutually beneficial way. The person taking notes retains them in memory for a longer time, while the person with whom it is shared(in this case YOU!) gets the flavour of the session. 

Sunday, December 18, 2011

BT investor presentations-a study in the art of spin and euphemisms

As I read through BT Plcs investor presentations and conference call transcripts, I was struck by the extent of 'spin' and euphemisms. Some examples are
  1. Referring to cost reduction/restructuring as cost transformation
  2. Referring to staff retrenchment payment as leaver costs
  3. Exceptional gains/costs as specific items
  4. Economic downturn as economic headwinds
To be fair, they are probably just trying to make it easier to understand. But it seems to me as sugar coating, something more expected from a USA company than a UK one. Still, the company IS transparent in other ways. For instance, during the Q2'11 conference call, it highlighted that
Revenue in Global Services was up on an underlying basis excluding transit, up 3%. A big part of that  however, whilst it was on any metric a significantly improved  performance, was due to a milestone recognition which came  forward from Q3 into Q2. Basically we delivered really well and we  accelerated the recognition into Q2. That was worth £60m. Excluding  that milestone basically, revenue was flat. As I said, that's quite an improved performance from previous quarters, but it did come out of Q3.
Very few CEOs would prominently highlight that(instead leaving it to the analysts to pick it out from the notes or speculate), and that took up my respect for them by a few notches. Still, their surprising choice of vocabulary does not change with this.

Friday, December 16, 2011

We overrate 'new' things in the wrong ways

After the death of Steve Jobs, I've lost count of the leaders/writers who praised his innovative nature. In the Indian context, while doing that, some also trashed the innovativeness of us Indians. If we define innovativeness to mean churning our new products/variants frequently, then yes one may not be innovative. But the way I understand innovation, is merely an improved way of doing things(improved by resource consumption/functionality) and not necessarily just design/art work. And what may be innovation for the early adopter, may not be so for Joe Citizen, whose needs are limited. For example. one may not need to throw out the old smart phone for the iphone4, if that does not give any more relevant functions for that user. Of course, being seen with that brand is a different psychological  push which I don't address

There is even a logical fallacy around this(http://www.nizkor.org/features/fallacies/appeal-to-novelty.html), titled appeal to novelty, which is explained well below.

Appeal to Novelty is a fallacy that occurs when it is assumed that something is better or correct simply because it is new. This sort of "reasoning" has the following form:

  1. X is new.
  2. Therefore X is correct or better.
This sort of "reasoning" is fallacious because the novelty or newness of something does not automatically make it correct or better than something older.This sort of "reasoning" is appealing for many reasons. First, "western culture" includes a very powerful committment to the notion that new things must be better than old things. Second, the notion of progress (which seems to have come, in part, from the notion of evolution) implies that newer things will be superior to older things. Third, media advertising often sends the message that newer must be better. Because of these three factors (and others) people often accept that a new thing (idea, product, concept, etc.) must be better because it is new. Hence, Novelty is a somewhat common fallacy, escpecially in advertising.The age of thing does not, in general, have any bearing on its quality or correctness (in this context), except of course food quality etc.

In my view, in fields like economics, law and philosophy, old is gold for sure! After all, people read classics for a reason, and not just to give publishers money. They are rich of ideas and philosophy, and if anything is eternal, that is. Given that the focus today is on self managing teams and human beings(as opposed to technology only), the old lessons assume much more importance. Of course, we should not swing to the other extreme and accept 'time tested' things due to Appeal To Tradition. Blindly doing that would discount survivorship bias, institutionalized prejudice etc. For instance, anyone using Tintin comics to support racism  is committing this fallacy.

Thursday, December 15, 2011

What should an university be like-lessons from John Henry Newman

The classics often have great lessons for today's situations, because they oft contain eternal truths uninfluenced by the mass media/indoctrination of today. After reading the book The Idea of a University Defined and Illustrated: In Nine Discourses Delivered to the Catholics of Dublin (http://www.gutenberg.org/files/24526/24526-h/24526-h.html),  I felt some of the ideas deserved a wider audience especially given the debate about how higher education should be/education bubble etc. I tried to do justice to the main ideas but given it was written in old English and digressed a lot on the Church-University relationship, it may not be 100% faithful to the old text. 
  1. Teaching Focused:- University is a place of teaching universal knowledge. This implies that its object is diffusion and extension of knowledge rather than the advancement. If its object were scientific and philosophical discovery, I do not see why a University should have students..
  2.  Separate research and teaching:-To discover and to teach are distinct functions; they are also distinct gifts, and are not commonly found united in the same person. He, too, who spends his day in dispensing his existing knowledge to all comers is unlikely to have either leisure or energy to acquire new. The common sense of mankind has associated the search after truth with seclusion and quiet. The greatest thinkers have been too intent on their subject to admit of interruption; they have been men of absent minds and idosyncratic habits, and have, more or less, shunned the lecture room and the public school. Examples given are Pythagoras, Thales, Plato ,Aristotle ,Friar Bacon,Newton etc. There were  great examples the other way, perhaps Socrates, certainly Lord Bacon; still I think it must be allowed on the whole that, while teaching involves external engagements, the natural home for experiment and speculation is retirement. 
  3. The tendency for professional overeach/rent seeking Every professional man has rightly a zeal for his profession, and he would not do his duty towards it without that zeal. And that zeal soon becomes exclusive, or rather necessarily involves a sort of exclusiveness. A zealous professional man soon comes to think that his profession is all in all, and that the world would not go on without it. This collision, this desire on the part of every profession to be supreme,—this necessary, though reluctant, subordination of the one to the other,—is a process ever going on, ever acted out before our eyes. The civilian is in rivalry with the soldier, the soldier with the civilian. The diplomatist, the lawyer, the political economist, the merchant, each wishes to usurp the powers of the state, and to mould society upon the principles of his own pursuit.I remark, moreover, that these various usurpations are frequently made in perfectly good faith. There is no intention of encroachment on the part of the encroachers. 
  4. The danger of  too much liberal arts education:-Nothing is more common in an age like this, when books abound, than to fancy that the gratification of a love of reading is real study. Some have a taste for reading, but in whom it is little more than the result of mental restlessness and curiosity. Such minds cannot fix their gaze on one object for two seconds together; the very impulse which leads them to read at all, leads them to read on, and never to stay or hang over any one idea. The pleasurable excitement of reading what is new is their motive principle; and the imagination that they are doing something, and the boyish vanity which accompanies it, are their reward. Such youths often profess to like poetry, or to like history or biography; they are fond of lectures on certain of the physical sciences; or they may possibly have a real and true taste for natural history or other cognate subjects;—and so far they may be regarded with satisfaction; but on the other hand they profess that they do not like logic, they do not like algebra, they have no taste for mathematics; which only means that they do not like application, they do not like attention, they shrink from the effort and lab-our of thinking, and the process of true intellectual gymnastics. The consequence will be that, when they grow up, they may, if it so happen, be agreeable in conversation, they may be well informed in this or that department of knowledge, they may be what is called literary; but they will have no consistency, steadiness, or perseverance; they will not be able to make a telling speech, or to write a good letter, or to fling in debate a smart antagonist, unless so far as, now and then, mother-wit supplies a sudden capacity, which cannot be ordinarily counted on. They cannot state an argument or a question, or take a clear survey of a whole transaction, or give sensible and appropriate advice under difficulties, or do any of those things which inspire confidence and gain influence, which raise a man in life, and make him useful to his religion or his country. 
  5. Need to study theology:-When was the world without it? Have the systems of Atheism or Pantheism, as sciences, prevailed in the literature of nations, or received a formation or attained a completeness such as Monotheism? We find it in old Greece, and even in Rome, as well as in Judea and the East. We find it in popular literature, in philosophy, in poetry, as a positive and settled teaching, differing not at all in the appearance it presents, whether in Protestant England, or in schismatical Russia, or in the Mahometan populations, or in the Catholic Church. If ever there was a subject of thought, which had earned by prescription to be received among the studies of a University, and which could not be rejected except on the score of convicted imposture, as astrology or alchemy; if there be a science anywhere, which at least could claim not to be ignored, but to be entertained, and either distinctly accepted or  distinctly reprobated, or rather, which cannot be passed over in a scheme of universal instruction, without involving a positive denial of its truth, it is this ancient, this far-spreading philosophy.
  6. The need for active reading/learning We must carefully distinguish,  between the mere diversion of the mind and its real education. Supposing, for instance, I am tempted to go into some society which will do me harm, and supposing, instead, I fall asleep in my chair, and so let the time pass by. The opportune sleep has but removed the temptation for this once. It has not made me better; for I have not been shielded from temptation by any act of my own, but I was passive under an accident, for such I may call sleep. And so in like manner, if I hear a lecture indolently and passively, I cannot indeed be elsewhere while I am here hearing it,—but it produces no positive effect on my mind,—it does not tend to create any power in my breast capable of resisting temptation by its own vigour, should temptation come a second time. A man may hear a thousand lectures, and read a thousand volumes, and be at the end of the process very much where he was, as regards knowledge. Something more than merely admitting it in a negative way into the mind is necessary, if it is to remain there. It must not be passively received, but actually and actively entered into, embraced, mastered. The mind must go half-way to meet what comes to it from without. You have come, not merely to be taught, but to learn. You have come to exert your minds. You have come to make what you hear your own, by putting out your hand, as it were, to grasp it and appropriate it. 





Tuesday, December 13, 2011

Why we need border-less interdisciplinary thinking

In a speech at IIM Calcutta, Dr Mashlekar(ex DG, CSIR) made some interesting points that triggered some further thinking. While I reproduce those salient points below for the sake of brevity, I would suggest reading that entire speech in full there(http://nif.org.in/Mahatma_Gandhi_Memorial_Oration). His points were

  1.  Explosive advances in adjacent sciences are shaping up the future of core disciplines. New paradigms of “seamless sciences” and even “seamless engineering” are emerging. 
  2. We work and think in isolation. The examples are
    •  Mixing is a challenge in diverse disciplines. In the case of astrophysics, one is concerned about the mixing of the interior of stars. In mechanical engineering, it is combustion. In environmental sciences, we are concerned with mixing and dispersion in the atmosphere. Oceanography deals with mixing and dispersion in oceans. Chemical engineers are concerned with mixing in chemical reactors. Physiologists look at mixing in blood vessels. Bioengineers are interested in mixing & aeration in bioreactors. Geologists deal with mixing in the mantle of the earth. All these diverse mixing phenomena occur on diverse time and length scales, differing by several orders of magnitude. However, these disciplines rarely benefit from each other, and discovery & rediscovery of concepts and ideas is common place.
    • Scientists from different disciplines have turned to the study of the human mind.  These days one meets engineers who work on speech perception, biologists who investigate the mental representation of spatial relations, and physicists who want to understand consciousness. And, of course, psychologists continue to study perception, memory, thought and action. However, I have not seen a meeting of these computer scientists, linguists, neurophysiologists, anthropologists, engineers, and so on! Understanding of mind cannot be made possible without meeting of minds of all of them.
  3. We need to ensure that our mind moves through diverse disciplines in a borderless way. The ability to correlate and link the non-obvious can lead to major breakthroughs. In the management context, an example is creation of  flexible management structures by using the concepts of self-organisation in chemical and biological systems- van der Waals model of Management
Prof JR Varma made a similar point in his Mar-11 IIM Ahmedabad working paper on improving MBA(Finance) education, where he sought the integration of conventional investing theory with neurology, economic history and other relevant disciplines. 

And in fact, the oft-cited fact of 'MBA broadening one's horizons/perspectives' can be attributed to the exposure to cross disciplinary functions and hearing those diverse perspectives during class discussions. But these are incremental innovations so as to say. 

The biomimicry(adapting insights from Nature to create business models) is in its infancy in India, with a few salient exceptions like Prof Anil Gupta, who devised and named an entire organization inspired by the honeybee behaviour. And in the field of organizational dynamics, this has ample potential, given that there is ample debate today about the role of and purpose for existence of corporates.

How to ask better questions for an email interview

Recently, as part of my responsibilities of editing my club's finance magazine, I've had to write questions for sending to very busy people, who'll respond at their leisure. Now, that exercise is easier said that done. In a live interview, one can use the feedback to adjust the pace/nature of questions, or even improvise on the spot. But in a long distance interview, that is just not possible. You are stuck with the questions you sent. And godforbid, if they are cliched/very general/beyond the person's specialization, then the person may even decline to answer them. Therefore, the exercise is tricky and needs thought. Some pointers which I've found useful are
  1. Understand your theme:-This is quite obvious but in case you were not involved in the brain storming sessions which led to the theme/concept behind the publication, then get a clear understanding of it from someone involved, so that you do not deviate too much
  2. Understand WHY you asked that person/decide what you would like from him:-Some people are invited for their knowledge, others for their brands and yet others because they are easily available. Decide which category your interviewee is in, that will inform your other decisions.
  3. Google is your saviour:-One has NO excuse to remain ignorant about people in this digital era..
  4. But try not to duplicate content of publicly available data:-Remember you are not a reporter/friendly analyst just interested in filling space. Remember that you want good original content from that person. So try not to be too close to earlier interviews.
  5. People like answering about their passions:-Whether it be distressed debt, economic cycles, corporate governance etc, people are usually passionate about one or more work related aspects(assuming we can't ask about hobbies in a serious publication). Try to find that
  6. For academics, read their latest research/course outlines:-Academics's interests can be gauged by their research publications(remember these take months/years to create!) and by what they teach(assuming they have a fair level of choice/discretion in that). So questioning in those areas would probably produce a very good answer.
  7. For those in industry, read up on their company/sector: Remember the person is daily focusing on that sector/company and literally lives it. So asking related to that, would ensure instant recognition and act as warm up for next. The research would also supply context to explain many of the answers.
  8. Try asking open ended questions instead of those to which you know the answer:These are the most difficult questions but the most rewarding. Prefer 'what'/'why' over 'how'.
  9. Try to sequence the questions in a logical flow:-That makes it easier for the person to get a birdseyeview of the questions, and to structure the answers accordingly

Wednesday, December 7, 2011

Does it make sense to self publish on Kindle Store?

 Amazon has recently been making waves by signing up 150 authors in the last quarter, to write books on its platform. Naturally, the mainstream publishers are unhappy about Amazon's ambition to transition from retailer to publisher, but for the author, this represents wider choice. Now, even before Amazon entered, it offered authors a 70% royalty, with some caveats like $0.15/MB charge for electronic delivery, 30% IRS withholding tax, and 70% only on few areas(else 35% w/o the delivery fee)! So I can my own analysis of the 70% scheme, assuming sales are in the eligible countries at different list prices, and found that to get that $100 royalty check(threshold to issue check is $100), one needs to sell 74 books priced at $2.99. Considering that a print run of 10,000 copies is considered good for a book on which an author may get say Rs 20(max)=>$0.4/copy, those figures are quite good. Lets see if I use that platform someday as a test drive of my writing talent

Analysis of Amazon 70% royalty scheme          
List price($) 0.99 1.49 1.99 2.49 2.99
Royalty @ 70% 0.69 1.04 1.39 1.74 2.09
Data Cost @ $0.15/MB -0.15 -0.15 -0.15 -0.15 -0.15
Net From Amazon 0.54 0.89 1.24 1.59 1.94
Net After 30% witholding tax 0.38 0.63 0.87 1.12 1.36
Sell these many for $100 check 264 160 115 90 74
Net Realization to author(% of list price) 38% 42% 44% 45% 45%

Sunday, December 4, 2011

Tips on how to analyze economic time series data

Be it stock prices, index valuations, budgetary spending, deficits, exchange rates; virtually any significant economic data is analyzed using time series data. In these days of Excel 2007, it is a great temptation to just plug the numbers in, select a graph and use it for whatever purpose one wants. But such a simplistic approach would be doing an injustice to the analysis, and also would reduce the chance that the data is analyzed, understood and appreciated in the way it should be. So what to do? Based on my not insignificant experience of this, I add some guidelines below. I don't claim this to be an exhaustive list, and comments are welcome
  • Adjust for Inflation:-Specially for monetary values and interest rates, this is crucial. And sometimes it gives very interesting insights. For example, the real interest rates in India have been negative for quite some time, and that makes us appreciate why the RBI is chary about reducing it.
  • Try per capital/per unit numbers:-It allows for adjustments for population/volume growth, and yields interesting results. Thanks to its population, India lags behind on such data
  • Put the numbers in context:-Expressing as market share, budget share, relative data etc puts the numbers in context, like in per capita.
  • Use Indexing if possible:-That makes the growth trend easier to understand
  • Use secondary axis if useful:-For example, you want to show that FDI inflows fell when the exchange rate appreciated. Instead of using 2 graphs, you can use 'Plot on Secondary Axis' option in Excel, and plot them on the same graph
  • Try to cover an entire economic cycle:-Otherwise, the result may just be because we are in a boom or a burst. This is true especially for stock price/valuation data
  • More the better:-We often tend to forget history, and that is a reason why bubbles repeat, whether it be across countries or across time periods. Hence, a longer data set with more sources, helps to triangulate trends and have a broader perspective. 
  • But be careful of underlying structural changes:-With Excel 2007, one can use callout and other options to depict the reasons for inflection points. Use those with care where warranted. For example, the 1991 liberalization would have lead to inflection point in most Indian data.
  • Strike a balance between aggregates and subclasses:-Given the high Gini Index/Digital divide etc, one should be careful about what the data signifies for India as a whole. Often, the divide between states/castes/gender/urban-rural population parameters, would be large enough to vitiate any extrapolating of the conclusions. For example, India telecom boom should be read in the context of rural teledensity just being 32%(versus urban of 140% or so).
  • Focus on outcomes not just on spending:- Especially in case of data on spending, avoid the tendency to mistake spending for outcomes. Try matching the spending to the outcome(say education and pass rates, health spend and mortality rate/life expectancy). For share price data, that may mean investor participation, retail folios etc

Thursday, December 1, 2011

Prof Anil Gupta's ideas on pushing the frontier of education

I had blogged earlier about Prof Anil Gupta's innovative approach(http://iimaexperiences.blogspot.com/2011/10/prof-anil-gupta.html). As his electives on intellectual property and sustainable agriculture draw to and end, his approach is even more in evidence. For example
  • Crowdsourcing of exams:-He invited 3 questions from each student, stating that he may modify and ask these good questions in the exams. He said that since his purpose was to increase the learning(not to assign a letter grade), he would be more than happy 
  • Focus on learning by doing:-He gives higher grades for projects/reports which can be built into something rather than gather dust somewhere. For example, studying local waste management or making a small change locally, is valued highly by him.  
  • Building on ideas built earlier:-He lamented that there was no repository of projects, and that each batch may end up reinventing the wheel without making any institutional progress towards knowledge. And to counter the concern of copying, he said that peer pressure/fear of being called out in public would stop people from copying, and also ensure that the topics are reasonably original. Actually, this is quite an obvious idea, but not done so far anywhere. He suggests having it on the intranet, and later on the internet for all and sundry. 
  • Feedback on projects:-He uploads the project proposals on the blog, and gives credit for students giving useful projects on each other's projects.
  • Student presentations given importance to:Despite his huge intellectual stature, he pays deep attention to student presentations and is free with compliments and suggestions. And to ensure that others pay attention to that, he sets questions based on the class presentations etc. 
  • No attendance sheet:-This is rare, but his logic seems(he has not explained it explicitly) is that since the outputs are graded(report, presentation), monitoring inputs are not that essential.

Monday, November 28, 2011

Not documented equals not done-leads to great quality or checkbox mentality?

While reading professional standards, it struck me that the basic premise of documenting a professional services engagement is that in case the professional is sued for malpractice, the working papers will prove the extent of, and diligence put in, the work done. Of course, it has positive uses also such as helping plan the assignment, building the knowledge bank for recurring assignments, and infusing a general discipline into the whole process. Also, there is always merit in having a checklist to avoid making mistakes during complex processes. Hence, I cannot reasonably argue the merits of following a checklist/process. The only issue is whether the person performing the assignment, will consider the checklist/standard as the end of his responsibility, given the protection from negligence lawsuits filed by disgruntled clients.

So now we are at a corundum. The protection from negligence lawsuits is the trigger to motivate professions to comply with service quality standards. But senior professionals themselves write the standards, so chances are they would incorporate recent memory, and rarely include future looking requirements identified from academic research. For example, India is going through several paradigm shifts in terms of introducing IFRS/XBRL/e-filing. But while ICAI has been quick to clamour for new professional work in these areas, it has been slower to issue fresh/modified guidance. And this is not a new phenomenon. New standards are often issued after the horse has bolted from the stable(viz scams/issues/controversies). For instance, while complex financial instruments valuation made the headlines in 2008, their formal auditing guidelines were published only in Oct-11. So for mistakes done before that, the auditor could claim protection. And some standards have been issued only when the ICAI has been dragged kicking and screaming. For example,the reporting standard on segment reporting/cash flow statement needed SEBI to step in, and cut the red tape.

So how do we motivate professionals to go beyond the minimal standards? There could be a best practices repository, and the professional submitting the most/top rated ones could be awarded. Or there could be awards for uncovering the highest amount of scam, mistakes, issues(subject to client confidentiality agreements) etc. Also, the data base could have a weightage while selecting auditors for key assignments and complex work. Lets see if this idea sees the light of day in my life!

Sunday, November 27, 2011

Burning issues remain that way because people don't delve into data

Recently, I presented a business plan to set up a chain of rural warehouses for storing post harvest produce. Amongst the 4 member jury, 2 of them had no prior experience in the agriculture sector(investing/operations) etc, and this showed in the slightly naive questions they asked. While my team's rigorous ground work helped, it opened my eyes to the fact that people often do not seek out publicly available data on the internet, and prefer to rely on the sensational and biased media reporting. This is why several burning issues/misconceptions prevail on the net. Some of them are below
  • Human rights violations by police/armed forces:-Activists are prompt to critique the 'rampant' human rights violations under AFSPA and other laws, but forget that the members of police/army are often drawn from the same poor classes whom they oppress. Also, the numbers are not analyzed(how many incidents vs overall scale of violence) etc
  • Agricultural input subsidy:-Lobbies commission exquisite reports about how agriculture needs subsidized electricity, seeds, fertilizer, higher MSP, cheap loans etc. What is not highlighted is who gets the lion's share of these(not small farmers), and whether these are effective or not(Prof Anil Gupta cites evidence that non sustainable farming is costly AND a failure).
  • Actual volumes/outcomes:-India has good patent laws, but very few design registrations(even though at Rs 100/design it is the cheapest IP). Similarly, the number of beneficiaries of certain schemes are quite low. It is easy to understand spending trends, but not that easy to search for outcomes. But how many of us bother to do that?
  •  Election result analysis:-With a wealth of data about voter turnouts, victory margins, constituency trends, election expenditure etc, there is scope for an entire website devoted to analyzing in an user friendly way(dashboards, drill down, export to Excel) election data. But this is not done, and often the only time it happens is the day post elections. Thankfully, papers like TOI are giving this wide coverage and hopefully election analysis will soon go way past the number of seats won/vote share.
  • Ticking timebombs like budget deficits:-As an equity research analyst would know under the mosaic theory, weaving together numbers from different perspectives gives a good view to avoid '7 wise men of Hindustan' type of tunnel vision. Unfortunately, only consultants/investment bankers do such narratives, and in the public discourse space, this is not done. 
  • Reservations:-Few issues match this in the public divide, vitiated debate and lack of data/research. there is no way to settle this issue one way or the other. But unfortunately, worthwhile data/stats are tucked away in obscure sociological research. and are not part of the public debate sphere. 
The Way forward:-Google Scholar gives access to otherwise unreachable data, and the same is true for Wikileaks/Google Public Data explorer. It is now the public duty to delve into data, atleast for data one is interested in, and then share the results with the public via open source platforms like updating Wikipedia entries, editing Wikibooks or publishing on blogs. 

Wednesday, November 23, 2011

Knowledge-the major new factor of production

Knowledge is power-but only when applied and commercialized. In the minds of some, knowledge is something which is taught, discussed, published and understood-with the burden of its application passed on to those in the sordid 'industry'. But they forget that one cannot separate knowledge and its application, because what use is knowledge which cannot be applied?

History is replete with examples of wars won by superb battle strategy/tactics(Genghis Khan, Alexander's win, USA civil wars, British East India conquest etc) where smart warriors used their minds to win battles over much larger foes). In the retail industry, WalMart used its information centres and data analytics to introduce JIT/improve supplier coordination etc to improve sales and profits, while actually shrinking the need for inventory. That is a great example of replacing physical assets('inventory') with information(via RFID/barcoded inventory). An interesting example is the online retail of goods, music, books, insurance search, banking etc which have replaced the need for brick and mortar store. Yes, they do depend on a physical logistics backbone for execution, but that is much smaller than the cumulative assets they replaced.  The low carbon movement has led to a spurt in energy efficiency, green supply chain planning etc which drastically lowers the resource requirement. Even in the military era, the use of nukes as a deterrent may reduce the need/size of standing armies in future. This is true also given the new dangers of cyberwar, where a handful of hackers can bring down entire countries on their knees.

Of course, the limit to this is that knowledge is always a complementary factor of production, which would always need some other factor. That said, applied knowledge can cut resource use substantially. And that is why it is necessary to increase interest, improve curriculum quality etc of the STEM subjects(Science Technology Engineering Medicine)-since the fruits of these can really help the economy in future. But non STEM graduates also should not shirk their responsibility to think innovatively on how to replace assets with knowledge. If that leads to more virtualization, so be it.

Are shareholder value maximizing managers like Valmiki of Mahabharata?

Those who have read the Mahabharata would recognize what I'm alluding it. For the others, it is suffice to explain that saint Valmiki was originally a highway robber, who robbed others for a living. Once, he tried to rob a wise person who asked him about whom was he doing all that for. When the robber replied that he was doing this to support his family, the wise person asked him to return home and confirm with them whether they endorsed his actions or not. Hea was quite confident that the very people he was doing it for, would endorse and support his actions. To his shock, his wife and children(for whom he was robbing others) said that they did not want his sins to rub on to them. They felt that a basic living was his duty to provide, but they certainly did not want to share in his sins. Shocked by this, the robber saw his error and then reformed, to become the renowed saint Valmiki.

So what is the point of this parable? Under the garb of shareholder value maximization, other stakeholders are often squeezed. Suppliers are compelled to sell at unremunerative prices and often paid late; employees are underpaid and overworked; society is denuded of clean air/water and loaded with congestion/pollution; Governments are deprived of their due tax revenues etc. But it is often argued that this is what shareholders want! But in the absence of direct democracy for routine issues, it is not possible to ask them. But if companies did ask their shareholders, I'm sure their response would be similar to that of Valmiki's family. After all, psychological studies show that humans are not 100% rational, and are often suckers for a sob story.

Now, some may point to the 'Knowing Doing' gap i,e the importance of looking at people's actions instead of their professed sentiments. There is some truth in this because people are aware of the causes and ill effects of smoking, obesity and a host of other vices. Still, they remain addicted to it OR inertia stops them from changing habits. Similarly, in the investing context, though many investors especially the institutional ones have learnt the importance of inclusive corporate governance etc, it is doubtful that they give a damm, With the exception of Norway SWF, Calpers and a handful of other investors; few investors have behaved like Valmiki's family(censure and repudiation) when confronted with evidence of corporate wrong doing. The market capitalization may suffer in fear of economic penalties but not otherwise. So the managers may not be wrong, when they feel that they have the support of their shareholder family, in whatever they do.

Monday, November 21, 2011

The online forum users who get my hackles up.

Be it Rediff/Facebook pages/online job postings etc, one invariably sees a lot of spam and clutter. This is because of the people below.
  • The Q jumper:-This person does not bother to use the 'report abuse'/'customer service ticket' options but straight away plugs in a forum message
  • The spammer:-This person advertises their product/services ranging from Nigerian letter fraud to work from home to online retail for certain err..drugs.
  • The English challenged:-This person posts rants in broken English. Nothing wrong in that per se, just that I dislike it.
  • The Agenda pusher:-This person has a rant against a person(say AzimPremji/Sonia Gandhi/Congress/missionaries) and whatever be the topic, somehow finds a way to insert their views into the fray and create a mess. 
  • The CAPSLOCKER:-This person imagines that by  writing everything in caps, they will somehow get more attention. Nothing can be farther than the truth.
  • The hoarder:-When a kind soul states that s(he) will email/share a resource with all those who email them, the hoarder is too lazy to send an email, but instead decides to
  • The potential social engineering victim:-This person gives their personal details like name/address/contact details and even account numbers, hoping that the customer care person will take care of it OR that the

Friday, November 18, 2011

The Vocabulary premium-part 2

The limits of my language are the limits of my world-Ludwig Wittgenstein(Philosopher)
 
Earlier, I blogged on the importance of vocabulary(http://andy161.blogspot.com/2011/09/vocabulary-premium-how-digital-words.html). This post takes those sentiments forward, as I take a break from completing those umpteen assignments in the twilight days at IIM-A.

As a kid, my parents and teachers emphasized the importance of having a good vocabulary. What I am today, is significantly attributable to my reading habit, which stoked a virtuous cycle of curiosity driven reading. Yes, I did miss out on watching the TV serials/comics and other junk, but I think it was a good bargain. Of course, for some periods in between, I did get addicted to fiction, which then became a hobby. Thankfully, that hobby did not break the mental concentration and interest necessary to complete a non fiction book. I know people who can spend the night reading the latest best seller, but get bored of reading a non fiction book after just 30min. And that is NOT because of the dry writing style.

While any kind of reading will improve vocabulary, some kinds of reading are better than others for that purpose. Reading biographies, classics and the kind of stuff which could be mandatory school readings; not only improve vocabulary but are also time tested ways of boosting critical thinking and analytical skills. Therefore, do not think that reading that pulp fiction bestseller will confer that vocabulary premium, but do widen your reading,

Sunday, November 13, 2011

Corporate Governance and Political governance deficit-the similarities

In 2010/2011, several scams rocked the Indian political scenario right from the mother of them all(2G spectrum allocation, Karnataka mining licenses, Adarsh housing society etc). Chief Ministers were dismissed, inquiry commissions set up and heads rolled. The media gleefully credited their reporting and publicity as a deterrent factor. All that was to change when the spurt of corporate scams errupted. Just recouping from the FY09 Satyam scam, multiple scams were exposed right from the mining licenses(Jharkhand, Karnataka), land acquisition(for SEZ, projects), Radia tapes, bribery, cases etc. While some CEOs were arrested/dismissed(Gautam Doshi, Everonn CEO, Money Matters, LIC Housing Finance), industry forums were quick to pass them off as rotten apples. But on deeper reflection, one should not have been surprised for these scams. After all, the inconvinient truth is that corporate governance reflects the society it resides in. And the common reasons are
  • No separation of powers:-Like how most political parties are one man shows, so are most companies. The CEO-Chairman position is not separated.
  • First past the post:-Like how 30% voting share is often enough to win seats, the same is true for companies as well. As there is no proportional representation, the shareholders with even 30% voting power can often control the Board easily.
  • Redistribution focus over governance:-Few Indians would genuinely expect their MP/MLA to debate larger issues in the assembly/parliament, at the cost of giving attention to local issues. Similarly, investors do not expect their directors to show exquisite coalition dharma viz corporate governance; but instead expect share price maximization
  • Opaque funding/controls:-like how political parties benefit from anonymous contributions and exempt income, often without tax returns scrutiny; company promoters benefit from related party transactions that enable major siphoning out of funds. 
However, there are major exceptions also
  •   Contest ability is much more in politics than in companies, where hostile takovers are quite rare. Companies can be defeated at the market place, but rarely are corporate power battles(especially takeover bids) fought in public.
  • Coalition dharma is much more relevant in companies than at the assemble level in politics. While the company must juggle the interests of workers, investors, employees, government(at the bare minimum!!), the politician is often content with jugging the interests of his voters(or atleast appearing to do so).
This analogy is so relevant that next time we blame the Government for anything, it is better to take a hard look at our corporates, to see whether we are committing the same sins or not. 

Saturday, November 12, 2011

Assisted Access to e-governance services-will this be its Waterloo?

Corporate and Tax laws/procedures have been significantly modified to allow for e-governance. Some examples are mentioned below
  • All excise/service tax returns must be filed online irrespective of amount etc
  • Significant chunk of income tax returns are filed online 
  • All company law forms/returns are filed online, and payments
  • Many state VAT laws now mandate electronic filing of returns/audit reports/registration
To ensure greater data integrity, the initial mandate was that certain practising professionals(CA, CS,CWA) could pre-certify the filing, using their digital signature. But the issue then rose about accessibility. After all, not all are techsavvy, even fewer have a good broadband connection etc. Therefore, the concept then arose of Certified Filing Centres(CFCs) for both corporate and tax laws, which essentially provide administrative support for filing including scanning, uploading, reformatting etc. The primary responsibility of the filing remains with the filer though. These CFCs may be run by professionals themselves or by private parties.

The Code of Conduct of the respective professional institutes may ensure good quality work by professional run CFCs but the issue is whether this is sustainable? After all, such work does not need a CA to do it, and would result in higher fees than compared to non CA/CS/CWA doing it.

But if one throws open CFCs to persons not regulated by their respective professional councils, then the issue comes about compensation for erroneous filings etc. No amount of security deposit can really suffice, nor can the amount be readily computed. To strike the balance between public interest(lower fees) and information integrity, a good midway could be online checks/validations which would avoid gross errors, as well as random confirmations in case of outlier numbers. This is done for TDS returns, MVAT returns etc, and can be extended to all. I'm sure the IT industry would be ready to help set up and design forms allowing for live validation checks and confirmations. If this is not done, then the inevitable errors when publicized, may lead to loss of faith in the new system

Where familiarity breeds contempt-the case of IT engineers

At the outset, let me clarify my immense respect for those engineers/other graduates who have helped India's ITES companies become world beater. As someone said, success is not an accident, and the ITES industry success is due to excellent skills in management, control, quality, knowledge management etc. While these functions are often siloed, the professionals working in those companies, if having done the work sincerely, do pickup those skills especially disciplined approach, domain expertise etc.

Then why is the apparent bias against them, when it comes to MBA admissions? Read any interview of the Admissions Director/faculty of Bschools, and they all stress on the need for diversity. Now, diversity can be viewed through many lenses(education, gender, experience)-but it is usually boiled down to rejecting male engineers who have worked in ITES. Granted that they make up a large chunk of the applicant pool, but it may be too much of a logical stress to argue that consequentially they think alike, and so should be weaned out.

I must confess to an initial bias that engineers in ITES switching to MBA, were self selecting themselves out of the rat race there, and so 'were not the cream'. This is true for freshers(especially IIT/NITians) where the 'creme de lae' often study abroad or pick up plum jobs post engineering. However, despite that, the ITES guys and IIT/NIT freshers often 'kick ass' the collective derrieres of the others. Is this a reflection of their quality or indictment of the education system is hard to say, but needs some thinking.

Still, I conclude this rant by stating that before passing value judgements on a 'typical' IT guy turned MBA aspirant's CV, we should understand the person's work domain(support/coding/sales..), client work(which sectors), work appraisals(awards, promotions) and quality(say 1yr+). It is difficult because appreciation letters are dime a dozen,something like some army medals/service awards in the USA. But that does not deprive us of the responsibility of taking the time to understand the 80:20 rule to shortlist CVs etc.

Saturday, November 5, 2011

So what are priority sectors anyway?

A careful listener of the annual Union Budget speech(and related commentary/analysis) would hear the term 'priority sector' used(overused?) ad-nauseum, in the context of tax relief, subsidies, soft loans etc. Some known sectors are textiles, agriculture, renewable energy, gems etc. While the rationale for some of these are political like for sugar(powerful barons in Maharashtra/UP) or wheat(powerful farmers in Punjab/Haryana), the reality is that some are prompted by quite logical considerations.  The National Manufacturing Policy of Oct-11(http://dipp.nic.in/English/Policies/National_Manufacturing_Policy_25October2011.pdf) gives an interesting analysis of priority sector, in the context of proposing sector specific interventions. To quote from Section 7 of that document,The priority sectors as identified in the Planning Commission and NMCC papers are:-
a) Employment intensive industries like textiles and garments; leather and
footwear; gems and jewellery; and food processing.
b) Capital goods like machine tools; heavy electronic equipment; heavy transport, earth moving and mining equipment; high technology equipment like telecom, power, ICT and electronic hardware.
c) Strategic industries like aerospace; shipping; IT and electronic hardware;
renewable energy; solar, wind etc; defence equipment.
d) Industries where India enjoys a comparative advantage like automotive; pharmaceuticals.

While the socialist legacy of India politics would explain (a), (b) & (c), the post liberalization budgets have slowly begun to push sectors where India has a comparative advantage viz (d). One would like to believe that the above sectors are favoured for logical reasons, and not just for crony capitalism. Hence, the purpose of this post to try giving some credit to the Govt.

Monday, October 24, 2011

How does Infibeam make money on Pi2?

While browsing the Infibeam website, I noticed that they had launched their new ebook reader with a touchscreen, to rival Amazon's Kindle. They price it at Rs 9999, and give 10 vouchers of Rs 1000 each. Hence, effectively, the kindle seems free. This strategy is not unique having been followed earlier by Gilette(sell the razor and earn money on the blades). A friend tells me that Amazon's Kindle costs over $150. Assuming that Infibeam can manufacture at the same cost(despite India's higher tax and cost structure), that means it would make a 20% gross profit on the same. Given that Infibeam's discount on books is 25%-40%(on average), it would not make more than 15%-20% gross profits on books. So they are effectively giving away their profits and making no profit on no loss on the transaction. So what is going on here? Why would anyone do it? The reason in my view is that
  1. Boosting revenue multiples:-When dotcoms are valued on revenue multiple basis, then there is no reason why Infibeam should not book Rs 20,000 despite the transactions cancelling out each other
  2. Shrinkage:-As any coupon seller knows, not all gift cards/coupons are used. Even taking a 30% shrinkage, that is money directly to the bottomline. And to encourage that shrinkage, Infibeam has
    1. Limited the usage to 1 voucher/transaction=>If an item costing>Rs 1000 is purchased, then the user ends up paying cash for the difference. 
    2. Relatively low limit(Rs 1000) for the voucher
    3. Time limit of 6 months to use 10 vouchers. That implies an order once every 18 days!
    4. Limited book selection of academic/other low profit books like NCERT etc! 
  3.  long term customer value:-Anyone who places 10 orders of books/ebooks is likely to come back for more. This would expand the market and 10orders would increase their faith in Infibeam.
 However, one important disadvantage of this is the potential of misuse for institutional purchases. If I was a librarian, I would order Pi2, and use the infibeam gift vouchers to make purchases which I may anyway have done. So the concept of incremental customer value may be defeated.

Another issue is that are 10 orders enough to make the Indian into a book buyer? Few Indians read, fewer are willing to pay. And the surfeit of pulp fiction costing less than Rs 100 has devalued the category. Would more expensive books cause Indians to pirate them online? On file sharing sites, one can download illegally the latest version of books even costing $5 or less. I think that after exhausting the vouchers, it is optimistic to expect an Indian reader to purchase ebooks rather than download them from filesharing websites.

Anyways, I shall follow this matter with interest, and update you all if I purchase that reader

Wednesday, October 19, 2011

Chemical pesticides, antivirus software, education and medicines-conflicts of interest galore

While analyzing the business models of the chemicals, pharma and technology industries, I began to connect the dots and notice some interesting common threads, some of which I explore in this post.

Chemical pesticides are needed if the seeds are inherently weak or are not able to cope naturally against their pests. Agribusiness companies often produce both the seeds and pesticides, thus sparking an inherent conflict. Better seeds resistant to pests need less pesticides, which affects the business performance of that division. And pesticides ARE likely to be more profitable, because they cannot be reused/recycled unlike seeds(as Bt terminator gene is not widely used in India). of course, there are likely to be be Chinese walls as well as specialized seeds and pesticides companies which will keep a healthy competition-but care should be taken that consolidation sprees does not destroy that.

Similarly, writing robust code slowens the time to market and reduces the demand for anti virus. Why not kill two birds with one stone by leaving known errors, which you can then solve with your proprietary anti virus? A few techie friends of mine accuse microsoft of this.

And while pharma companies do not(yet) sell food, they do sell nutritional supplements of doubtful efficacy. And given the low awareness even among medical professionals of the interaction effects of drugs, cocktails of drugs may cause resistance and other unknown effects, thus boosting the demand for new drugs to combat that issue as well!

Some Indian education majors like NIIT, Educomp, Everonn, EdServ, Manipal Group etc are present/entering into both school/college education and also coaching/tutorials. This begs the question-which segment will be canibalized? Will a good school remove the need for tutorials or vice versa?

In all the above, the risk is greater when conglomerates take over independent and competing businesses. Therefore, having independent focussed players cuts the risk for consumers.

Wednesday, October 5, 2011

Is Kindle the new Napster?

Napster killed the records industry. When customers discovered that they could listen to unlimited music online without being forced to buy bundled tracks on vinyl CDs, they defected en-masse to P2P sources of pirated digital music. Though the records company legally fought back and got Napster shut, it was clear that digital music was an idea whose time had come. Hence when the Apple Store decided to sell most songs for 99 cents, music companies reluctantly joined the party because they realized that the customers had now tasted blood, and would not return to the old system. But despite the 99 cents thing, I can say from empirical evidence of both Indian and foreign friends, that the quantum of pirated music is mindboggling. Students already cash strapped with high tution, rent, mess and other expenses, are most willing to cut their spend(not consumption!) of music/films. Also, going online does make our ethics a bit more elastic. The person who would never dream of stealing 5cents from a blind beggar on a desolated street, has no compunctions downloading media content worth thousands of dollars. Whether it be rock music, Hollywood films(or even Bollywood for that matter), torrent sites and DC networks on college campuses/apartment complexes lead to large scale revenue linkage.

The books industry is quite similar. It also depends on backlists(old content that sells as classics like Enid Blyton, old classics etc) and on blockbusters(Harry Potter, fiction franchises). And given the higher entry barrier for books(literacy, time investment), people saw it worthwhile to spend on physical copies, given that they could use it during the downtime of commuting, breaks etc,. But the disruptive innovation of ebook readers like the Kindle, ensured that now ebooks could be as convinient as books. In metros, the factor of not having to endure traffic jams/long distances for buying books, is a factor. And though online shopping and free delivery of physical books is now a global phenomenon, ebook downloads allow for instant gratification,at prices often lower than physical books. Given that adults are likely to read books at best once(research shows that upto 40% of books go unread!!), ebooks are value for money, and save the space crunch which results from having huge collections of physical books.Not so long ago, children's books were the most expensive because publishers felt that children would prefer the paper and ink version of books. That assumption may no longer be valid. Kids used to their screens(TV, mobiles, PS3) may readily accept a fourth screen. And the Kindle costs just $79(around INR 3900). Infibeam's version of the Kindle costs Rs 9999-but they give 10 vouchers of Rs 1000 each, which are redeemable against purchases of books/ebooks within 6 months. So cost is no longer an excuse to avoid buying an ebook reader. And the high battery life(upto 1 month) and ease of handling makes the ebook readers suited to Indian conditions. And publishers(especially niche books) find that ebooks leapfrog the poor and often expensive distribution chain for physical books.

But as the music publishers found, the costless distribution of digital content is a two edged sword. Any level of digital rights management pioneered so far, has been unlocked by pirates. The publishers have been losing the cat and mouse battle with pirates. Cloud computing may hand the technological victory to the publishers, because they can control and revoke access at any time, and have on the clock information on WHO is reading their content. Still, given the vast ebook piracy which Kindle allows for, it can be said to be the new Napster, for more reasons than one.

Tuesday, October 4, 2011

Few Business systems see genuine goal subordination

Today, I opened a systems textbook and noticed the idealistic definition of system where a set of interrelated and interdependent sub systems, work together to achieve a common goal. And perchance if the sub system's individual goal(s) conflict with the overall goal, then the overall goal takes precedence. For instance, if the company's goal is to achieve maximum profitability, then it may conflict with an Operations Goal of 100% stock-in/Sales goal of 100% client coverage/Production goal of 100% capacity utilization. But it is naive to expect the respective functional heads to bend over and take it, just because of an idealistic sense of honour. After all, if their function underperforms, they can kiss their bonuses/promotions good bye, specially in the pay for performance mindset of today. Hence, controls and systems are set in place to ensure that sub units act as per the invisible hand to achieve overall goals. For instance
  • Top Down Planning:- This ensures that sub units can only plan and execute within the overall boundaries laid down by management, consistent with superior goals
  • Profit Centre and Transfer Pricing:-Profit Centre approach can ensure individual sub unit optimization, but may affect overall margins. That is why transfer pricing sets ground rules and dispute resolution for interactions between units, to ensure that the squabbles do not harm the organization too much.
  • Cross Selling:- An acid test of the extent of integration between sub units, is the extent of cross selling done by SBUs. This metric is important especially for banks. Hence, encouraging cross selling will improve peer interaction, and boost overall profitability.
  • 360 degree appraisal:- If peers have a role in appraisal, then atleast more civil behaviour and bother for overall goals will ensure.
But the best laid plans often fail. Top down planning without a strong internal audit function, often remains a paper tiger. Transfer pricing can be tweaked by smart management accountants, or rendered useless by faulty data/analysis. And cross selling is not always in the SBUs control, and may lead to misselling/fracturing the primary unit client relationships. These things are a reality of life in organizations, and how they are handled often determines