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Archive: August, 2011

Posts in August, 2011

IRDA – Solvency Margin of Non-life Insurance in respect of Motor TP Pool

August 24, 2011 7315 Views 0 comment Print

Ref:IRDA/ F&A/CIR/SOLP/195/08/2011 – The Circular clarified the position related to the retrocession of premium received from the TP Pool and excluded it from the calculation for the RSM, the position related to treatment of share of claim retro ceded from the pool remained unclear. The interpretation of the above Circular is taken differently by different companies. As a result, the insurers are following different approach in calculation of Solvency Margin in respect of Motor TP Pool.

Appointment of Common Adjudicating Authority – Notification No.59/2011- Customs (N.T.)

August 24, 2011 9181 Views 0 comment Print

Notification No.59/2011- Customs (N.T.) In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the Joint Commissioner or Additional Commissioner of Customs, Custom House, Near Balaji Temple, Kandla, to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on- (i) Joint Commissioner or Additional Commissioner of Customs, Custom House, Kandla;

New partners can not be held guilty for cheque issued by old partners – SC

August 24, 2011 1633 Views 0 comment Print

Sarojben Ashwinkumar Shah etc. Vs. State of Gujarat & ANR. (Supreme Court of India)- In this case, a firm issued cheques to a person but it was returned by the bank as the account had been closed. The payee filed a criminal complaint under Section 138 of the Negotiable Instruments Act against the firm and two partners. During the trial, the two partners produced the copy of the registration of the firm. It indicated that there were two more partners in the firm. So the payee wanted to make them also parties. The newcomers moved the Gujarat high court for quashing this move. The high court refused to do so. They appealed to the Supreme Court. It set aside the high court order and asked it to reconsider the case.

SC upholds tax and penalty on Multi System Operators

August 24, 2011 1408 Views 0 comment Print

Indusind Media & Communication Ltd. & ANR. Vs. Mamlatdar & Ors. (Supreme Court of India) – Honourable SC held that We do not find any substance in the submission made on behalf of the appellants that imposition of penalty is in violation of the principles of natural justice. We find from the orders passed by the authorities that the appellants had given incorrect information with regard to total number of connections given by them. The requisite information was not provided by the appellants in spite of issuance of notices and requests made to the appellants.

Earnest money forfeited as per terms of tender for not entering into contract can not be refunded – SC

August 24, 2011 14228 Views 1 comment Print

State of Haryana & Ors. Vs. M/s. Malik Traders (Supreme Court of India) – A person may have a right to withdraw his offer but if he has made his offer on a condition that some earnest money will be forfeited for not entering into contract or if some act is not performed, then even though he may have a right to withdraw his offer, he has no right to claim that the earnest/security be returned to him. Forfeiture of such earnest/security, in no way, affects any statutory right under the Indian Contract Act. Such earnest/security is given and taken to ensure that a contract comes into existence. It would be an anomalous situation that a person who, by his own conduct, precludes the coming into existence of the contract is then given advantage or benefit of his own wrong by not allowing forfeiture.

60 percent registered service tax payers not filing returns

August 24, 2011 1703 Views 0 comment Print

The Revenue Department is trying to locate 9 lakh business entities which have stopped filing service tax returns, with a view to improving collections, meeting Rs 82,000-crore target in 2011-12 and to ascertain whether there is any tax evasion. There are 15 lakh registered service tax payers in the country. According to the Central Board of Excise and Customs (CBEC) Chairman SD Majumdar, only six lakh service tax payers are filing returns.

Removing Password from a PDF File – Especially pdf file downloaded from Income Tax e-filing portal

August 24, 2011 13564 Views 0 comment Print

There’s a free Windows utility called BeCyPDFMetaEdit that can help you remove passwords from PDF files without making any other change to the document. (I am not sure why the developers picked such a complex name for this useful utility). Here’s what you need to do:1. Launch the program and it will ask your for the location of the PDF file.

Compensation to be awarded should not be measured by the nature, location or degree of the injury, but rather by the extent or degree of the incapacity resulting from the injury – SC

August 24, 2011 1544 Views 0 comment Print

The judgment in the case, Sri Ramachandrappa vs Royal Sundaram Alliance Insurance Co, stated that compensation to be awarded is not measured by the nature, location or degree of the injury, but rather by the extent or degree of the incapacity resulting from the injury. The tribunals are expected to make an award determining the amount which should appear to be just, fair and proper.

Companies Bill, 2009 ready with Cabinet note for legislation – Veerappa Moily

August 24, 2011 996 Views 0 comment Print

Expressing hope that the Companies Bill, 2009, will be passed by Parliament in 2011, the Corporate Affairs Minister, Veerappa Moily, today said his ministry was ready with the Cabinet note for the legislation. Companies Bill will be passed, if not in this (monsoon) session, (then) definitely in the winter session, Moily told reporters on the sidelines of a FICCI meet here.

Custom Duty – Authorized Economic Operator (AEO) programme for implementation

August 23, 2011 2066 Views 0 comment Print

Circular No.37/2011-Customs, In view of growing concern amongst Customs administrations about the threat posed through misuse of channels of import and export, there is a need to ensure security in global supply chain in international movement of goods. Keeping this in view, CBEC has finalized the ‘Authorized Economic Operators’ (AEO) programme for implementation to secure supply chain of imported and export goods.

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