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Archive: 21 December 2011

Posts in 21 December 2011

Termination of contractual job can be challenged in court – SC

December 21, 2011 30969 Views 6 comments Print

GRIDCO Limited & ANR. Vs. Sri Sadananda Doloi & Ors. (SC) – There has been a notable shift from the stated legal position settled in earlier decisions, that termination of a contractual employment in accordance with the terms of the contract was permissible and the employee could claim no protection against such termination even when one of the contracting parties happened to be the State. Remedy for a breach of a contractual condition was also by way of civil action for damages/compensation.

Section 80G – Approvals already granted to the assessee u/s 80G, if expiring on or after 1.10.2009, shall be deemed to have been extended in perpetuity

December 21, 2011 4373 Views 0 comment Print

Ina Raja Memorial Education Trust Vs DIT (Exemptions) – (ITAT Delhi) – In this case, the assessee made an application on 24.2.2011 in Form No. 10G, seeking renewal of exemption u/s 80G of the Act, which has been rejected by the ld. CIT(A) by observing that the assessee has failed to furnish bills/vouchers of expenses and certain other details as stated by him in para 2 of his order. In this connection, it is pertinent to note that proviso to clause (vi) of Section 80(G) sub-section (5) has been omitted by the Finance Act (No. 2) 2009 w.e.f. 1.10.2009.

Govt taking action against Kingfisher for TDS payment default

December 21, 2011 1442 Views 0 comment Print

Vijay Mallya-promoted airlines has not defaulted on payment of dues towards provident fund of the employees. The government on Tuesday said it is taking action against debt-ridden Kingfisher Airlines for not depositing Rs 153 crore, which the company deducted as TDS from its employees, with the exchequer.

Advance tax collection from top 100 companies declined by 1.4 per cent

December 21, 2011 883 Views 0 comment Print

Advance tax collection from the country’s top 100 companies, according to the final numbers, declined by 1.4 per cent to Rs 30,763 crore in the third quarter of 2011-12, indicating sluggishness in the economy. These corporate houses had paid Rs 31,203 crore in the same period last year.

IRDA – Claim consultancy by Insurance Brokers

December 21, 2011 3414 Views 0 comment Print

The Insurance Regulatory and Development Authority (Insurance Brokers) Regulations, 2002 have laid down the functions of a Direct Broker in Regulation 3. Regulations 3(e) and 3(j) envisage that an insurance broker should render advice to a client on appropriate insurance cover and terms and assist in the negotiations of claims. However, as per Clause 7(e) of Schedule 3 of the said Regulations, an insurance broker should not to take up a recovery assignment on a policy contract which has not been serviced through him nor work as a claims consultant for a policy which has not been serviced through him.

Exclusion from the Second Schedule to the Reserve Bank of India Act, 1934 – State Bank of India Commercial and International Bank Limited

December 21, 2011 1268 Views 0 comment Print

Ref.DBOD.Ret..BC. No.66/12.06.001/2011-12 We advise that the name of State Bank of India Commercial and International Bank Limited has been excluded from the Second Schedule to the Reserve Bank of India Act, 1934 by notification DBOD.No.Ret.BC.35/12.06.059/2011-12 dated September 26, 2011, published in the Gazette of India (Part III – Section-4) dated October 29 – November 04, 2011.

RBI – Marginal Standing Facility – Scheme

December 21, 2011 487 Views 0 comment Print

It has been decided to permit banks to avail themselves of funds from RBI on overnight basis, under Marginal Standing Facility (MSF), against their excess SLR holdings. Additionally, they can also avail themselves of funds, on overnight basis below the stipulated SLR, up to one per cent of their respective Net Demand and Time Liabilities outstanding at the end of second preceding fortnight. In the event the banks’ SLR holdings fall below the statutory requirement, banks will not have the obligation to seek a specific waiver for default in SLR compliance arising out of use of this facility in terms of notification issued under sub section (2A) of Section 24 of the Banking Regulation Act, 1949.

KYC norms and Obligation of banks under PMLA, 2002- Assessment and Monitoring of Risk – RPCD.CO.RRB.AML. BC.No.46 /03.05.33 (E) /2011-12

December 21, 2011 1279 Views 0 comment Print

In terms of paragraph 2 of the circular dated February 18, 2005 and paragraph 2 of the circular dated January 12, 2011, RRBs are required to prepare a risk profile of each customer and apply enhanced due diligence measures on higher risk customers. Some illustrative examples of customers requiring higher due diligence have also been provided in the paragraph under reference.Further, paragraph 5 of the circular dated February 18,2005requires RRBs to put in place policies, systems and procedures for risk management keeping in view the risks involved in a transaction, account or banking/business relationship.

Business Support Services / financial services not in the nature of technical services within the meaning of Article 12.5(b) of the DTA between India and the Netherlands

December 21, 2011 1209 Views 0 comment Print

In Re Shell Technology India Private Limited (AAR) – The applicant is said to be providing scientific and technical services to Overseas Shell group entities. SSSABV, a company incorporated in Netherlands, through its branch in the Philippines, is currently providing back office financial services relating to accounts etc. to the applicant. It is seen that software are installed for that purpose; but it has not been clarified whether they are installed in India or in the Philippines. It appears to us that this aspect may not matter, as the software is used by the Philippines branch of SSSABV for rendering the services to the applicant and not by the applicant itself,

DGFT – Corrigendum in description of export item at Sl. No 1011, Product Code-62 of the DEPB Rate Schedule

December 21, 2011 268 Views 0 comment Print

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14, the following correction is made in description of export item under Sl. No 1011, Product Code-62 Chemicals of the DEPB Rate Schedule.

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