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Archive: October, 2022

Posts in October, 2022

IRDAI penalises Max Life Insurance for Misrepresentation

October 13, 2022 2148 Views 0 comment Print

Charge: Not complying with directions issued by Insurance Regulatory And Development Authority of India. Decision: The Insurer Max Life Insurance Co. Ltd has not complied with the directions issued by the Authority vide letters dated 28th January, 2021, and dated 5th February, 2016. Therefore, a penalty of Rs 1 crore (Rupees One Crore only) is […]

No Section 271(1)(c) Penalty on Unsustainable Claims

October 13, 2022 1869 Views 0 comment Print

ACIT Vs Indian Drugs & Pharmaceuticals Limited (ITAT Delhi) The penalty order reveals that the impugned penalty has been imposed by the Ld. AO for the solitary reason that the assessee made claim for deduction of expenses which were not allowable. The assessee furnished explanation for claiming higher deduction of expenses in the revised computation. […]

Interest paid for delayed deposit of TDS cannot be equated to penalty

October 13, 2022 2925 Views 1 comment Print

Interest on TDS is not interest paid on income tax per se and the disallowance thereof, is unwarranted and interest paid for delayed deposit of TDS cannot be equated to penalty or breach of law.

Bar U/S 69 of Partnership Act not applicable to Arbitration Dispute of Unregistered Partnership Firm

October 13, 2022 4491 Views 0 comment Print

Md. Wasim Vs Bengal Refrigeration and Company (Calcutta High Court) The partnership deed containing the Arbitration Clause has not been disputed by the respondents. It is also not in dispute that it is an unregistered partnership deed. The objection of the respondents is in respect of the bar contained under Section 69 of the Act […]

Parallel GST Proceedings by different Wings of Same department for same Period not Permissible

October 13, 2022 6564 Views 0 comment Print

R. P. Buildcon Private Limited & ANr. Vs Superintendent, CGST & CX (Calcutta High Court) As could be seen from the records placed before this Court, we find that three wings of the same department are proceeding against the appellants for the very same period, i.e. financial years 2017- 2018, 2018-2019 and 2019-2020. The learned […]

Section 21 of Arbitration Act Must be complied with before Invoking Court’s Jurisdiction

October 13, 2022 19668 Views 0 comment Print

West Bengal Power Development Corporation Limited Vs Sical Mining Limited (Calcutta High Court) In this case application under Section 11 of Arbitration and Conciliation Act, 1996 has been filed to appoint the sole arbitrator to decide the dispute between the parties. Learned Counsel for the respondent has raised an objection that no notice making a […]

Insurance cover for new-borns/infants under health insurance policies

October 12, 2022 2523 Views 0 comment Print

It is reiterated that all insurance products that cover newborns/unborns shall comply with the above referred provisions without any deviation and provide, coverage from day one(1) without imposing any waiting periods/sub-limits or any other restrictive conditions.

IRDAI directs Pramerica Life Insurance Co. to ensure strict compliance of AML/CFT Guidelines

October 12, 2022 2190 Views 0 comment Print

Insurance Regulatory and Development Authority of India Order No: IRDAI/LIFE/ORD/MISC/209 /10/2022 Date: 12-10-2022 Background  1. A focused onsite inspection of M/s. Pramerica Life Insurance Co. Ltd., (the Insurer) was conducted from 14th October 2019 to 18th October 2019 and inspection report was shared with the insurer for their comments vide letter dated 30th December 2019. Response of the […]

IRDAI directs Aviva Life Insurance Company to strengthen internal checks & balances

October 12, 2022 1674 Views 0 comment Print

Considering the submissions of the insurer as above, the charge is not being pressed. The insurer is however, advised to strengthen the internal checks and balances to avoid re-occurrence of clerical errors going forward.

IRP/ RP cannot charge separate fees for each primary duty performed when a consolidated fees is already being paid

October 12, 2022 3084 Views 0 comment Print

DC observes that the CIRP Regulations covers the complete expenses and fees of the IRP/ RP, and this fee is payable after ratification by the CoC. The approval by the CoC of the expenses incurred in the CIRP is a mechanism for keeping a check on the expenditures made by the IRP/ RP. In the […]

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