Monthly Archives: August 2015

OBTAINING ANNUITY OPTIONS FROM POLICY HOLDERS

By | August 9, 2015

OBTAINING ANNUITY OPTIONS FROM POLICY HOLDERS CIRCULAR NO.IRDA/LIFE/CIR/MISC/140/8/2015, DATED 3-8-2015 It is noticed by the Authority that the Life Insurers are obtaining Annuity Options from the Policy holders prior to vesting date in the case of deferred annuity plans and due to non-receipt of Annuity Option from the concerned policyholders before the vesting date, it… Read More »

Dishonour of cheque Liability on date of presentation

By | August 9, 2015

Question : Whether in case of dishonour of cheque , person issuing the cheque can claim that the debt or other liability should be in existence on the date of issuance of the cheque before punishing him with imprisonment or fine  as per the provisions of Section 138 of the Negotiable Instruments Act, 1881 ? Neither the main… Read More »

RBI allowed bank branch shifting , merger and closure

By | August 9, 2015

bank branch shifting , merger and closure at the discretion of the Bank                            RELAXATIONS IN BRANCH  BRANCH AUTHORISATION POLICY CIRCULAR DBR.NO.BAPD.BC.34/22.01.001/2015-16, DATED 6-8-2015 Please refer to circulars DBOD.No.BAPD.BC.54 and 60/22.01.001/2013-14 dated September 19, 2013 and October 21, 2013 respectively on the above… Read More »

winding up petition against company if fails to pay outstanding dues

By | August 8, 2015

Question : Whether winding up petition against  the company can admitted in case company fails to pay outstanding dues ?  Whether since in e-mails respondent-company had acknowledged to pay outstanding dues to petitioner-company but had failed to pay same, respondent was unable to discharge admitted liability and, thus, winding up petition against it was to be… Read More »

FILING OF APPEALS ON MERITS – INSTRUCTIONS TO IT DEPARTMENT

By | August 8, 2015

FILING OF APPEALS ON MERITS – OBSERVATION OF COURTS – INSTRUCTIONS TO IT DEPARTMENT TO ENSURE OPTIMAL UTILISATION OF AVAILABLE RESOURCES TO OBTAIN MAXIMUM BENEFIT OUT OF LITIGATION LETTER D.O. No.279/M-88/2014-ITJ, DATED 3-7-2015 Reference the earlier D.O. dated 19th September, 2014 on the above subject. It has been noted that despite several instructions on the subject,… Read More »

No Adjustment of refund against outstanding demand without Notice

By | August 8, 2015

Question  Whether the Income tax department can make adjustment of refund against outstanding demand without issuing notice to Assessee ? Where a sum was recovered from bank account of assessee by issuing a garnishee order and amount due on refund was adjusted against a tax demand without giving a notice to assessee, since Department had… Read More »

loss on Forex Derivative can be set off

By | August 8, 2015

Question: Whether loss on Forex derivative can be set off against  business income ? Loss incurred by exporter on forex derivative wasn’t speculative; could be set off against other business income Where assessee, an exporter of garments, entered into forex derivative transactions through its bankers to hedge its foreign currency risk, loss incurred on such transactions… Read More »

Serious Fraud Investigation Office

By | August 8, 2015

Govt. establishes Serious Fraud Investigation Office under Companies Act, 2013 SECTION 211 OF THE COMPANIES ACT, 2013 – SERIOUS FRAUD INVESTIGATION OFFICE – ESTABLISHMENT OF – NOTIFIED SERIOUS FRAUD INVESTIGATION OFFICE NOTIFICATION NO. SO 2005(E) [F.NO.A-35011/09/2011-ADMN.III], DATED 21-7-2015 In exercise of the powers conferred by sub-section (1) of section 211 of the Companies Act, 2013… Read More »