Zero-Limited or Maximum Liability of Customers in Unauthorised e-Banking Transaction-RBI Revised Directions

Zero-Limited or Maximum Liability of Customers in Unauthorised e-Banking Transaction. Banks may waive any liability even in cases of customer negligence-RBI Revised Directions

Liability of Customers in Unauthorised e Banking Transaction

Reserve Bank of India

Customer Protection–Limiting Liability of Customers in Unauthorised Electronic Banking Transactions

RBI/2017-18/15
DBR.No.Leg.BC.78/09.07.005/2017-18

July 6, 2017

All Scheduled Commercial Banks (including RRBs)
All Small Finance Banks and Payments Banks

Dear Sir/ Madam,

Customer Protection-Limiting Liability of Customers in Unauthorised Electronic Banking Transactions

Please refer to our circular DBOD.Leg.BC.86/09.07.007/2001-02 dated April 8, 2002 regarding reversal of erroneous debits arising from fraudulent or other transactions.

2. With the increased thrust on financial inclusion and customer protection and considering the recent surge in customer grievances relating to unauthorised transactions resulting in debits to their accounts/ cards, the criteria for determining the customer liability in these circumstances have been reviewed. The revised directions in this regard are set out below.

Strengthening of systems and procedures

3. Broadly, the electronic banking transactions can be divided into two categories:

  1. Remote/ online payment transactions (transactions that do not require physical payment instruments to be presented at the point of transactions e.g. internet banking, mobile banking, card not present (CNP) transactions), Pre-paid Payment Instruments (PPI), and
  2. Face-to-face/ proximity payment transactions (transactions which require the physical payment instrument such as a card or mobile phone to be present at the point of transaction e.g. ATM, POS, etc.)

4. The systems and procedures in banks must be designed to make customers feel safe about carrying out electronic banking transactions. To achieve this, banks must put in place:

  1. appropriate systems and procedures to ensure safety and security of electronic banking transactions carried out by customers;
  2. robust and dynamic fraud detection and prevention mechanism;

  3. mechanism to assess the risks (for example, gaps in the bank’s existing systems) resulting from unauthorised transactions and measure the liabilities arising out of such events;
  4. appropriate measures to mitigate the risks and protect themselves against the liabilities arising therefrom; and
  5. a system of continually and repeatedly advising customers on how to protect themselves from electronic banking and payments related fraud.

Reporting of unauthorised transactions by customers to banks

5. Banks must ask their customers to mandatorily register for SMS alerts and wherever available register for e-mail alerts, for electronic banking transactions. The SMS alerts shall mandatorily be sent to the customers, while email alerts may be sent, wherever registered. The customers must be advised to notify their bank of any unauthorised electronic banking transaction at the earliest after the occurrence of such transaction, and informed that the longer the time taken to notify the bank, the higher will be the risk of loss to the bank/ customer. To facilitate this, banks must provide customers with 24×7 access through multiple channels (at a minimum, via website, phone banking, SMS, e-mail, IVR, a dedicated toll-free helpline, reporting to home branch, etc.) for reporting unauthorised transactions that have taken place and/ or loss or theft of payment instrument such as card, etc. Banks shall also enable customers to instantly respond by “Reply” to the SMS and e-mail alerts and the customers should not be required to search for a web page or an e-mail address to notify the objection, if any. Further, a direct link for lodging the complaints, with specific option to report unauthorised electronic transactions shall be provided by banks on home page of their website. The loss/ fraud reporting system shall also ensure that immediate response (including auto response) is sent to the customers acknowledging the complaint along with the registered complaint number. The communication systems used by banks to send alerts and receive their responses thereto must record the time and date of delivery of the message and receipt of customer’s response, if any, to them. This shall be important in determining the extent of a customer’s liability. The banks may not offer facility of electronic transactions, other than ATM cash withdrawals, to customers who do not provide mobile numbers to the bank. On receipt of report of an unauthorised transaction from the customer, banks must take immediate steps to prevent further unauthorised transactions in the account.

Limited Liability of a Customer

(a) Zero Liability of a Customer

6. A customer’s entitlement to zero liability shall arise where the unauthorised transaction occurs in the following events:

  1. Contributory fraud/ negligence/ deficiency on the part of the bank (irrespective of whether or not the transaction is reported by the customer).
  2. Third party breach where the deficiency lies neither with the bank nor with the customer but lies elsewhere in the system, and the customer notifies the bank within three working days of receiving the communication from the bank regarding the unauthorised transaction.

(b) Limited Liability of a Customer

7. A customer shall be liable for the loss occurring due to unauthorised transactions in the following cases:

  1. In cases where the loss is due to negligence by a customer, such as where he has shared the payment credentials, the customer will bear the entire loss until he reports the unauthorised transaction to the bank. Any loss occurring after the reporting of the unauthorised transaction shall be borne by the bank.

  2. In cases where the responsibility for the unauthorised electronic banking transaction lies neither with the bank nor with the customer, but lies elsewhere in the system and when there is a delay (of four to seven working days after receiving the communication from the bank) on the part of the customer in notifying the bank of such a transaction, the per transaction liability of the customer shall be limited to the transaction value or the amount mentioned in Table 1, whichever is lower.

Table 1
Maximum Liability of a Customer under paragraph 7 (ii)
Type of Account Maximum liability
(Rs)
• BSBD Accounts 5,000
• All other SB accounts
• Pre-paid Payment Instruments and Gift Cards
• Current/ Cash Credit/ Overdraft Accounts of MSMEs
• Current Accounts/ Cash Credit/ Overdraft Accounts of Individuals with annual average balance (during 365 days preceding the incidence of fraud)/ limit up to Rs.25 lakh
• Credit cards with limit up to Rs.5 lakh
10,000
• All other Current/ Cash Credit/ Overdraft Accounts
• Credit cards with limit above Rs.5 lakh
25,000

Further, if the delay in reporting is beyond seven working days, the customer liability shall be determined as per the bank’s Board approved policy. Banks shall provide the details of their policy in regard to customers’ liability formulated in pursuance of these directions at the time of opening the accounts. Banks shall also display their approved policy in public domain for wider dissemination. The existing customers must also be individually informed about the bank’s policy.

8. Overall liability of the customer in third party breaches, as detailed in paragraph 6 (ii) and paragraph 7 (ii) above, where the deficiency lies neither with the bank nor with the customer but lies elsewhere in the system, is summarised in the Table 2:

Table 2

Summary of Customer’s Liability
Time taken to report the fraudulent transaction from the date of receiving the communication Customer’s liability (Rs.)
Within 3 working days Zero liability
Within 4 to 7 working days The transaction value or the amount mentioned in Table 1, whichever is lower
Beyond 7 working days As per bank’s Board approved policy

The number of working days mentioned in Table 2 shall be counted as per the working schedule of the home branch of the customer excluding the date of receiving the communication.

Reversal Timeline for Zero Liability/ Limited Liability of customer

9. On being notified by the customer, the bank shall credit (shadow reversal) the amount involved in the unauthorised electronic transaction to the customer’s account within 10 working days from the date of such notification by the customer (without waiting for settlement of insurance claim, if any). Banks may also at their discretion decide to waive off any customer liability in case of unauthorised electronic banking transactions even in cases of customer negligence. The credit shall be value dated to be as of the date of the unauthorised transaction.

10. Further, banks shall ensure that:

  1. a complaint is resolved and liability of the customer, if any, established within such time, as may be specified in the bank’s Board approved policy, but not exceeding 90 days from the date of receipt of the complaint, and the customer is compensated as per provisions of paragraphs 6 to 9 above;
  2. where it is unable to resolve the complaint or determine the customer liability, if any, within 90 days, the compensation as prescribed in paragraphs 6 to 9 is paid to the customer; and
  3. in case of debit card/ bank account, the customer does not suffer loss of interest, and in case of credit card, the customer does not bear any additional burden of interest.

Board Approved Policy for Customer Protection

11. Taking into account the risks arising out of unauthorised debits to customer accounts owing to customer negligence/ bank negligence/ banking system frauds/ third party breaches, banks need to clearly define the rights and obligations of customers in case of unauthorised transactions in specified scenarios. Banks shall formulate/ revise their customer relations policy, with approval of their Boards, to cover aspects of customer protection, including the mechanism of creating customer awareness on the risks and responsibilities involved in electronic banking transactions and customer liability in such cases of unauthorised electronic banking transactions. The policy must be transparent, non-discriminatory and should stipulate the mechanism of compensating the customers for the unauthorised electronic banking transactions and also prescribe the timelines for effecting such compensation keeping in view the instructions contained in paragraph 10 above. The policy shall be displayed on the bank’s website along with the details of grievance handling/ escalation procedure. The instructions contained in this circular shall be incorporated in the policy.

Burden of Proof

12. The burden of proving customer liability in case of unauthorised electronic banking transactions shall lie on the bank.

Reporting and Monitoring Requirements

13. The banks shall put in place a suitable mechanism and structure for the reporting of the customer liability cases to the Board or one of its Committees. The reporting shall, inter alia, include volume/ number of cases and the aggregate value involved and distribution across various categories of cases viz., card present transactions, card not present transactions, internet banking, mobile banking, ATM transactions, etc. The Standing Committee on Customer Service in each bank shall periodically review the unauthorised electronic banking transactions reported by customers or otherwise, as also the action taken thereon, the functioning of the grievance redress mechanism and take appropriate measures to improve the systems and procedures. All such transactions shall be reviewed by the bank’s internal auditors.

14. The instructions contained in this circular supersede some of the instructions contained in our Master Circular DBR.No.FSD.BC.18/24.01.009/2015-16 dated July 1, 2015 on Credit Card, Debit Card and Rupee Denominated Co-branded Pre-paid Card Operations of Banks and Credit card issuing NBFCs as detailed in the Annex.

Yours faithfully,

(Prakash Baliarsingh)
Chief General Manager


Annex

Instructions in our Master Circular on Credit Card, Debit Card and Rupee Denominated Co-branded Pre-paid Card Operations of Banks and Credit card issuing NBFCs (DBR.No.FSD.BC.18/24.01.009/2015-16 dated July 1, 2015) which stand revised in respect of Scheduled Commercial Banks

Sr. No. Existing Instructions Revised instructions in this circular (Para No.)
  Para No. Instructions  
1 I.14.1 Banks/ NBFCs should set up internal control systems to combat frauds and actively participate in fraud prevention committees/ task forces which formulate laws to prevent frauds and take proactive fraud control and enforcement measures. 4
2 II.7.(viii)(c) 7. Terms and conditions for issue of cards to customers: 
(viii) (c) The terms shall put the cardholder under an obligation to notify the bank immediately after becoming aware:
– of the loss or theft or copying of the card or the means which enable it to be used;
– of the recording on the cardholder’s account of any unauthorised transaction; and
– of any error or other irregularity in the maintaining of that account by the bank.
5
3 II.7.(viii)(d) (viii) (d): The terms shall specify a contact point to which such notification can be made. Such notification can be made at any time of the day or night. 5
4 II.7.(x) The terms shall specify that the bank shall be responsible for direct losses incurred by a cardholder due to a system malfunction directly within the bank’s control. However, the bank shall not be held liable for any loss caused by a technical breakdown of the payment system if the breakdown of the system was recognizable for the cardholder by a message on the display of the device or otherwise known. The responsibility of the bank for the non-execution or defective execution of the transaction is limited to the principal sum and the loss of interest subject to the provisions of the law governing the terms. 6 & 7
5 II.9.(i) The bank shall ensure full security of the debit card. The security of the debit card shall be the responsibility of the bank and the losses incurred by any party on account of breach of security or failure of the security mechanism shall be borne by the bank. 4, 6 & 7
6 II.9.(iv) iv) The cardholder shall bear the loss sustained up to the time of notification to the bank of any loss, theft or copying of the card but only up to a certain limit (of fixed amount or a percentage of the transaction agreed upon in advance between the cardholder and the bank), except where the cardholder acted fraudulently, knowingly or with extreme negligence. 6 & 7
7 II.9.(v) Each bank shall provide means whereby his customers may at any time of the day or night notify the loss, theft or copying of their payment devices. 5
8 II.9.(vi) On receipt of notification of the loss, theft or copying of the card, the bank shall take all action open to it to stop any further use of the card. 5

RBI Sovereign Gold Bond Scheme 2017-18 Series-II

RBI Sovereign Gold Bond Scheme 2017-18 Series-II

RBI Sovereign Gold Bond Scheme 2017-18 Series-II

Reserve Bank of India

Sovereign Gold Bond Scheme 2017-18 Series-II

The Reserve Bank of India, in consultation with Government of India, has decided to issue Sovereign Gold Bonds 2017-18 – Series II. Applications for the bond will be accepted from July 10-14, 2017. The Bonds will be issued on July 28, 2017. The Bonds will be sold through banks, Stock Holding Corporation of India Limited (SHCIL), designated Post Offices, and recognised Stock Exchanges viz., National Stock Exchange of India Limited and Bombay Stock Exchange. The features of the Bond are given below:

Sl. No. Item Details
1 Product name Sovereign Gold Bond 2017-18 – Series II
2 Issuance To be issued by Reserve Bank India on behalf of the Government of India.
3 Eligibility The Bonds will be restricted for sale to resident Indian entities including individuals, HUFs, Trusts, Universities and Charitable Institutions.
4 Denomination The Bonds will be denominated in multiples of gram(s) of gold with a basic unit of 1 gram.
5 Tenor The tenor of the Bond will be for a period of 8 years with exit option from 5th year to be exercised on the interest payment dates.
6 Minimum size Minimum permissible investment will be 1 gram of gold.
7 Maximum limit The maximum amount subscribed by an entity will not be more than 500 grams per person per fiscal year (April-March). A self-declaration to this effect will be obtained.
8 Joint holder In case of joint holding, the investment limit of 500 grams will be applied to the first applicant only.
9 Issue price Price of Bond will be fixed in Indian Rupees on the basis of simple average of closing price of gold of 999 purity published by the India Bullion and Jewellers Association Limited for the week (Monday to Friday) preceding the subscription period. The issue price of the Gold bonds will be ₹ 50 per gram less than the nominal value.
10 Payment option Payment for the Bonds will be through cash payment (upto a maximum of ₹ 20,000) or demand draft or cheque or electronic banking.
11 Issuance form The Gold bonds will be issued as Government of India Stock under GS Act, 2006. The investors will be issued a Holding Certificate for the same. The Bonds are eligible for conversion into demat form.
12 Redemption price The redemption price will be in Indian Rupees based on previous week’s (Monday-Friday) simple average of closing price of gold of 999 purity published by IBJA.
13 Sales channel Bonds will be sold through banks, Stock Holding Corporation of India Limited (SHCIL), designated Post Offices (as may be notified) and recognised stock exchanges viz., National Stock Exchange of India Limited and Bombay Stock Exchange, either directly or through agents.
14 Interest rate The investors will be compensated at a fixed rate of 2.50 per cent per annum payable semi-annually on the nominal value.
15 Collateral Bonds can be used as collateral for loans. The loan-to-value (LTV) ratio is to be set equal to ordinary gold loan mandated by the Reserve Bank from time to time.
16 KYC documentation Know-your-customer (KYC) norms will be the same as that for purchase of physical gold. KYC documents such as Voter ID, Aadhaar card/PAN or TAN /Passport will be required.
17 Tax treatment The interest on Gold Bonds shall be taxable as per the provision of Income Tax Act, 1961 (43 of 1961). The capital gains tax arising on redemption of SGB to an individual has been exempted. The indexation benefits will be provided to long term capital gains arising to any person on transfer of bond.
18 Tradability Bonds will be tradable on stock exchanges within a fortnight of the issuance on a date as notified by the RBI.
19 SLR eligibility The Bonds will be eligible for Statutory Liquidity Ratio purpose.
20 Commission Commission for distribution of the bond shall be paid at the rate of 1% of the total subscription received by the receiving offices and receiving offices shall share at least 50% of the commission so received with the agents or sub agents for the business procured through them.

Ajit Prasad
Assistant Adviser

Press Release : 2017-2018/58

Amendment to Tax Audit report Form-3CD for more details of loan/deposits/advances u/s 269SS, 269T-Corrigendum

Amendment to tax Audit report Form-3CD incorporating more details of loan/deposits/advances u/s 269SS, 269T effective from 19th July, 2017

Corrigendum: CBDT has issued a corrigendum for error in the notification. Click Here >>

Amendment to tax Audit report Form-3CD

Amendments in Form 3CD from 19-07-2017.

Text of the Notification after the Corrigendum

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)

Notification No. 58/2017

New Delhi, the 3rd July, 2017

G.S.R. 821(E).—In exercise of the powers conferred by section 44AB read with section 295 of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—

1. (1) These rules may be called the Income –tax (18 th Amendment) Rules, 2017.
(2) They shall come into force from the 19th day of July 2017.

2. In the Income-tax Rules, 1962, in Appendix II, in Form No. 3CD, for serial number 31 and the entries relating thereto the following shall be substituted, namely:—

“31. (a) Particulars of each loan or deposit in an amount exceeding the limit specified in section 269SS taken or accepted during the previous year :—

(i) name, address and Permanent Account Number (if available with the assessee) of the lender or depositor;

(ii) amount of loan or deposit taken or accepted;

(iii) whether the loan or deposit was squared up during the previous year;

(iv) maximum amount outstanding in the account at any time during the previous year;

(v) whether the loan or deposit was taken or accepted by cheque or bank draft or use of electronic clearing system through a bank account;

(vi) in case the loan or deposit was taken or accepted by cheque or bank draft, whether the same was taken or accepted by an account payee cheque or an account payee bank draft.

(b) Particulars of each specified sum in an amount exceeding the limit specified in section 269SS taken or accepted during the previous year:—

(i) name, address and Permanent Account Number (if available with the assessee) of the person from whom specified sum is received;

(ii) amount of specified sum taken or accepted;

(iii) whether the specified sum was taken or accepted by cheque or bank draft or use of electronic clearing system through a bank account;

(iv) in case the specified sum was taken or accepted by cheque or bank draft, whether the same was taken or accepted by an account payee cheque or an account payee bank draft.

(Particulars at (a) and (b) need not be given in the case of a Government company, a banking company or a corporation established by the Central, State or Provincial Act.)

(c) Particulars of each repayment of loan or deposit or any specified advance in an amount exceeding the limit specified in section 269T made during the previous year:—

(i) name, address and Permanent Account Number (if available with the assessee) of the payee;

(ii) amount of the repayment;

(iii) maximum amount outstanding in the account at any time during the previous year;

(iv) whether the repayment was made by cheque or bank draft or use of electronic clearing system through a bank account;

(v) in case the repayment was made by cheque or bank draft, whether the same was taken or accepted by an account payee cheque or an account payee bank draft.

(d) Particulars of repayment of loan or deposit or any specified advance in an amount exceeding the limit specified in section 269T received otherwise than by a cheque or bank draft or use of electronic clearing system through a bank account during the previous year:—

(i) name, address and Permanent Account Number (if available with the assessee) of the payer;

(ii) amount of loan or deposit or any specified advance received otherwise than by a cheque or bank draft or use of electronic clearing system through a bank account during the previous year.

(e) Particulars of repayment of loan or deposit or any specified advance in an amount exceeding the limit specified in section 269T received by a cheque or bank draft which is not an account payee cheque or account payee bank draft during the previous year:—

(i) name, address and Permanent Account Number (if available with the assessee) of the payer;

(ii) amount of loan or deposit or any specified advance received by a cheque or a bank draft which is not an account payee cheque or account payee bank draft during the previous year.

(Particulars at (c), (d) and (e) need not be given in the case of a repayment of any loan or deposit or any specified advance taken or accepted from the Government, Government company, banking company or a corporation established by the Central, State or Provincial Act)”.

[F. No. 370142/10/2017-TPL]

SALIL MISHRA, Director (Tax Policy & Legislation)

Note : The principal rules were published vide notification number S.O. 969(E), dated the 26th March, 1962 and last amended by Income-tax (17th Amendment) Rules, 2017 vide notification number G.S.R. 642(E), dated the 27th June, 2017.

Exemption to Goods or Services imported in SEZ from IGST – Three Notifications

Exemption to Goods or Services imported in SEZ from IGST. Two Notification has been issued granting exemption ane one rescinding earlier Notification

Exemption to Goods or Services imported in SEZ from IGST

MINISTRY OF FINANCE
(Department of Reveune)

Notification No. 64/2017- Customs

New Delhi, the 5th July, 2017

G.S.R. 833(E).—In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts all goods imported by a unit or a developer in the Special Economic Zone for authorised operations, from the whole of the integrated tax leviable thereon under sub-section (7) of section 3 of the Customs Tariff Act, 1975 (51 of 1975) read with section 5 of the Integrated Goods and Service Tax Act, 2017 (13 of 2017).

[F. No. DGEP/SEZ/09/2017]
DHARMVIR SHARMA, Under Secy.

Notification No. 17/2017 -Integrated Tax (Rate)

New Delhi, the 5th July, 2017

G.S.R. 834(E).—In exercise of the powers conferred by sub-section (1) of section 6 of the Integrated Goods and Service Tax Act, 2017 (13 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby rescinds, except as respects things done or omitted to be done before such rescission, the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 15/2017- Integrated Tax (Rate), dated the 30th June, 2017, published in the Gazette of India, Extraordinary, vide number G.S.R. 740 (E), dated the 30 th June, 2017.

[F. No. DGEP/SEZ/09/2017]
DHARMVIR SHARMA, Under Secy

Notification No. 18/2017 -Integrated Tax (Rate)

New Delhi, the 5th July, 2017

G.S.R. 835(E).—In exercise of the powers conferred by sub-section (1) of section 6 of the Integrated Goods and Service Tax Act, 2017 (13 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do and on the recommendations of the Council, hereby exempts services imported by a unit or a developer in the Special Economic Zone for authorised operations, from the whole of the integrated tax leviable thereon under section 5 of the Integrated Goods and Service Tax Act, 2017 (13 of 2017).

[F. No. DGEP/SEZ/09/2017]
DHARMVIR SHARMA, Under Secy.

Provisions of the Limitation Act not applicable to EPF & MP Act in the abscence of any legislative intent – High Court

Provisions of the Limitation Act not applicable to EPF & MP Act in the abscence of any legislative intent. These Act being Special Social Welfare Legislation designed to protect the interest of marginalized workmen-High Court

Limitation Act not applicable to EPF and MP Act

ABCAUS Case Law Citation:
ABCAUS 1285 (2017) (07) HC

Important Case Laws Cited/relied upon:
The Commissioner of Sales Tax, UP, Lucknow Vs. Prason Tools & Plants. Kanpur. (1975) 4 SCC 22
Nityanand M. Joshi & another Vs. LIC AIR 1970 SC 209
Minor Subir Rajan Mandal Vs. Sita Nath Mukherjee. AIR 1994 Calcutta 166
Sitaram Nanasa & others Vs. Chunnilalsa Bhagchandsa Kalal, AIR (31), 1944 Nagpur 155
The Bharat Bank Ltd.  Delhi Vs. The Employees of the Bharat Bank, 1950 (Supp.) SCCT 317.

Brief Facts of the Case:
This instant writ petition had been filed by the Regional Provident Fund Commissioner (RPFC) against two orders passed by the Employees Provident Fund Appellate Tribunal (the EPF Tribunal’).

The EPF Tribunal had overruled the objection of the RPFC that Section 14(2) of the Limitation Act, L963 (‘the Limitation Act’) is not applicable in a proceeding before the EPF Tribunal, therefore, the period spent in any proceeding before any other authority in the Organisation is not Lo be excluded for the purpose of treating the appeal within the time allowed by statute. The Tribunal had held that benefit of Section 14(2) of the Limitation Act is available to the establishment.

Observations made by the High Court:
It was observed that Like the Industrial Tribunal, the Tribunal constituted under the EPF & MP Act is not a Court, but discharges functions akin to Courts. There can not be any doubt that the EPF Tribunal exercises quasi judicial authority. It is a creature of statute and must act within the law which constituted it.

The Hon’ble High Court observed that there was sufficient indication in case law relied upon by the petitioner to support the conclusion that there is no inherent power in the authorities or lhe Tribunal to condone delay in presenting an appeal against an order passed under Section 14-B of the EPF & MP Act.

The High Court concluded that the EPF & MP Act being Special Social Welfare Legislation designed to protect the interest of marginalized workmen, the provisions of the Limitation Act could not be made applicable in the absence of any legislative intent. Furthermore, the Assessing Authority and the Tribunal are not Courts of law and therefore, the provisions of Section 14 of Limitation Act are not applicable to them.

Held:
The petition was accepted and the impugned order of the EPF Tribunal was set aside.

Limitation Act not applicable to EPF and MP Act
Download Full Judgment

GST Facilitation Cell of Ministry of Corporate Affairs. MCA constitutes 8 members cell for resolving queries

GST Facilitation Cell of Ministry of Corporate Affairs. MCA has constituted 8 members cell for resolving queries. Cell shall work all working days 9AM to 5:30PM

GST Facilitation Cell of Ministry of Corporate Affairs

F. No.32/1/2017- R&A
R&A Division
Government of India
Ministry of Corporate Affairs

5th Floor, A-Wing, Shastri Bhawan
Dr. Rajendra Prasad Road, New Delhi-110001.

Dated: 03/07/2017

OFFICE MEMORANDUM

Subject: Constitution of  GST Facilitation  Cell of  Ministry of  Corporate Affairs (MCA)

The Undersigned is directed to state that a GST Facilitation Cell has been constituted under Dr. Mohan Chutani, Economic Adviser, Ministry of Corporate· Affairs (MCA). The GST Facilitation Cell will aim to ensure smooth and successful roll out of GST and will be in touch with all stakeholders as well as professional institutes and industry associations.

2. The composition of the GST facilitation cell will be as under :

S.No. Name Designation
1 Dr. Mohan Chutani Economic Adviser
2 Sh. Rakesh Tyagi Director
3 Sh. J.S. Audhkhasi Deputy Secretary
4 Sh. G. Vaidheeswaran Deputy Secretary
5 Sh. Manmohan Juneja Joint Director
6 Sh. P.C. Guravaiah Joint Director
7 Ms. Divya Sharma Assistant Director
8 Ms. Anju Sagar Scientist-D


3. The Cell will be functional on all working days between 09:00AM to 05:30 PM and queries related to GST can be sent on gstcell@mca.gov.in.

4. This issues with approval of Secretary,

(Divya Sharma)
Assistant Director

Award Schemes of Income Tax Department on Income Tax Day Celebration 24th July

Award Schemes of Income Tax Department on Income Tax Day Celebration 24th July. Finance Ministers Award for employees for inovation and special efforts

Award Schemes of Income Tax Department

GOVERNMENT OF INDIA
DIRECTORATE OF INCOME TAX
HUMAN RESOURCE DEVELOPMENT CENTRAL
BOARD OF DIRECT TAXES
ICADR Building, Plot No. 6, Vasant Kunj Institutional Area Phase-II,
New Delhi — 110070. Ph. 26130599, Fax 26130598.

F. No. /HRD/PM/425/2/2017-18                                                                                                                   06/07/2017

To All Principal CCsIT/Pr DGsIT

Sir/Madam

Sub – Award Scheme in the Income Tax Department – Celebration of Income Tax Day – 24th July — reg

The CBDT has devised three Award scheme for the IT employees to be awarded on three different occasions in a year,which are:-

a) Presidential Medal for Meritorious Service on the occasion of Republic Day
b) Finance Minister’s Award on Income Tax Day i.e. 24th July
c) Chairman’s Certificate of Appreciation on the occasion of Independence Day

2. The above mentioned Award schemes are at various stages of approval. Since we are going to celebrate 24th July as Income Tax Day therefore in anticipation of approval, you are requested to send nominations of deserving employees of the department. As soon as Scheme shall be approved it shall be uploaded in irsonline however in the meantime nominations may be send on the following basis: –

3. All recommendations for the grant of ‘Finance Minister Award’ shall be made by the Principal Chief Commissioner or Principal Director General concerned on the recommendations of the respective Head of the Department. All recommendations will be screened by a committee duly notified by Principal Chief Commissioner or Principal Director General of each Region/Directorate for this purpose. In committee include the representative of IRS Association, ITEF and ITGOA. The same committee should screen all three categories of award so that there should not be overlapping and an employee should not get more than one award in a year.

4. The Award would be conferred upon selected employees at the All India Level in different grades who, by their innovative ideas and special efforts as well as sustained devotion and commitment to duty, have contributed to promoting excellence in the field of Direct  Taxation  and/or  substantial  or  potential  benefit  to  the  Department  and  the Government.   The objective  is to give due recognition to employees  who  have made exceptional efforts and contributed significantly in diverse areas of direct tax administration such as 

  • Tax payer  services  and  facilitation/communication,  including  ease  of  doing business and grievance redressal;
  • Designing and re-engineer ing of business processes including automation;
  • Enforcement , including tax assessment , investigation , recovery and prosecution ;
  • Widening of tax base;
  • International taxation and transfer pricing;
  • Litigation management and judicial functions ;
  • Audit functions and improving accountability ;
  • Infrastructure development ;
  • Human resource development , including training and capacity building;
  • Policy making and Secretariat

5. The awards would comprise a medal and a citation/certificate and would be announced in respect of every financial year , on the 24th day of July immediately succeeding the said financial year

6. The Award would be conferred upon an employee , who has rendered high levels of meritorious service, as reflected in the ACRs/APARs , and/or other evidence/manifestations of the same through reported items of work , letters of appreciat ion, specific remarks of devotion to duty in reports, or other communications of appreciation of specific instances of outstanding performance that may have been received from any person by the supervisory officers of the employee.

7. Recommendations for Award will be made in respect of only such employee(s) who are clear from vigilance angle and have excellent APAR  grading .  Proposal of awards to only such employees will be considered whose record of service integrity is absolutely beyond doubt. At the time of sponsoring the names itself, the sponsoring authority should satisfy itself that the employee is really a deserving candidate for the award and also enjoys an excellent general reputation.

8. In the description of significant contribution made, the role of  individual employee  must be clearly  brought out as distinct from that of the organization  or team that the employee was a part of.  Details of cases where the employee has played a prominent role should be mentioned  separately  indicating  the  precise  role  played  by the  employee .  No employee who  is being considered  for  any  certificate will  be a part of the  aforesaid  screening committee.

9. The Committee at the level of CCIT/Pr.DGIT will finalize its recommendations and send the same to the Central Committee by the 13th of July as time is very limited for this year.

10. A Central Committee constituted by the Chairman, CBDT, with DGIT (HRD)as Member Secretary will screen and short-list the nominations from  each  of  the  Principal Chief Commissioners or Principal Directors General of Income Tax of different Regions.

11. After screening of the candidates, the Central Committee may recommend deserving cases for the awards and submit its recommendations to the CBDT for While making these  recommendations , the  Committee  may  also examine  cases  of employees with outstanding devotion to duty that are brought to its knowledge in addition to the recommendations made from Regional Levels.

12. The CBDT shall consider all cases in which Award are proposed to be awarded as per the recommendations  of  the  Central  Committee  and  may  recommend the same for approval of the Hon’ble Finance Minister by 18th of July.

13. The number of Finance Minister Awards in one year shall not exceed twenty-five but the Government would have the discretion to increase the number in any year if the circumstances so warrant.

14. In view of the above it is requested that a committee may be constituted in each Pr CCsIT/ Pr DGsIT immediately as suggested above and send nominations by 13th of July positively as we have very limited time for this.

15. Kindly treat it most

16. This issues with the approval of the Member (P&V), CBDT.

Yours faithfully

(Manoj Kumar)
ADG-1 HRD, CBDT Delhi
manoj.kumar6@incometax.gov.in