OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-I) MUMBAI ZONE-II, JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TALUKA: URAN, DISTRICT RAIGAD, MAHARASHTRA-400707. F. No. S/22-Gen-402/2017-18/AM(I)Part-I Dated : 13.01.2020 PUBLIC NOTICE NO. 06/2020 Subject: Attention of the importers, exporters, Customs Brokers and all other stakeholders is invited to the CBIC Circular No. 02/2020-Customs dated 10.01.2020 on the subject matter of levy of Social Welfare Surcharge (SWS) on imports ma... ... ...

SHRI SANDEEP GOSAIN, JM AND SHRI RATHOD KAMLESH JAYANTBHAI, AM For the Assessee : Shri Shrawan Kumar Gupta Advocate For the Revenue : Mrs. Monisha Choudhary, Addl. CIT ORDER PER: SANDEEP GOSAIN, JM: Both these appeals have been filed by the assessee against two different orders of the ld. CIT(A) dated 17.10.2023, National Faceless Appeal Centre, Delhi [hereinafter referred to as (NFAC)] for the assessment years 2018-19 & 2019-20 respectively wherein the assessee has raised the fol... ... ...

Hon'ble Judges M.S. Joshi, J. For Appellant : B.R. Maheshwari, Suresh Sethi, K.N. Kataria and B.R. Bhatia, Advs JUDGMENT M.S. Joshi, J. (1) This suit was instituted on 14-12-1973 by Madhav Trading Company, a partnership firm carrying on business at Calcutta, against the Union of India, (defendant No. 1), Salzgitter Stahl Gmbh, a West German Company (defendant No. 2) and Madhav Trading Company, a partnership firm carrying on business of Rs. 1,06,999.86. It was alleged by the plain... ... ...

Employee appointment requires declarations of fidelity, secrecy, domicile, and acceptance of the Employees' Service Regulations. Employees undertake to perform duties faithfully and must not disclose Authority-related information or information concerning persons dealing with the Authority to unauthorised persons. They must prevent unauthorised access to relevant Authority books and documents. Employees must declare their domicile and, where it differs from their place of birth, state the reasons. They must also agree to be bound by the service regulations as in force from time to time.

Appointment and disciplinary functions are allocated for Executive Directors, Officers and Multi-Tasking Staff. The Authority appoints Executive Directors, the Chairperson appoints Officers, and the Executive Director appoints Multi-Tasking Staff. Disciplinary authority differs by penalty: minor and major penalties are assigned respectively to the Chairperson and Authority for Executive Directors, the Executive Director and Chairperson for Officers, and the Division Chief and Executive Director for Multi-Tasking Staff.

Recruitment to Executive Director and Grades A to F operates through promotion, deputation, contract appointment and, ordinarily for Grade A, direct recruitment. Grade-specific age limits, qualifications, experience and stream-wise eligibility apply to general, legal, research, information technology, engineering and official language posts. Selection committees include internal and external members, while deputation terms are settled with the lending organisation. Age, qualification and experience requirements may be relaxed on recorded reasons. Reservation and concessions follow Central Government directions, and eligible initial appointees must meet medical fitness and antecedent-verification requirements.

Any interpretative doubt concerning the International Financial Services Centres Authority (Employees' Service) Regulations, 2026, must be referred to the Chairperson or to another authority specified by the Chairperson. The Chairperson's decision on the referred matter is final, giving conclusive effect to the resolution of interpretative uncertainty under the regulations.

Regulation 116 repeals the 2020 employee service framework from commencement and modifies the service conditions of existing whole-time employees under the 2026 framework. Actions taken under the repealed framework are treated as having been taken under corresponding provisions of the 2026 framework. Accrued appeal rights available before commencement remain protected.

Employee declaration requirements require every whole-time employee of the Authority to subscribe to declarations in Forms A to C contained in the Appendix. The obligation operates as the default requirement for the Authority's whole-time employees unless otherwise specified. Subscription must be made through the prescribed Appendix forms in each case, subject to an express variation of that requirement where the applicable requirements so provide.

Employees must subscribe to insurance schemes or funds instituted for employees and their families and comply with their governing rules. Mandatory subscription does not reduce otherwise admissible superannuation benefits. An employee need not subscribe where an exemption applies under the rules governing the relevant insurance scheme or fund.

Whole-time employees joining the Authority must, unless the regulations otherwise specify, become members of the IFSCA New Pension Scheme from their date of joining. Membership is automatic upon entry into service and subjects each such employee to the Scheme's provisions.

Gratuity is payable on retirement, death, medically certified disablement, resignation after five years of continuous service, and non-punitive termination after five years. Employees with less than five years of continuous service receive gratuity under the Code on Social Security, 2020. The Authority may specify gratuity for employees completing ten years of service, but the amount cannot be below the Code entitlement. It may create a gratuity trust and withhold gratuity during pending proceedings, subject to their outcome and recoveries.

Deputation and external assignment of an Authority employee to serve under another employer may be permitted on terms and conditions specified by the Competent Authority. Such placement cannot be imposed against the employee's will. Deputation is prohibited during the first ten years of employment unless otherwise decided in accordance with the applicable deputation policy.

Regulation 110 permits the Authority to allow its employees to be deputed to military service. Such permission is discretionary and subject to terms and conditions determined by the Authority for each employee and the relevant military-service deputation.

Travelling and halting allowances for employees are payable at rates and on terms and conditions approved by the Competent Authority from time to time. Applicable payment rates and conditions may therefore be determined and revised periodically through the approval-based framework.

Medical aid facilities must be provided to employees and eligible dependents for illness, accident-related injuries, hospitalisation, and domiciliary treatment under applicable guidelines. Comprehensive health insurance may additionally cover all employees and their dependents, subject to terms and conditions determined by the Authority. This insurance option operates alongside the general medical aid framework.

Vigilance-case procedures apply to alleged corrupt practices, including disproportionate assets, criminal misconduct, improper purpose, and corrupt exercise or non-exercise of powers. Investigation may be entrusted to an approved external agency with the Chairperson's approval. Where a prima facie case emerges, advice may be sought on disciplinary proceedings, and the inquiry may be conducted by a specially nominated officer. The Inquiry Officer's report is considered with advice on the charges and appropriate penalty, after which the Competent Authority determines the penalty.

Regulation 106 confers a power to relax time limits and condone delay on an authority competent to make an order. Unless an express contrary provision applies, the authority may extend a prescribed period for an act required to be done where good and sufficient reasons exist or sufficient cause is shown.

Service of orders, notices and other processes under the International Financial Services Centres Authority (Employees' Service) Regulations, 2026 must be effected personally on the concerned employee or communicated to her by registered post. The provision establishes authorised modes for serving communications in conduct, discipline and appeals matters.

Regulation 104 permits review of an order where new material or evidence, unavailable or incapable of production when the order was made, comes to notice and is capable of changing the nature of the case. A penalty cannot be imposed or enhanced on review without giving the employee a reasonable opportunity to represent. A major penalty, including enhancement of a minor penalty to a major penalty, requires a prescribed enquiry where no prior enquiry has been held.