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    Perquisite valuation of employer provided motor car treats engine capacity, driver cost, recoveries and private use depreciation.
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    Gratuity exemption under Section 10(10)(i) remains available even if retiree accepts private sector employment after retirement.
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    The Authority for Advance Rulings lacks jurisdiction to reconsider or review its own ruling absent a substantiated mistake of law or fact or a mistake apparent from the record warranting rectification or amendment under the procedural regulations; however, a previously announced ruling may be declared void ab initio if it is shown to have been obtained by fraud or misrepresentation of facts.
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    Writ remedy against advance rulings where no statutory appeal exists; seek High Court review under constitutional writ jurisdiction.
    No statutory appeal exists against orders of the Advance Ruling Authority; the available remedial route is a writ petition invoking constitutional writ jurisdiction in the appropriate High Court. The Supreme Court has indicated parties should approach the High Court rather than seek direct original jurisdiction at the apex court, and courts are urged to allocate and expedite fiscal writ matters.
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    Appeal on new grounds barred where party lacks aggrievement; omitted issues may be raised later upon arising.
    An appellant cannot maintain an appeal on entirely new grounds if the assessing or appellate authority has approved the assessee's classification or fully allowed the revenue's prayer, because there is no aggrievement; however, issues not considered by the tribunal may be agitated later when a cause of action arises.
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    Only the private operators against whom tax notices are issued possess the requisite standing to challenge those notices; third parties lack authority to prosecute appeals or writs on their behalf, and challenges must be instituted by the directly aggrieved parties through the statutory remedy, who may then raise all issues available to them in accordance with law.
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    When an appeal has been rejected by the Tribunal there is no scope for entertaining an application for restoration by filing a fresh appeal in respect of the same order; similarly, once a Tribunal order has become final for lack of further appeal, the finality of orders precludes fresh appeals challenging that same order.

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      Empowering Investors: SEBI's New Framework for Enhanced Trading Account Security

      16 January, 2024

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      Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2024/4 - Dated: 12-1-2024 - Ease of Doing Investments by Investors- Facility of voluntary freezing/ blocking of Trading Accounts by Clients

      The SEBI Circular, referenced as SEBI/HO/MIRSD/POD-1/P/CIR/2024/4 and dated 12th January 2024, introduces significant changes aimed at enhancing the safety and ease of doing investments for investors in India. This circular is addressed to all recognized stock exchanges and registered trading members.

      The key issue addressed in this circular is the enhancement of security measures for trading accounts, specifically focusing on the facility for voluntary freezing or blocking of these accounts by clients. This measure is akin to the existing facility for blocking ATM and credit cards, and similar to the voluntary blocking/freezing option available for demat accounts.

      Key Points and Submissions

      1. Background and Need for Change: The shift from traditional call-and-trade methods to online trading has led to concerns over suspicious activities in trading accounts. Investors currently lack the facility to freeze or block their trading accounts in response to such activities.

      2. Proposal for Change: In consultation with the Brokers’ Industry Standards Forum (ISF), SEBI has decided to implement a framework for trading members to provide a voluntary account freezing/blocking facility to their clients. This is to be established by April 1, 2024.

      3. Details of the Policy: The policy will encompass:

        • Modes through which clients can request the blocking of their trading accounts.
        • Process for acknowledging these requests.
        • Timeframe for processing such requests and implementing the account freeze/block.
      4. Implementation and Compliance: Stock exchanges are required to ensure that the guidelines are implemented by July 1, 2024. They must also establish appropriate reporting requirements for trading members and submit a compliance report to SEBI by August 31, 2024.

      5. Obligations for Stock Exchanges: They are advised to take necessary steps for the implementation, make necessary amendments to their rules and regulations, and disseminate information about this new facility to trading members and on their websites.

      6. Legal Basis: The circular is issued under the powers conferred by Section 11(1) of the Securities and Exchange Board of India Act, 1992, and Regulation 30 of SEBI (Stock Brokers) Regulations, 1992.

      Implications and Impact

      • Investor Empowerment: This move significantly empowers investors, giving them more control and security over their trading accounts.
      • Prevention of Fraudulent Activities: The ability to quickly freeze or block an account can prevent potential fraudulent transactions.
      • Ease of Doing Business: This initiative aligns with the broader goal of enhancing the ease of doing business and investments in the Indian securities market.

      Conclusion

      The SEBI's new circular marks a crucial step towards safeguarding investors' interests in the digital age of trading. It reflects SEBI’s commitment to continuously evolving and enhancing the security and convenience of the investment environment in India.

      This article can further be enriched with insights from recent cybersecurity trends in financial markets, comparisons with global practices in trading account security, and expert opinions on the effectiveness of such measures.

       


      Full Text:

      Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2024/4 - Dated: 12-1-2024 - Ease of Doing Investments by Investors- Facility of voluntary freezing/ blocking of Trading Accounts by Clients

      Topics

      ActsIncome Tax