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Regulation 71A of the International Financial Services Centres Authority (Employees' Service) Regula...
Employee participation in auctions conducted by the Authority for sale of movable or immovable property pursuant to recovery proceedings is prohibited. The restriction applies to both direct and indirect participation.
Section 50 computation fiction permits long-term capital loss set-off against gains from long-term depreciable assets.
Section 50 deems capital gains on transfer of depreciable assets to be short-term only for computing those gains. The deeming fiction does not change the underlying character of a depreciable asset held for more than three years as a long-term capital asset. Accordingly, under Section 74, brought-forward long-term capital loss may be set off against the capital gain computed under Section 50 on transfer of such a long-term depreciable asset.
Regulation 71 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must not misuse their official position in dealings with outside agencies, market intermediaries or the public. Official clarifications should ordinarily be communicated in writing. Office facilities and official letterheads must not be used to seek allotment of shares or securities for family members, friends or associates. Employees must avoid activities, favours or physical facilities that may compromise integrity and fairness in performing official duties. Use of official position for personal favour for oneself, family members, relatives or friends is strictly prohibited.
Jury verdict review permits independent evidence assessment where material misdirection undermines a criminal acquittal on reference.
Section 307 CrPC permits a Sessions Judge to refer a jury acquittal where no reasonable body could have reached that verdict on the evidence, with recorded reasons. On a competent reference, the High Court independently evaluates the entire evidence, giving due weight to both the judge and jury, and may disregard a verdict affected by material misdirection, non-direction, perversity, or conflict with the weight of evidence. Where accident is pleaded, the charge must address the statutory presumption and special burden under Section 105 of the Evidence Act. Grave and sudden provocation requires loss of self-control in a reasonable person and excludes calculated conduct after time for passion to cool.
Regulation 70 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must obtain prior sanction from the competent authority before soliciting or accepting contributions or participating in the raising of funds or other collections. The restriction applies to collections in cash or kind and operates irrespective of the purpose for which the funds are sought.
Regulation 69 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Regulation 69 prohibits an employee from joining or continuing membership in an association whose objects or activities prejudice the interests of the Authority, India's sovereignty and integrity, public order, or morality.
Regulation 68 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee demonstrations are prohibited where an employee engages in or participates in conduct prejudicial to the interests of the Authority, India's sovereignty and integrity, State security, friendly relations with foreign States, public order, decency or morality. The prohibition also extends to demonstrations involving contempt of court, defamation, or incitement of an offence.
Regulation 67 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees are prohibited from private borrowing, lending, securities dealings and guarantees that create financial obligations or conflicts involving brokers, moneylenders, subordinate employees, constituents, or persons and entities dealing with the Authority. Borrowing by dependent family members from such persons is also restricted. Private guarantees or indemnities require prior permission of the competent authority. Employees may obtain loans from a cooperative credit society of which they are members and may stand surety for another member's loan from that society.
Regulation 66 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must declare assets and liabilities on joining, where applicable on continuation in service, and annually. Immovable-property transactions in the employee's or a family member's name require prior knowledge of the competent authority, while transactions with persons having official dealings require prior sanction. Movable-property transactions above the specified value must be reported within the prescribed period, with prior sanction required for dealings with such persons. A complete property statement, including acquisition sources, may also be required.
Regulation 65 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees are prohibited from engaging in badla trading or from trading or speculating in stocks, shares, securities or commodities. An employee with unpublished price-sensitive information must not encourage another person to deal in the related securities. In allegations of insider trading, the employee bears the onus of proving absence of insider trading.
Regulation 64 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee investment restrictions prohibit direct or indirect investments in equity and equity-related instruments, including convertible debentures and warrants. Exceptions permit units of mutual funds, non-convertible bonds, non-convertible debentures, and rights issues relating to shares already held by the employee. Coverage includes employee investments, guardian-managed investments of dependent children or other wards, and specified family investments made from money received from the employee.
Regulation 63 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Private trading restrictions prohibit employees from engaging in commercial business on their own account or as agents for others. Employees must not act as agents for insurance companies or participate in the formation or management of joint-stock companies. Canvassing in support of an insurance or commission agency operated or managed by a family member constitutes a breach.
Section 87A rebate extends to Section 111A short-term capital gains where no express statutory exclusion applies.
Section 87A rebate is available against income-tax on total income, including tax on short-term capital gains subject to the special rate under Section 111A for taxpayers governed by Section 115BAC(1A). The applicable provisions contain no express exclusion of such gains from the rebate. By contrast, the specific restriction on rebate for long-term capital gains under Section 112A cannot be applied to short-term capital gains by implication. A later prospective restriction relating to special-rate income does not affect the position for the relevant assessment year.
Rebate on tax liability computed on total income extends to short-term capital gains taxed at special rates. The rebate provision does not distinguish between income taxed at normal rates and such gains, while the special-rate provision and the optional tax-regime provision contain no express exclusion. Consequently, inclusion of short-term capital gains in total income does not, by itself, prevent the taxpayer from claiming the rebate against tax payable on those gains.
Regulation 62 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must not solicit or accept gifts, or permit family members or representatives to accept them, from persons with actual or likely official dealings or subordinate employees. Gifts include free transport, boarding, lodging, services and other pecuniary advantages, subject to stated exclusions. Gifts from near relatives or personal friends without official dealings may be accepted on customary occasions, subject to reporting above Rs 25,000; other gifts above Rs 5,000 require Authority sanction. Giving, taking, abetting, or demanding dowry is prohibited.
Regulation 61 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Absence from station overnight by an employee requires prior sanction from the employee's superior where the competent authority so requires, as part of the conduct, discipline and appeals framework.
Regulation 60 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must obtain prior permission before absence from duty and must submit a medical certificate for sickness or accident, subject to discretionary waiver for temporary indisposition. Unauthorised absence or leave overstay may result in loss of pay and allowances, disciplinary action, and treatment of the period as extraordinary leave unless satisfactorily justified by circumstances beyond the employee's control. Habitual lateness may lead to forfeiture of casual leave, with the relevant period treated as ordinary or extraordinary leave where no casual leave is available.
Regulation 59 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Part-time work for a private or public body or private person, and acceptance of related fees, requires prior sanction from the competent authority. Sanction is available only in exceptional cases where the work will not detrimentally affect official duties and responsibilities. The competent authority may require fees received from the approved work to be paid wholly or partly to the Authority.
Regulation 58 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Seeking to influence in service matters is prohibited. No employee may bring or attempt to bring political or other outside influence upon a superior authority to advance the employee's interests in matters relating to service in the Authority. The prohibition operates within the conduct, discipline and appeals framework governing employees.
Regulation 57 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees require prior approval from the competent authority before giving evidence in connection with an enquiry conducted by any person, committee or authority. An employee permitted to give such evidence must not criticise the policy or actions of the Central Government, a State Government or the Authority. Prior approval is not required for evidence before specified government-appointed authorities, judicial enquiries, or departmental enquiries ordered by the competent authority.