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For an NBFC, the reversed or lapsed portion of input tax credit attributable to capital goods may be included for depreciation purposes under the Income-tax Act. The stated view is that prior availment of eligible credit followed by its monthly reversal under Rule 38 does not preclude depreciation on the reversed portion, subject to the restriction relating to depreciation and input tax credit.

2003 (12) TMI 690
Case Laws Central Excise
Review petition merit requirement: Central Excise review was dismissed after the petition and connected papers disclosed no merit.
Merit in a civil review petition concerning Central Excise was not found after consideration of the petition and connected papers, resulting in dismissal. No underlying Central Excise issue, review ground, statutory provision, or broader legal principle is identified. The dismissal records only the absence of merit in the particular review petition.

2003 (10) TMI 710
Case Laws Central Excise
Central excise appellate interference declined, with the civil appeal dismissed without stated reasons or substantive legal analysis.
Supreme Court declined to interfere in a central excise civil appeal and dismissed the appeal without recorded reasons. No legal issue, statutory provision, factual basis, or interpretative principle was articulated. The operative result is limited to dismissal of the civil appeal, with no stated basis capable of establishing a broader rule on central excise or appellate review.

Circular No. PUBLIC NOTICE NO. 25/2020 Dated:- 21-2-2020 Trade Notice Dated:- 21-2-2020 Trade Notice
Customs clearance operates on a 24x7 basis through import facilitation centres, export parking plazas, extended Assessment Group working and continuous preventive staffing at port-terminal gates, container freight stations and the boarding office. Assessment, examination, Out of Charge and laboratory operations may be extended to address congestion, delays or operational surges, with implementation treated as a Standing Order for officers.

Risk Management
Act Rules Indian Laws
Schedule 4 of the International Financial Services Centres Authority (Pension Fund) Regulations, 202...
Each Pension Fund must maintain a formal risk management framework integrated with Scheme governance. It must identify, assess, mitigate, monitor and report risks throughout the investment lifecycle, with oversight by the Compliance Officer and reporting to senior management or the Board. Controls must address market, credit, liquidity, operational and compliance risks through diversification, hedging, liquidity buffers, internal controls, audits and legal compliance reviews. Regular stress testing and scenario analysis must assess resilience under adverse conditions and support corrective measures, including portfolio rebalancing, additional hedging, increased liquidity and contingency planning.

Schedule 3 of the International Financial Services Centres Authority (Pension Fund) Regulations, 202...
Schedule 3 prescribes permissible portfolio allocations and concentration limits for pension fund schemes. Corporate bond investments are subject to rating, downgrade-remediation and allocation requirements, while high-yield bonds require credit analysis. Equity allocations are governed by domestic large-cap, mid- and small-cap limits and foreign-market diversification. Alternative investments are subject to an aggregate portfolio cap and category-specific limits. Issuer, counterparty, industry, equity holding and term-deposit limits restrict concentration risk, with government securities excluded from the single-issuer limit.

1995 (2) TMI 482
Case Laws Central Excise
Admission of central excise civil appeal declined, causing dismissal without any stated merits determination or reasoning.
Admission of the central excise civil appeal was declined by the Supreme Court after hearing counsel for the Collector of Central Excise. The appeal was consequently dismissed at the admission stage. No substantive reasons, statutory interpretation, or determination of a central excise issue is stated. The dismissal records only refusal of admission, without a stated merits analysis.

Healthcare benefit option
Act Rules Indian Laws
Schedule 2 of the International Financial Services Centres Authority (Pension Fund) Regulations, 202...
Healthcare benefit option requires a separate Healthcare Sub-Account, segregated from main pension contributions, for voluntary Subscriber contributions. Prior approval is required, and Subscriber contributions to the sub-account cannot exceed ten percent of total contributions. Funds must be invested in low-risk, highly liquid portfolios and used only for authorised hospital expenses. They may be accessed before retirement for healthcare needs, while unused retirement balances may fund health insurance or be rolled into the main pension corpus.

Fit and proper requirements
Act Rules Indian Laws
Schedule 1 of the International Financial Services Centres Authority (Pension Fund) Regulations, 202...
Fit and proper eligibility requires fairness and integrity, including financial integrity, good reputation, character, and honesty. Disqualifications include convictions or pending proceedings for specified offences, regulatory recovery or malfeasance orders, undischarged insolvency, financial-market restraints, material recent regulatory orders, unsoundness of mind, financial unsoundness, wilful default, fugitive economic offender status, and other disqualifications specified by the Authority.

Overriding effect
Act Rules Indian Laws
Regulation 49 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
Regulation 49 gives overriding effect to the International Financial Services Centres Authority (Pension Fund) Regulations, 2026 from commencement. Pension Fund Regulatory and Development Authority regulations do not apply to Authority-approved pension schemes insofar as they conflict with these regulations. Their application is preserved where no inconsistency exists.

Delegation of powers
Act Rules Indian Laws
Regulation 48 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
Delegation of powers permits every power exercisable by the Authority under the Pension Fund Regulations to be exercised also by an officer when that power has been delegated to the officer. Exercise by an officer is contingent on delegation by the Authority and extends only to the delegated powers. The provision establishes an internal mechanism for authorised officers to exercise delegated regulatory powers.

Regulation 47 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
Pension Funds must maintain a robust cyber security and cyber resilience framework conforming to requirements specified by the Authority from time to time. Compliance is responsive to evolving regulatory standards and links the adequacy of cyber security and resilience arrangements to prescribed requirements.

Regulation 46 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
The Authority may issue directions, clarifications, guidance notes, or subsidiary instructions to address difficulties in the interpretation or application of the Pension Fund Regulations and support their consistent implementation.

Power to specify procedures
Act Rules Indian Laws
Regulation 45 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
Regulation 45 empowers the Authority to issue subsidiary instructions from time to time specifying norms, procedures, processes and additional requirements for implementing the Pension Fund Regulations and addressing matters incidental to their operation. This delegated procedural power permits supplementary directions concerning implementation and incidental matters, allowing the regulatory framework to be operationalised through specified norms, processes and requirements where needed.

Power to call for information
Act Rules Indian Laws
Regulation 44 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
The Authority may require information, documents or records from a Pension Fund, Trustee, Custodian, or any other person associated with the pension ecosystem in the International Financial Services Centre. This serves as a regulatory information-gathering mechanism for pension fund oversight.

Regulation 43 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
The Authority may relax strict enforcement of regulatory provisions where this supports development of the pension ecosystem in an International Financial Services Centre, with reasons recorded in writing. Applicants must provide the details and grounds for relaxation and pay the specified non-refundable fee. Complete applications must be processed within sixty days of receipt or receipt of requested clarifications. Acceptance or refusal must be supported by written reasons.

Action in case of default
Act Rules Indian Laws
Regulation 42 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
Action may be initiated where a Pension Fund, Custodian, or person associated with pension-related activities in an International Financial Services Centre contravenes applicable regulatory requirements or subsidiary instructions. Before action is taken, the affected Pension Fund, Custodian, or other associated person must receive a reasonable opportunity to be heard through written submissions.

Inspection and investigation
Act Rules Indian Laws
Regulation 41 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
Inspection and investigation powers permit the Authority, on its own initiative or on information or complaint, to inspect records, documents, infrastructure, procedures and systems of pension funds, custodians, trustees, and other pension-ecosystem participants. The powers support compliance, subscriber protection, and other purposes considered appropriate, and include authority to conduct investigations.

Regulation 40 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
Each Scheme's assets and liabilities must be valued daily at market prices using methodologies fully disclosed and documented by the Pension Fund. Net Asset Value per unit must be calculated and declared daily by deducting total liabilities from total asset value and dividing the balance by outstanding units. Valuation functions may be carried out by a valuer registered with the Insolvency and Bankruptcy Board of India or the Authority, or another person specified by the Authority.

Regulation 39 of the International Financial Services Centres Authority (Pension Fund) Regulations, ...
Pension Funds must obtain prior approval before levying fees or charges on Subscribers. Charges may include account-opening charges, annual maintenance charges, investment-management fees calculated as a percentage of assets under management, and transaction charges. Complete details of all proposed fees and charges must be disclosed to Subscribers through the Scheme Information Document and other relevant documents.

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