RBI develops escalation matrix for redressal of complaints of SGB investors

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The Reserve Bank of India (RBI) has drawn up an escalation matrix for redressal of customer complaints of investors of Sovereign Gold Bond (SGB).

The central bank said nodal officer/s of the Receiving Office (RO), which include public sector banks and some private sector banks, will be the first point of contact for attending to the queries/complaints of their customers.

In case the issue is unresolved, an escalation matrix at the ROs will be used to resolve customer grievance.

“The investor may approach Reserve Bank of India at sgb@rbi.org.in if no reply is received from the RO within a period of one month of lodging the complaint or the investor is not satisfied with the response of the RO,” RBI said in a statement.

SGBs are government securities denominated in grams of gold. They are substitutes for holding physical gold.

Investors have to pay the issue price in cash and the bonds are redeemed in cash on maturity. The bond is issued by RBI on behalf of the Union government.

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RBI streamlines process for redressal of complaints related to Sovereign Gold Bond, BFSI News, ET BFSI

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Mumbai: The Reserve Bank on Thursday said it has streamlined the process for redressal of investors complaints related to Sovereign Gold Bond to make it more effective. The sovereign gold bond scheme was launched in November 2015 to reduce the demand for physical gold and shift a part of the domestic savings — used for the purchase of gold — into financial savings.

To streamline the customer complaint handling process and make it more effective, the RBI said the nodal officer of the Receiving Office (RO) will be the first point of contact for attending to the queries/ complaints of their customers.

Receiving Offices refer to banks, Stock Holding Corporation of India Limited (SCHIL), designated Post Offices, and recognised stock exchanges (NSE and BSE).

In case the issue is unresolved, an escalation matrix at the ROs will be used to resolve customer grievance, the Reserve Bank said.

“The investor may approach Reserve Bank of India at sgb@rbi.org.in if no reply is received from the RO within a period of one month of lodging the complaint or the investor is not satisfied with the response of the RO,” the central bank said.

The price of the bond is fixed in Indian Rupees based on a simple average closing price of gold of 999 purity, published by the India Bullion and Jewellers Association Limited for the last 3 working days of the week preceding the subscription period.

Sovereign Gold Bond is denominated in multiples of gram (s) of gold with a basic unit of 1 gram. The tenor of the bond will be for eight years with an exit option after the 5th year to be exercised on the next interest payment dates.

The minimum permissible investment is 01 gram of gold. The maximum limit of subscription is 4 KG for individuals, 4 Kg for HUF and 20 Kg for trusts and similar entities per fiscal (April-March).



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Time taken to admit a case to NCLT needs to come down, says RBI Governor

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Reserve Bank of India (RBI) Governor Shaktikanta Das on Thursday said there is scope for improvement in the Insolvency and Bankruptcy Code (IBC) so that the time taken to admit a case to the National Company Law Tribunal (NCLT) is reduced.

In this regard, there is perhaps need for certain legislative amendments also, Das said in an interaction with Financial Times – Indian Express.

The RBI has made some suggestions to the government on the same.

“For example, it takes a lot of time to admit a case to the NCLT. So, can we deal with this issue through some legal amendments…. So, there is scope for some improvement. And the time taken in the whole process needs to be reduced by simplifying certain procedures,” the Governor said.

Average recovery and haircut

On lenders taking almost 90 per cent haircut in some of the IBC resolutions, Das observed that while the percentage of recovery is an important factor, the primary objective of the Code is resolution of bad assets — wherever possible to resolve the business so that the company/ business continues its operations and the economic value which the business creates continues unabated.

The Governor emphasised that the intention is that if a business or a company continues, economic activity continues and jobs also remain protected.

“The average recovery under the IBC was about 45 per cent for the previous four-five years. It came down to 40 per cent, taking into account the pandemic year.

“Now, yes, in some cases the haircut has been 90 per cent but there are cases where the haircut has been much less,” Das said.

NPAs quiet manageable

The Governor underscored that according to the numbers that RBI has, currently, the non-performing asset (NPA) numbers of lenders look quiet manageable.

“For example, at the end of June 2021, for the banking sector, the Gross NPA was about 7.5 per cent (of gross advances) and for the NBFC sector, it was a little less than that.

“.…At the moment, the situation on the stressed assets front, looks well within manageable limits,” Das said.

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Indian Gold Rates Declining, Should You Buy Ahead Of Festive Season?

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Investment

oi-Kuntala Sarkar

|

Amid the pandemic-induced slowdown in India, household’s privately held gold was worth more than $1.5 trillion at the initial stage of this year. The yellow metal has gained popularity among Indian citizens because of its auspicious factor and also as a hedge against inflation. Ahead of the upcoming festival season, investors are quite concerned about buying gold; as there are worries about the rallying gold rates in the international market at present. In upcoming November, within less than 2 months, Indians will celebrate Dhanteras which is the biggest festive season for the Indian gold market. Additionally, the wedding season – a significant gold business time too, is knocking at the door. So, here is a price chart to help investors who are looking out for previous gold rates of this year to understand the correct time to buy gold.

Indian Gold Rates Declining, Should You Buy Ahead Of Festive Season?

How far the gold prices fell?

In September, gold rates are down by 13% over the last quarter. Since May 15, this year the gold rates started to rally up again, slowly. In the recent period, gold rates went to their peak during the first week of June, due to worsening global economic conditions. But after that, gold prices have shown consistent fall; only in the second half of July gained to some extend. If counted from May, this year, gold rates have augmented by around Rs. 1100 in September. For big investors, this rally will matter. But if counted from June, the prices have fallen by Rs. 1680 in September, motivating people to buy more gold. Here is a chart of gold rates in India for the last 5 months, that will provide a clear idea of monthly gold prices.

5 months’ gold price chart in India

Timeline 22 Carat Gold(10 grams) 24 Carat Gold (10 grams)
9, September, 2021 Rs. 46,000 Rs. 47,000
9, August, 2021 Rs. 45,280 Rs. 46,280
9, July, 2021 Rs. 46, 810 Rs. 47,810
9, June, 2021 Rs. 47,680 Rs. 48,680
9, May, 2021 Rs. 44,910 Rs. 45,910

Source: GoodReturns.in Gold Rates

To note, the August gold rates were far down because the US non-farm-payroll data came out with promising figures triggering the anticipation of early tapering. But the US Fed’s Chairman Jerome Powell sounded dovish even after that and hinted at delayed tapering, which helped the gold prices to gain. As asset buying will decline, it will drag down gold rates again. Gold is a dollar-dominated asset class and its international prices depend on US Fed’s decision and the US dollar index.

However, in January, this year 10 grams 22 carat gold was quoted very high at Rs. 48,460 and 24 carat gold was quoted at a high of Rs. 49,460 in India. But the present declining trend is not indicating gold rates to reach that high again any time soon. If the US Fed starts tapering end of this year, the rates are expected to drop again. So, that will be a good time for Indians to buy gold. The price of the yellow metal is always measured in a long term, like 5-8 years. The monthly gain and falls are influenced by multiple global economic factors, but yearly gold has given good returns to investors, making it a good time.

PR Somasundaram, Regional CEO, World Gold Council in an interview to India today recently said that – in 2019, the gold rates were moving around Rs. 30,000 – Rs. 32,000, but in 2021, the gold rates are being counted at around Rs. 50,000 with GST. Nobody’s income has gone that much up. Pointing out his tone, this year Indians are far more cautious about gold price ups and downs and trying to find out when the prices will drop.

Ahead of this festive season gold investors are tracking the gold rates rally in the international and domestic markets to interpret what would be a good time to buy gold. This year there is a doubt about the usual up-trend ahead of the festive and wedding season. As the gold rates are anticipated to drop again with US tapering, small-scale investors can take a policy of wait and watch. There will be a risk although – if the US does not start tapering, the gold prices will go up again. As the gold prices are mostly showing a downward trend, so it now is suggested to invest. When the gold rates will be up again in the next year, the stored gold will be a profitable asset then. However, people who are looking for wedding jewelleries for the October-November season, and can not wait till December, can buy gold now. The prices are low and jewellers are going to provide offers soon.

Here is a gold price chart of major Indian cities on September, 9

City 22 carat (10 Grams) 24 carat (10 Grams)
Mumbai Rs. 46,000 Rs. 47,000
Delhi Rs. 46,100 Rs. 50,300
Bangalore Rs. 44,000 Rs. 48,000
Chennai Rs. 44,340 Rs. 48,370
Kolkata Rs. 46,540 Rs. 49,240

Irrespective of the city you are buying gold from, it should be remembered that one must invest in hallmarked jewelleries; the union government is strongly promoting hallmarking system for assured buying now.

Dhanteras is an auspicious Hindu festival, but as the jewellers offer good discounts on making charges at that time, investors across religions and communities try to buy gold at that time. Hence, the household gold storage increases, but this massive wealth mostly lies idle. RBI’s gold monetization scheme is an excellent opportunity to explore by people, who are interested to buy the precious metal but would not use the jewelleries on a regular basis. RBI will store the gold safely and will give returns.



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UCO Bank out of PCA, will RBI blink in case of IOB, Central Bank?, BFSI News, ET BFSI

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The Reserve Bank of India (RBI) has removed UCO Bank from its Prompt Corrective Action Framework (PCAF) but the fate of Central Bank and Indian Overseas Bank hangs in balance.

The central bank lifted the PCA on Uco Bank following improvement in various parameters and a written commitment that the state-owned lender will comply with the minimum capital.

However, RBI had reservations over the capital adequacy levels of the banks under PCA.

Interestingly, Indian Overseas Bank and Central Bank were reported to be among the four banks shortlisted by the government for privatisation.

The RBI objection

In FY21, the government infused Rs 20,000 crore in ve banks through the instruments. Central Bank of India was the biggest beneficiary with Rs 4,800 crore, followed by Indian Overseas (Rs 4,100 crore), UCO Bank (Rs 2,600 crore).

However, the RBI had raised questions over the government’s bank capital infusion programme through non-interest-bearing bonds, according to a report.

The RBI reasoned that capital infusion through bonds cannot be taken at face value and, therefore, these banks may still be short of regulatory capital, they said. In such a situation, they will continue under the PCA framework. Under the PCA regime, business restraints are imposed on struggling banks until they regain health.

The government went ahead despite RBI’s initial reservations and now the regulator had expressed serious concerns. The entire fund infusion through such bonds will then not count toward regulatory capital.

RBI is not inclined to pull these lenders out of the PCA framework based on such capital infusion and may further direct lenders to recalculate their capital adequacy ratio based on the actual value of the bonds.

The PCA status

Indian Overseas Bank, Central Bank have reported net non-performing assets (NPAs) below levels that trigger PCA. However, on the proforma net NPA front, Central Bank falls short as its NNPA is 6.58% against the 6% required to be out of PCA.

Even after PCA exit, these banks may still be under RBI watch. In the case of IDBI Bank, which has committed to comply with the norms of minimum regulatory capital, net NPA and leverage ratio on an ongoing basis, RBI has said the lender would be under continuous monitoring. “It has been decided that IDBI Bank be taken out of PCA framework, subject to certain conditions and continuous monitoring,” RBI had said.

Privatisation bid

Four banks on the privatisation shortlist included Bank of Maharashtra, Bank of India, Indian Overseas Bank and the Central Bank of India.

Two public sector banks and one general insurance company are expected to be disinvested this year in addition to the divestment of IDBI Bank, Finance Minister Nirmala Sitharaman had announced during the Union Budget presentation.

Bringing the banks out of PCA could boost their valuations in the event of privatisation.



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Foreign Stocks: Ways Indians Can Invest In US Stocks

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How much can Indian investors buy International or foreign stocks?

Indian brokers such as HDFC Securities, Motilal Oswal, and Geojit, as well as fintech platforms such as Stockal, offer comprehensive US investment services. While you may invest a lot of money in US stocks, keep in mind that the Reserve Bank of India has set a limit of $250,000 for Indian residents.

The Reserve Bank of India (RBI) authorises an individual Indian citizen to send $250,000 every financial year to the United States. With the current rate of exchange. This sum turns out to be in the billions of rupees. If you have two family members, you can invest a total of $250,000 ($500,000).

Prepare to pay a lot of money: You will be dealing with foreign currencies if you want to invest in other countries. If you want to invest in the US stock market, you must now pay fees and brokerage in US dollars.

Direct Investment In US Stocks

Direct Investment In US Stocks

Process of Investing in Foreign Stocks:

The first step is to register for an account online once you’ve found the best brokerage account in India for buying US stocks. It’s a straightforward, and quick procedure.

Step 1: To invest in the international stock market, you must first open a trading account with a brokerage firm that offers abroad trading services. There are only a few well-known brokerage firms that offer foreign trading services.

Step 2: Submit a separate account opening form with all required information, as well as know your customer (KYC) papers.

Step 3:You must transfer funds to the local equity broker’s overseas partner, through whom the service is supplied.

Step 4: Submit LRS application and declaration forms.

Step 5: Fill Form A2 (That is available with your broker)

Step 6: Sign a declaration form under the Foreign Exchange Management Act (FEMA).

Authorization form for the specified bank branch to act as an approved dealer.

You can now use an internet marketplace to buy and sell international equities.

Investing through Mutual Funds

Investing through Mutual Funds

Investing in international funds (funds of funds) has a set of benefits. For starters, you don’t need a Demat account or a trading account. Two, investing is simple since the investor does not need to open an international account or be concerned about currency fluctuations. Three, you won’t have to worry about exceeding your investment limit because there is an annual limit if you invest directly through the LRS.

This is the simplest way to invest in international equities. The most significant benefit of investing in mutual funds is that you do not need to open an international account. Investing in mutual funds/ETFs is also less expensive than investing directly in foreign stock markets.

Investing through ETFs

Investing through ETFs

A Demat and trading account are required for ETFs. The simplest and most straightforward approach is to invest in companies based outside of India through feeder or funds of funds. In this route, they also offer index funds that invest in foreign indexes such as the S&P 500, NASDAQ, Russell, Dow Jones, and so on. You can also invest in gold, commodities, technology, energy, and resources funds, which are all differentiated by geography. Because many mutual funds already have different themes, an investor does not need to be concerned. It’s as simple as investing in any domestic mutual fund.

Tax Implication for these investments

Tax Implication for these investments

This profit will be taxed in India. In the United States, no taxes will be withheld. The amount of taxes you must pay in India is determined on the length of time you retain the investment. The long-term capital gain threshold is 24 months, at a rate of 20% with an indexation advantage. Capital gains are deemed short-term if you sell a stock in less than 24 months and are taxed according to your income tax bracket. Dividends, unlike investment profits, will be taxed at a fixed rate of 25% in the United States. Fortunately, the United States and India have a Double Taxation Avoidance Agreement (DTAA) that permits taxpayers to deduct income tax paid in the United States. The 25% tax you already paid in the United States is available as a Foreign Tax Credit, which you can use to offset the income tax you owe in India.

Conclusion

There are online platforms that allow you to invest directly in overseas stocks, but keep in mind that it is not always straightforward due to a variety of factors. For starters, all of these stocks are valued in US dollars. The dollar becomes exceedingly expensive when converted into Indian rupees.



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Penalty for missing ITR filing deadline has been cut to half, BFSI News, ET BFSI

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For the financial year 2020-21, the deadline to file income tax return (ITR) is December 31, 2021, (it was extended twice – first from the usual deadline of July 31, 2021, to September 30, 2021, and then to December 31, 2021) due to the pandemic. Till last year, if a taxpayer missed the ITR filing deadline, the maximum penalty he/she would have had to pay was Rs 10, 000.

However, with effect from FY 2020-21, the penalty amount has been reduced by half, i.e., a person filing belated ITR will have to pay a penalty of up to Rs 5,000. Further, if your income is below the taxable limit then you won’t even have to pay the penalty amount if you file your ITR after the deadline subject to certain exceptions. Here is why the penalty this year is half that of last year.

The penalty you will have to pay
In Budget 2021, the government reduced the maximum time allowed to an individual (whose accounts are not required to be audited) for filing ITR by three months. Due to a reduction in the time limit of filing ITR, a consequential amendment was made in Section 234F of the Income-tax Act, 1961 under which the penal amount for filing belated ITR was reduced to a maximum of Rs 5,000 from Rs 10,000 earlier.

Earlier, an individual was allowed time till the end of the financial year, i.e., March 31 to file belated ITR by paying a maximum penalty of up to Rs 10,000.

From this year onwards, the deadline for filing belated ITR is December 31. Accordingly, for FY2020-21 the deadline for filing belated ITR was December 31, 2021, but has been extended twice – first to January 31, 2022, and then to March 31, 2022, due to covid-19. As mentioned above, an individual filing belated ITR by the deadline of March 31, 2022 will now have to pay maximum penalty of Rs 5,000.

Abhishek Soni, CEO, Tax2Win.in, an ITR filing website says, “The last date of filing belated return for FY 2020-21 was December 31, 2021 (originally) which was extended till January 31, 2022 and which is again extended by two months. Now the last date of filing belated ITR is March 31, 2022. This needs to be noted that the deadline for filing the belated return has been extended but late filing fees will be Rs. 5000/- only rather than Rs. 10,000 if you file belated ITR between January 1, 2022 and March 31, 2022.”

Up until last year, there was two-tier penalty structure for missing the ITR filing deadline. If the belated ITR was filed after the expiry of the deadline and on or before December 31, then the individual was required to pay a late filing fee of Rs 5,000. If the ITR was filed between January 1 and March 31, then a late filing fee of Rs 10,000 was levied.

Kapil Rana, Founder & Chairman, HostBook, a fintech startup offering ITR filing services, says, “As per section 234F, till FY 2019-20, if the taxpayer failed to file ITR on or before the due date, then he/she was liable to pay a fee of Rs 5,000 if the tax return was furnished on or before 31st December of the relevant assessment year, otherwise, it will be Rs 10,000 if tax return is furnished after 31st December but from FY 2020-21, the law has been changed. The maximum late filing fees of Rs. 5000 shall be payable if, return is submitted after the expiry of the due date.”

However, there is no change in the penal amount levied on small taxpayers who miss the ITR filing deadline. If you are a small taxpayer whose total income does not exceed Rs 5 lakh during an FY, then the maximum fees you are liable to pay is Rs 1,000 if the ITR is filed any time after the expiry of the deadline (i.e., December 31, 2021) but before March 31, 2022.



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Despite Extension of Due Dates ITR Filing Has Increased To 3.2 lakh Daily In September, 2021: Check Report

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Taxes

oi-Vipul Das

|

The Income Tax Department’s e-filing site (www.incometax.gov.in) was introduced on June 7, 2021. Since then, taxpayers and experts have experienced malfunctions and problems with the platform. However, between April 1st and August 30th, 2021, the Central Board of Direct Taxes (CBDT) provides refunds of over Rs. 67,401 crore to over 23.99 lakh taxpayers. In all, Rs. 16,373 crore in income tax refunds and Rs. 51,029 crore in corporate tax refunds has been given in 22,61,918 cases.

Despite Extension of Due Dates ITR Filing Has Surged To 3.2 lakh Daily In Sept

Several problems have been reported by taxpayers since the introduction of the new portal, however notwithstanding the struggles, over 8.83 crore individual taxpayers have checked in until September 7, 2021, with a daily average of over 15.55 lakh. In September 2021, the number of ITRs submitted climbed to 3.2 lakh per day, with 1.19 crore ITRs filed for the fiscal year 2021-22. About 76.2 lakh taxpayers have used the portal’s online service to file their income tax returns. Whereas over 94.88 lakh ITRs have also been e-verified out of which 7.07 lakh ITRs have been processed so far.

Taxpayers have been allowed to witness approximately 8.74 lakh Notices issued by the Department under the Faceless Assessment/Appeal/Penalty processes, out of which almost 2.61 lakh fixes have been made successfully, according to a statement released by the Finance Ministry. On a daily basis in September 2021, an average of 8,285 Notices for e-proceedings was issued and 5,889 responses were submitted.

Approximately 10.60 lakh statutory forms have been filed, comprising 7.86 lakh TDS reports, 1.03 lakh submission of Form 10A, 0.87 lakh submission of Form 10E for pay arrears, and 0.10 lakh submission of Form 35 for appeals. 66.44 lakh taxpayers have linked their Aadhaar numbers to their PAN numbers, and over 14.59 lakh e-PANs have been issued. In September 2021, over 0.50 lakh taxpayers took advantage of these two services on a daily basis despite the glitches on the new Income Tax Portal, according to the statement.

New Deadline For Income Tax Return Filing For The Assessment Year 2021-2022

According to an official memorandum issued on September 9, 2021, the Central Board of Direct Taxes (CBDT) has declared to further extend the due dates for filing Income Tax Returns for the Assessment Year 2021- 22 under the Income-tax Act, 1961 (the “Act”), based on hardships disclosed by taxpayers and other stakeholders in filing Income Tax Returns and various reports of audit for the Assessment Year 2021- 22 under the Income-tax Act, 1961.

  1. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which was 31st July, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th September, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 31st December, 2021;
  2. The due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which is 30th September, 2021, as extended to 31st October 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 15th January, 2022;
  3. The due date of furnishing Report from an Accountant by persons entering into international transaction or specified domestic transaction under section 92E of the Act for the Previous Year 2020-21, which is 31st October, 2021, as extended to 30th November, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 31st January, 2022;
  4. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 31st October, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th November, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 15th February, 2022;
  5. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 30th November, 2021 under sub-section (1) of section 139 of the Act, as extended to 31st December, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 28th February, 2022;
  6. The due date of furnishing of belated/revised Return of Income for the Assessment Year 2021-22, which is 31st December, 2021 under sub-section (4)/sub-section (5) of section 139 of the Act, as extended to 31st January, 2022, vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 31st March, 2022.

Story first published: Friday, September 10, 2021, 12:32 [IST]



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Reserve Bank of India – Tenders

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Reserve Bank of India, Hyderabad invites Applications from Category I CA firms for Appointment of Concurrent Auditors for a period up to one year i.e., from November 01, 2021 to September 30, 2022 (extendable on annual basis for two more years subject to satisfactory performance to be evaluated by the Bank).

The Tendering will be done through the e-Tendering portal of MSTC Ltd. (https://www.mstcecommerce.com/eprochome/rbi). Interested tenderers must register themselves with MSTC Ltd through the above-mentioned website to participate in the tendering process.

Tender document can be downloaded from both the RBI website www.rbi.org.in under tender section and www.mstcecommerce.com.

The last date for submission of Applications is October 01, 2021 at 11:00 Hrs. Applications received after the said date and time will not be accepted.

The Tenderer should check the above website / e-portal for any Amendment / Corrigendum / Clarification before submitting the bid. The Bank shall have the right to cancel, modify the Tender and extend the deadline for submission of Tender. Further, the Bank reserves the right to accept any Tender, either in full or in part and to reject any or all the Tenders without assigning any reason thereof.

Regional Director
Reserve Bank of India
Hyderabad


SCHEDULE OF TENDER

A e-Tender no Tender No. – RBI/Hyderabad/HRMD/13/21-22/ET/141
B Name of the Tender Appointment of Concurrent Auditors for the period November 01, 2021 to September 30, 2022 for RBI, Hyderabad
C Date of Notice Inviting e-tender available for download on RBI website September 10, 2021
D Estimated value of tender ₹ 11,00,000/- (exclusive of taxes)
E Date of Starting of online submission of e- tender (Technical Bid and Financial Bid) at www.mstcecommerce.com/eprochome/rbi September 10, 2021, 11:00 am
F Last date of availability of e-tender on website October 01, 2021
G Date & time of closing of online submission of e-tender (Technical Bid and Financial Bid). October 01, 2021, 11:00 am
H Date & time of opening of Part-I
(Technical Bid)
October 01, 2021, 3:00 pm
I Date of opening of Part-II (Financial Bid) Part-II (Financial Bid) will be opened electronically of only those bidder(s) whose Part-I (Technical Bid) is found acceptable by RBI, Hyderabad. Such bidder(s) will be intimated regarding date of opening of Part-II (Financial Bid) through valid email id given by them.

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Freezing bank accounts could affect right to life, says Karnataka high court, BFSI News, ET BFSI

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BENGALURU: Freezing of bank accounts will affect the right to life under Article 21 of the Constitution, the high court has said.

Justice Mohammed Nawaz made this observation while allowing a petition filed by Narayana Yadav, a New Delhi-based businessman, and directed CEN police station at Yadgir to intimate banks to defreeze his accounts. The defreezing is subject to the businessman abiding by his commitment to give a bank guarantee for a sum of Rs 3.7 lakh, the court said. Yadav had challenged the June 22, 2020 notice issued by police, directing the manager of Axis Bank to freeze his account and linked account numbers, four in all.

The action was based on a complaint from Ludra Mary, a resident of Shahpur in Yadgir, who alleged that she received an email on May 27, 2020 stating that she had won Rs 48.5 lakh lottery. To get hold of the same, she had to log in to a website. She entered the password and the user name provided and filled up the information requested. In response, she was asked to deposit an amount to the account numbers provided. Until June 10, 2020, a total of Rs 3.7 lakh was deposited in those accounts, but Ludra did not get the money. Ludra approached police, who ordered the freezing of Yadav’s account on the ground that his Axis Bank account had received Rs 99,999 from her.

Yadav claimed he is not involved in the alleged crime and was surprised by the intimation about freezing of his accounts. He said he’s running electronics stores in Delhi and proceeds of his business were transferred to the company account that was maintained at Axis Bank, Dwarka Branch, Delhi, and all transactions are legitimate.

Police defended the action, saying it was necessary to freeze the accounts for probe and also to avoid the petitioner transacting further.



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