Indemnity Bond for refund cheque lost

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Shruti (Querist)
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20 May 2011 I have lost my cheque of Income tax refund.

Can you please send me format for Indemnity Bond for the same?

Thanks,
Shruti

U S Sharma

U S Sharma (Expert)
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20 May 2011 INDEMNITY BOND
Before The Income-tax Officer, Ward- .( )

WHEREAS

1. We, M/s ..... Pvt. Ltd.having PAN No………….. having its Regd. Office at……………………………… are the assessee of ITO, Ward-.( ),............

2. THAT it has been stated to The Income-tax Officer, Company Ward- .( ), ........., that We, M/s ..... Pvt. Ltd have filed our Income Tax Returns for Asstt. Year …… where refunds were due to be received by us.

3. That the details of refunds and TDS deducted are duly shown in the incomes of the respective years and are given in the TDS Certificates filed along with the Income Tax Returns for Asstt. Year ………. and the details of which are given in the two Charts below:-

A.Y. Return Filed on Return Receipt No. Refund Due* Assessing Officer

A.Y. NO. TDS AUTHORITY DT.OF CR. TDS MADE

4. THAT we have not received refund voucher No. dt. for Rs. relating to A.Y…., that it therefore have not been encashed by us in our Bank Account.

5. We M/s ..... Pvt. Ltd. for ourselves, our respective heirs, executors and administrators do hereby jointly and severally convenant with the company, its successors and assigns that we and our heirs, executors and administrators respectively will at all times and from time to time save, defend and keep harmless and indemnified the company, its successors and assigns and the Directors and officers thereof and their respective heirs, executors and administrators and each of their estates and effects from and against all actions, causes, suits, proceedings, accounts, claims and demands whatsoever on account of the said REFUNDS or any of them or the loss or non-production of the REFUNDS(s) thereof on the part of any person or persons whomsoever and against all damages, costs, charges, expenses and sums of money incurred in respect thereof or otherwise in relation to the premises and We the said M/s ..... Pvt. Ltd Undertake on demand by the Income Tax Department to return and re-deliver such Refund(s) and without such demand to produce and return to the Income Tax Department the original Refund(s) when found or traced and to take all actions, Suits and proceedings at our own cost as the Income Tax Department shall require for the recovery thereof or otherwise in relation to the premises.

Dated this __________ day of ___________ Year ____________________
(Date) (Month)

Signed in the presence of _____________________

____________________________ _____________________
Signature of the Notary signature(s) of Aurhorised Officers of the Co.

Full name and Address of Notary

_______________________________ ______________ ___________________

U S Sharma

U S Sharma (Expert)
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20 May 2011 http://www.google.co.in/url?sa=t&source=web&cd=2&ved=0CCcQFjAB&url=http%3A%2F%2Fsites.google.com%2Fsite%2Fkanoisandeep%2FINDEMNITYBONDTOITO.doc&ei=FCrWTdfwBsqqrAeV15yPBg&usg=AFQjCNGZLs8htnxyj6By_I5-STAfReHEbA

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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20 May 2011 THIS INDEMNITY BOND executed on the ……………………………. Day of
……………………………………BY …………………son of …………………
Resident of…………………………………………………………………………
carrying on business under the name and style of ………………………………..
at ……………………………………having its registered office at………………….
(hereinafter called ‘the indemnifier’)
which expression shall unless excluded by or repugnant to the context be deemed to
include his heirs, executors, administrators, legal representatives, successors and
permitted assigns) IN FAVOUR OF the President of India (hereinafter called ‘the
Government’ which expression shall unless excluded by or repugnant to the context be
deemed to include his successors or assigns)
WHEREAS on the …………………………… day of ……………………………
CHEQUE No…………………………………… dated ………………… on…………….
(Name of the bank) for Rs…………………………………… was drawn by …………….
…………………………… in favour of the Indemnifier towards Income tax refund for
the assessment year 2009-10.
AND WHEREAS the Indemnifier has represented to the Government that the said
cheque has been lost during transmission by post to him.
AND WHEREAS at the request of the Indemnifier the Government has agreed to
issue a second cheque for Rs……………………………… being the amount of the said
previous cheque No………………………………dated………………… upon the
……………….. Indemnifier giving such indemnity as hereinafter contained.
NOW IT IS HEREBY AGREED by and between the parties hereto as follows :-
1) In consideration of the said premises and of the agreement on the part of the
Government in issuing in favour of the Indemnifier a second cheque for
Rs.…………… being the amount of the previous cheque No……………………
dated ………………… the Indemnifier both hereby agree and undertake to refund to
the Government on demand and without demur of the said sum of
Rs…………………….. in the event of the said previous cheque
No……………………. dated……………………being presented to and paid by the
bankers and to indemnify the Government and keep the Government harmless and
indemnified from and against all expenses which may be incurred by the Government
in relation hereto or in connection therewith.
2) The Government agrees to bear the stamp duty, if any, chargeable on these presents.
IN WITNESS WHEREOF the indemnifier hereto have set and subscribed his respective
hand hereunto on the …………………………… day and year first above written.
Signed
(Indemnifier)
WITNESSESS:-
1.……………………………………………………………………………
2. …………………………………………………………