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Archive: 09 October 2025

Posts in 09 October 2025

Section 232 of Kolkata Municipal Corporation Act makes property tax dues as first charge on property

October 9, 2025 777 Views 0 comment Print

Calcutta High Court held that section 232 of the Kolkata Municipal Corporation Act makes the property tax dues as first charge on the property hence refusal to grant mutation on account of outstanding property tax fully justified.

Dues against another Group company doesn’t permit bank to retain securities of Corporate Debtor

October 9, 2025 540 Views 0 comment Print

NCLAT Delhi held that bank doesn’t have any jurisdiction to retain the securities [i.e. fixed deposit amount] since Corporate Debtor was not part of any facility against which any amount is due. Thus, retention on ground that there were dues against another Group Company not justified.

Claim rejected since seized gold already assessed and proceedings concluded in name of husband of petitioner

October 9, 2025 261 Views 0 comment Print

Kerala High Court held that as the gold claimed by the petitioner, is already assessed in the name of the husband of the petitioner, and the proceedings in respect of the same are concluded, the petitioner cannot make a further claim in respect of the same. Accordingly, writ dismissed.

HC allowed delay of 255 days in claim by EPFO as Provident Fund dues were excluded from liquidation estate of a company

October 9, 2025 822 Views 0 comment Print

Provident fund dues were protected by statute and same were excluded from the liquidation estate of a company under Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code, 2016, thus, could not be denied to claimants on grounds of delay as it would defeat the object of protecting employees’ social security.

License fee paid for the right to use software couldn’t be included in the customs valuation of imported CDs

October 9, 2025 504 Views 0 comment Print

Assessee-company provided software-led IT and infrastructure management services. To facilitate its business, it entered into an End-User License Agreement (EULA) with SAP India Pvt. Ltd. for a non-exclusive, perpetual license to use SAP’s proprietary software and documentation. SAP India is a wholly owned subsidiary of SAP AG, Germany.

Tribunal upheld deletion of disallowance u/s 80-IA on amalgamated units and capped sec. 14A disallowance at actual exempt income

October 9, 2025 351 Views 0 comment Print

It was held that regarding section 80-IA issue, Tribunal relied on its own earlier orders in assessees own cases for AYs 2014-15 and 2016-17. It held that since the power plant was transferred as part of a court-approved amalgamation, the assessee was entitled to step into the shoes of the amalgamating company and claim the deduction.

ROC Delhi imposes penalty for uninitialed blank pages in minutes

October 9, 2025 609 Views 0 comment Print

ROC Delhi held that unscored or uninitialed blank pages in minutes constitute non-compliance under Section 118(11). A ₹25,000 penalty was levied on the company and ₹5,000 each on defaulting directors.

ROC Delhi Imposes Penalty for Unbound Board Minutes

October 9, 2025 12570 Views 0 comment Print

ROC Delhi penalized a company and its directors for failing to properly bind board meeting minutes for FY 2017–18, holding it a violation of Section 118(11) read with Secretarial Standards SS-1 and SS-2.

ROC Pune Penalizes Company for Improper Maintenance of Board Minutes

October 9, 2025 936 Views 0 comment Print

ROC Pune imposed penalties on WORLDDEVCORP and three directors under Section 118(11) for not maintaining Board Minutes in the prescribed book and without date of entry.

ROC Delhi Imposes Penalty for Missing Serial Numbers in Board Minutes

October 9, 2025 498 Views 0 comment Print

Rosmerta Autotech Ltd. and its directors were penalized for maintaining board minutes without serial numbers for FY 2017-18. ROC emphasized strict compliance with Section 118(11) and Secretarial Standards SS-1 & SS-2.

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