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Archive: 13 November 2025

Posts in 13 November 2025

Penalties Imposed for Failure to Maintain Board Meeting Minutes

November 13, 2025 588 Views 0 comment Print

ROC Delhi levied penalties for not preparing and keeping minutes and attendance registers for seven board meetings, stressing the mandatory record-keeping requirements under Section 118.

Penalty Imposed for Failure to Submit MBP-1 Disclosures on Time

November 13, 2025 435 Views 0 comment Print

The order holds directors liable for not providing mandatory interest disclosures in initial board meetings. Penalties were levied under Section 184(4) for procedural non-compliance.

No Penalty for Genuine Oversight in Foreign Asset Disclosure: ITAT Chandigarh

November 13, 2025 1446 Views 0 comment Print

The Tribunal ruled that penalties under Section 43 of BMA cannot be imposed for bona fide reporting mistakes when investments were from legitimate, disclosed funds.

Assessment u/s 153A passed with prior approval u/s 153D cannot be revised

November 13, 2025 8289 Views 0 comment Print

The Tribunal ruled that once an assessment under Section 153A is approved under Section 153D, it cannot be revised under Section 263. This reinforces limits on PCIT’s revisional powers.

ITC Cannot Be Denied to bona fide purchasers for Seller’s Tax Default: SC

November 13, 2025 3024 Views 1 comment Print

The Court held that bona fide purchasers are entitled to Input Tax Credit even if the seller fails to deposit tax, protecting compliant traders from undue liability.

Reassessment Set Aside as Notice Issued by Jurisdictional Officer, Not Faceless Unit

November 13, 2025 1080 Views 0 comment Print

The Tribunal held that reassessment under Section 148 was invalid as the notice was issued by the Jurisdictional Officer instead of the Faceless Assessing Officer, affirming the CIT(A)’s order.

Delay in bankruptcy application u/s. 123 of IBC condoned as compliance with 121(2) is directory in nature

November 13, 2025 588 Views 0 comment Print

NCLT Kochi held that delay in filing bankruptcy application u/s. 123 of the Insolvency and Bankruptcy Code, 2016 condoned considering that compliance with Section 121(2) should be considered directory in nature. Accordingly, present appeal is allowed.

Deeming fiction of section 50 cannot change long term assets to short term capital assets

November 13, 2025 489 Views 0 comment Print

ITAT Mumbai held that section 50 does not convert a long-term capital asset to a short-term capital asset, then the rate of tax is applicable for the transfer of a long-term capital asset has to be in accordance with section 112. The deeming fiction of section 50 cannot be imported under section 112.

Cancellation of GST Registration Without Proper Notice Invalid Allahabad HC

November 13, 2025 603 Views 0 comment Print

Allahabad High Court held that GST registration cannot be cancelled without issuing a mandatory notice in Form REG-17, even in cases of voluntary surrender, setting aside cancellation and appeal orders.

CESTAT Sets Aside Customs Penalty Over Uncorroborated Evidence & Forced Statement

November 13, 2025 435 Views 0 comment Print

CESTAT Allahabad set aside a penalty imposed on a customs officer, holding that statements recorded under duress and without corroboration cannot be relied upon for conviction.

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