The Registrar imposed penalties after finding a nearly six-year delay in appointing a mandatory whole-time Company Secretary once capital thresholds were crossed.
The adjudication confirms that non-appointment of a secretarial auditor is a serious compliance breach. COVID-related explanations did not absolve liability under company law.
The ITAT held that registration cannot be denied based on an incorrect interpretation of trust objects. Where amended deeds and clarifications exist, authorities must examine them before rejecting 12AB registration.
The ITAT held that reassessment based on a duplicate PAN, despite disclosure under a valid PAN, suffers from jurisdictional infirmity. Ex parte orders passed without addressing such objections violate principles of natural justice.
The ITAT held that reassessment issued after three years is void if approval is taken from an incompetent authority. Wrong sanction under section 151 renders the entire reopening unsustainable in law.
The ITAT held that undated satisfaction notes defeat jurisdiction under section 153C. In such cases, limitation must be computed from the notice date, making assessments beyond the block period void.
The ITAT ruled that acknowledging donors at religious events does not amount to commercial advertising. Voluntary donations used for religious purposes retain exemption under section 11 despite name displays.
The issue concerned denial of depreciation for want of year-wise details and WDV computation. The Tribunal held that the claim requires fresh examination and remanded the matter for de novo assessment.
The ITAT held that additions under section 153A for unabated years require incriminating material found during search. Suspicion, past records or third-party allegations cannot substitute seized evidence.
The issue was dismissal of an appeal for delay without examining merits. The Tribunal held that a bona fide misunderstanding of limitation can justify condonation and remanded the matter for fresh adjudication.
