While allowing proceedings to continue, the Court restrained enforcement of any final order arising from the show cause notice pending further directions.
The ROC penalised a company for commencing operations without a valid declaration of commencement. The key takeaway is that business cannot begin before complying with Section 10A requirements.
Non-filing of annual returns led to maximum penalties on the company and directors. The key takeaway is that Section 92 compliance is mandatory and strictly enforced.
Failure to report resignation and appointment of directors led to penalties under company law. The key takeaway is that Board Reports must fully disclose changes in management.
Directors were penalised for failing to provide mandatory disclosures in EOGM notices. The key takeaway is that full explanatory statements are essential for valid shareholder approval.
The order holds that utilisation of private placement money before allotment and filing of returns violates Section 42, attracting substantial penalties despite financial hardship claims.
The adjudicating authority held that delay in filing return of allotment attracts penalty under Section 42, but relief under Section 446B applies where the entity qualifies as a small company.
Unsigned financial statements uploaded with statutory filings were held non-compliant. Liability was fixed on the certifying director under the Companies Act.
The Court held that once scrutiny is closed with ASMT-12, no further demand can be raised on identical grounds. The key takeaway is finality of accepted scrutiny proceedings.
ITAT held PCIT cannot revise assessment where penny stock LTCG transactions were fully examined and AO adopted a permissible view.
