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Archive: December, 2025

Posts in December, 2025

Section 220(2) Interest Invalid Without Section 156 Demand Notice: ITAT Mumbai

December 24, 2025 963 Views 0 comment Print

The Tribunal ruled that section 220(2) interest cannot be charged where the original demand notice showed nil demand, holding that interest arises only after a valid section 156 notice.

Should Founders Be Classified as Promoters Before an IPO? A Practical Guide

December 24, 2025 660 Views 0 comment Print

Explains the practical meaning of “founder” and the legal threshold that turns a founder into a promoter under company and securities laws.

ROC Delhi imposes Holding Fewer Than Four Board Meetings in a Financial Year

December 24, 2025 672 Views 0 comment Print

The authority held that the requirement of four board meetings applies per financial year, not calendar year. Even a one-time shortfall attracts penalties under Section 450.

Delay in Transferring Unspent CSR Funds Triggers Heavy Penalty Under Companies Act

December 24, 2025 1047 Views 0 comment Print

The adjudicating authority penalised delayed transfer of unspent CSR amounts beyond the statutory timeline. The ruling underscores strict enforcement of CSR fund transfer obligations.

ROC Delhi imposes Penalty for Delay in Filing INC-20A

December 24, 2025 774 Views 0 comment Print

The adjudicating authority held that filing the declaration of commencement beyond 180 days violates Section 10A. The key takeaway is that delayed INC-20A filings attract statutory penalties regardless of intent.

ROC imposes penalty for Failure to File MGT-14 Within 30 Days

December 24, 2025 765 Views 0 comment Print

The adjudicating authority penalised prolonged non-filing of Form MGT-14 despite claims of inadvertence. The key takeaway is that statutory timelines for board resolutions are mandatory, and excessive delays invite maximum penalties.

Single SCN covering multiple financial years is valid in cases of fraudulent ITC: SC

December 24, 2025 1671 Views 0 comment Print

The Supreme Court upheld the Delhi High Court ruling that a single SCN covering multiple financial years is valid in cases of fraudulent ITC. The decision confirms that fraud investigations spanning several years can be dealt with through consolidated proceedings.

Appeal Against Company Law Penalty Rejected for Non-Compliance

December 24, 2025 264 Views 0 comment Print

The Regional Director dismissed an appeal under Section 454 after finding procedural non-compliance, directing further action under Section 454(8) of the Companies Act.

SEBI Standardised Affidavit & Reduced Documentation for Duplicate Certificates

December 24, 2025 2973 Views 0 comment Print

SEBI relaxed documentation norms by increasing the simplified threshold, making it easier for investors to obtain duplicate securities certificates.

SEBI Mandated Quarterly Review for Basic Services Demat Accounts

December 24, 2025 543 Views 0 comment Print

Eligible demat accounts must be treated as BSDA by default without active investor consent for regular accounts. The measure prioritizes cost efficiency and investor convenience.

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