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Archive: 07 January 2026

Posts in 07 January 2026

Cross-Border Insolvency in India & Recent Judicial pronouncements

January 7, 2026 699 Views 0 comment Print

Explains how Indian tribunals have addressed cross-border insolvency issues despite limited statutory provisions, emphasizing judicial cooperation and practical solutions.

Flavoured milk classifiable under 0402 is subjected to 5% GST: Karnataka HC

January 7, 2026 366 Views 0 comment Print

Karnataka High Court held that flavoured milk should be classified under Tariff Heading 0402 of the Customs Tariff Act and hence be subjected to GST @5% [i.e. CGST 2.5% and SGST 2.5%]. Accordingly, the present writ is allowed.

SC Rejected Capital Subsidy Claim Due to Prior Exhaustion of Incentive Limits

January 7, 2026 321 Views 0 comment Print

The Court sustained rejection of disbursal despite earlier sanction, holding that incentives could not exceed prescribed caps. The ruling underscores that sanction alone does not guarantee payment if policy limits bar it.

Post-Facto CSR Payment Not a Defence – Penalty Upheld

January 7, 2026 297 Views 0 comment Print

The regulator held that failure to spend CSR funds or transfer unspent amounts within statutory timelines violates sections 135(5) and (6). Subsequent voluntary payment does not erase the default, attracting penalties under section 135(7).

SC enhances Compensation as Income & Disability Were Underestimated

January 7, 2026 252 Views 0 comment Print

The Supreme Court corrected errors in income and disability evaluation in a motor accident claim. It held that notional income under the Second Schedule was inappropriate and recalculated compensation on a realistic basis.

Penalty Imposed for Delayed CSR Spend Despite Later Compliance

January 7, 2026 840 Views 0 comment Print

Failure to spend CSR funds or transfer unspent amounts within timelines was held to violate sections 135(5) and (6). Subsequent voluntary payment did not absolve liability, attracting penalties under section 135(7).

Penalty imposed for Failure to disclose PAN & email IDs of allottees in Form PAS-3

January 7, 2026 153 Views 0 comment Print

Failure to disclose PAN and email IDs of allottees in Form PAS-3 was held to violate Rule 14(6). The ROC imposed penalties under section 450, underscoring strict disclosure requirements.

Penalty imposed for Failure to File AGM Report Under Section 121

January 7, 2026 213 Views 0 comment Print

Non-filing of MGT-15 for two financial years was held to violate section 121. Officers were penalised despite the company being under liquidation.

Specific Performance Denied; SC Grants ₹3 Crore as Compensation

January 7, 2026 348 Views 0 comment Print

Specific performance was refused as readiness and willingness were not established on the due date. Applying equity after prolonged delay, the Court substituted enforcement with a ₹3 crore lump-sum.

ROC Chennai Imposed Penalty for Failure to Appoint Internal Auditor

January 7, 2026 231 Views 0 comment Print

ROC Chennai held that listed companies must appoint an internal auditor under Section 138. Non-compliance over multiple years resulted in penalties on directors.

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