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Archive: January, 2026

Posts in January, 2026

Assessment Framed on Deceased Assessee Is Void Ab Initio

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The issue was whether an assessment can continue after the assessee’s death. The Tribunal held such an order void ab initio when the legal heir is not substituted.

Resolution profession required to repossess shares held in any subsidiaries of Corporate Debtor

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NCLAT Delhi held that Resolution Professional is required to take control and custody of any assets for which the Corporate Debtor has ownership right including the assets that may or may not be in possession of the Corporate Debtor. Thus, section 18(1) of IBC enables resolution profession to repossess shares held in any subsidiaries of Corporate Debtor.

Substitution of Shares on Amalgamation Not Automatically Business Income: SC

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The issue was whether receipt of shares on amalgamation attracts tax when shares are held as stock-in-trade. The Court held such substitution can trigger business income under Section 28 if the shares are realisable, reinforcing the real income principle.

Delay in Filing Special Resolution Triggers Penalty Under Companies Act

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The registrar imposed penalties for a 212-day delay in filing Form MGT-14. Subsequent compliance did not absolve liability under Section 117(2).

Companies Penalised for Ignoring Statutory Woman Director Mandate

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The registrar penalised a company for failing to fill a woman director vacancy within the statutory timeline. The ruling reinforces strict compliance with board composition norms.

Penalty Imposed for Not Disclosing Director Change in Annual Return

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The registrar penalised a company and its directors for failing to disclose a director’s regularisation in the annual return. The key takeaway is that even clerical omissions attract penalties under the residuary provision.

Belated MSME-1 Filing: MCA imposes ₹9 Lakh Penalty

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The registrar imposed the maximum penalty for delayed MSME Form I filings. Even belated compliance did not prevent monetary penalties.

MCA imposes Penalty for missing PAN or email details of Allottee in PAS-3  

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The issue was failure to provide full allottee particulars in PAS-3. The key takeaway is that missing PAN or email details can trigger penalties under Section 450.

Penalty Imposed for 1,017-Day Delay in Filing Board Resolution in MGT-14

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The issue involved prolonged delay in filing Form MGT-14 for approval of annual accounts. The authority held that such delay attracts residuary penalty despite subsequent compliance.

Penalty Levied for 1316-Day Delay in Filing Board Resolution

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This matter examined consequences of not filing a mandatory Board Resolution. The authority held that later compliance does not erase liability for earlier default.

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