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Archive: January, 2026

Posts in January, 2026

From Dispute to Arbitration: The Breaking Point Test

January 28, 2026 525 Views 0 comment Print

The ruling clarifies that limitation for appointing an arbitrator starts only when negotiations fail and arbitration is clearly invoked. Mere existence of disputes does not trigger limitation.

Section 197 Certificates Can’t Be Denied on Overturned Past Assessments: Delhi HC

January 28, 2026 510 Views 0 comment Print

The court held that tax authorities cannot rely on earlier findings already set aside by appellate bodies. Each Section 197 application must be examined independently.

Penalty Imposed for Procedural Lapse in Share Allotment Disclosures

January 28, 2026 4221 Views 0 comment Print

The Registrar penalised a company for missing mandatory disclosures in share allotment filings. The order clarifies that even inadvertent procedural lapses attract penalties, though relief may apply to eligible start-ups.

Incomplete Disclosures in Share Allotment Documents Attract Penalty: ROC Pune

January 28, 2026 756 Views 0 comment Print

The order holds that missing mandatory disclosures in share issue filings violate Section 62 read with Rule 13. Even inadvertent procedural lapses can trigger penalties under the residual provision of the Companies Act.

Penalty Imposed for Incorrect AOC-4 Filing Despite Later Rectification

January 28, 2026 2430 Views 0 comment Print

The adjudicating authority held that filing an AOC-4 with incorrect particulars attracts penalty even if the error is later admitted and rectified. Administrative correction does not nullify the completed contravention under the Companies Act.

Final Assessment Orders under DRP Route Quashed as Time-Barred: ITAT Delhi

January 28, 2026 756 Views 0 comment Print

The issue was whether final assessment orders passed under the DRP route exceeded statutory time limits. The tribunal held that assessments beyond Section 144C read with Section 153 are void for limitation.

Why Gold Prices Are Rising Sharply: What the Numbers Tell Us

January 28, 2026 10002 Views 0 comment Print

The issue is whether gold’s sharp rise is sudden or structural. The data shows a steady climb driven by global uncertainty, making gold a long-term safe-haven rather than a short-term spike.

SEBI (LODR) Amendments Simplified: Key Changes for HVDLE

January 28, 2026 1968 Views 0 comment Print

The issue was rationalising which debt-listed entities should face enhanced compliance. SEBI held that only larger issuers with Rs. 5,000 crore or more in listed debt should be covered, easing the burden on mid-sized entities.

Wrong Starting Point for Section 153C Renders Assessment Time-Barred

January 28, 2026 306 Views 0 comment Print

The dispute concerned the correct terminal point for computing six assessment years under section 153C. The Tribunal held that using the search date instead of the satisfaction date vitiated the entire assessment.

Refund of Unutilised ITC after Amalgamation : Gujarat HC Brings Much-Needed Clarity

January 28, 2026 1020 Views 0 comment Print

The issue was whether export refunds can be denied when the transferor company transfers only part of ITC after amalgamation. The Court held that partial ITC transfer is permissible and refund cannot be denied without statutory backing.

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