NCLAT Delhi held that each and every commercial transaction which has resulted in loss may not be labelled as fraudulent or to have been done to deceive creditors. Accordingly, since ingredients of section 66(2) of IBC is lacking, the transaction cannot be labelled as fraudulent.
Since the reassessment itself was quashed, the addition treating long-term capital gains as unexplained cash credit under section 68 automatically failed. Jurisdictional defects were fatal to the assessment.
The Tribunal ruled that maintaining a temple or holding festivals does not disqualify a trust if substantial funds are spent on public welfare. Authorities must examine actual expenditure patterns, not assumptions.
Authorities imposed statutory penalties after a company admitted failure to disclose reasons for unspent CSR amounts in its Board’s Report, holding the lapse actionable under the Companies Act.
It was ruled that failure to properly collate and maintain the register of members constitutes a clear default attracting penalties under the Companies Act, 2013.
ITAT Cuttack held that reassessment proceedings fail when no addition is made on the very reasons recorded for reopening. If the original ground disappears, the entire reassessment becomes invalid.
The ROC imposed penalties for late filing of AOC-4 beyond the statutory timeline. The key takeaway is that timely filing of financial statements is mandatory, irrespective of financial difficulties.
The adjudicating authority held that not displaying the company name and statutory particulars at the registered office constitutes a clear breach of Section 12. Procedural lapses were not accepted as a defence, and monetary penalties were upheld.
The Tribunal held that where the input tax credit ratio reduced in the post-GST period, no additional benefit accrued to the developer. Consequently, no profiteering under Section 171 was established.
Authorities held that non-maintenance of a consolidated register of members at the registered office violates Section 88, justifying monetary penalties on the company and its officers.
