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Archive: February, 2026

Posts in February, 2026

ITC Litigation After Amendments: Insights from Madras HC in Srinivasa Pharmacy Case

February 10, 2026 768 Views 0 comment Print

The Court held that ITC earlier denied as time-barred cannot stand after the retrospective relaxation under Section 16(5), reinforcing substantive credit rights.

Between App And Apathy: Critical Analysis of Karnataka Platform Based Gig Workers Ordinance, 2025

February 10, 2026 354 Views 0 comment Print

The ordinance promises social security for platform workers but lacks enforceable timelines, deterrent penalties, and operational clarity, limiting its real-world impact.

ROC Kolkata imposes Penalty for Incorrect Related Party Disclosure in AOC-4 

February 10, 2026 3099 Views 0 comment Print

The adjudicating authority held that filing an e-Form with incorrect particulars attracts penalty under Section 450. Administrative rectification does not wipe out the completed contravention.

Penalty imposed for Wrong Declaration of OPC/Small Company Status in AOC-4 (XBRL) 

February 10, 2026 297 Views 0 comment Print

The ROC held that filing AOC-4 with incorrect company status details constitutes a violation of Rule 8(3). Rectification through GNL-1 does not eliminate liability, and penalties were imposed under Section 450.

ROC Imposes Monetary Penalty for Wrong Date AGM Disclosure in Statutory Return

February 10, 2026 423 Views 0 comment Print

Filing incorrect AGM date and due date in Form AOC-4 triggered adjudication proceedings under Section 454. The authority emphasized that MCA filings are public records relied upon by regulators and stakeholders. Responsibility for accuracy rests with the authorised signatory, who was held personally liable.

Backdated Whole-Time Director Appointment: ROC imposes Penalty

February 10, 2026 660 Views 0 comment Print

ROC Kolkata imposed penalties after a Whole-time Director appointment was made effective before passing the Board resolution. The five-day contravention triggered action under Section 450.

ROC Kolkata Imposes Penalty for Backdated CFO Appointment Without Board Resolution

February 10, 2026 468 Views 0 comment Print

The Registrar held that appointing a CFO with retrospective effect without a prior Board resolution violates Section 179 of the Companies Act, 2013. Penalty was imposed under Section 450 as no specific punishment is prescribed for the default.

AGM Held Before Secretarial Audit? ROC Orders ₹2 Lakh Penalty

February 10, 2026 378 Views 0 comment Print

The authority found that approving financial statements before obtaining the Secretarial Audit Report contravened statutory requirements. A monetary penalty was imposed with compliance directions.

ROC Imposes Penalty for Non-Compliance with Secretarial Standard on Minutes

February 10, 2026 579 Views 0 comment Print

Failure to properly maintain Minutes Books under Section 118 led to adjudication by ROC. The company and its directors were fined for breaching Secretarial Standard-1.

Section 103 Breach: Company Penalised for Inadequate Quorum at General Meetings

February 10, 2026 3174 Views 0 comment Print

The company failed to meet the statutory quorum of 30 members at AGMs, attracting penalty under Section 450. Directors were also fined ₹50,000 each for non-compliance.

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