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.
The Registrar of Companies imposed penalties for non-filing of AOC-4 for two consecutive financial years. The key takeaway is that financial difficulty is not a valid defence for statutory filing defaults.
The Tribunal held that increasing base prices after a GST rate reduction defeated the statutory mandate of Section 171. Profiteering was confirmed as the benefit of tax reduction was not passed on to consumers.
The adjudicating authority held that non-filing of Form AOC-4 for consecutive years violates Section 137 of the Companies Act. Financial difficulty was rejected as a valid defence, and penalties were upheld against both the company and its officers.
