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Archive: March, 2026

Posts in March, 2026

ROC imposes Penalty for Filing PAS-3 with Incomplete Allottee Details

March 3, 2026 273 Views 0 comment Print

ROC held that failure to disclose PAN and email IDs of allottees in the PAS-3 attachment violates Rule 14(6), attracting penalty under Section 450 of the Companies Act.

ROC Order: Penalty Levied for Delayed Filing of MGT-7 Annual Return

March 3, 2026 360 Views 0 comment Print

The Registrar of Companies imposed penalties after a company filed its annual return 245 days late in violation of Section 92 of the Companies Act, 2013. Despite claims of an inadvertent procedural lapse, the adjudicating authority held the company and its directors liable and levied monetary penalties.

ROC Imposes Penalty for Failure to Mention Allottees’ Occupation in PAS-3 Filing

March 3, 2026 252 Views 0 comment Print

The adjudicating authority held that failure to disclose the occupation of allottees in Form PAS-3 violates Rule 12(2). A penalty was imposed under Section 450 for non-compliance with disclosure requirements.

₹7 Lakh Penalty for Delay in Filing Beneficial Ownership Return under Companies Act

March 3, 2026 294 Views 0 comment Print

ROC held that failure to file Form MGT-6 within 30 days after receiving beneficial ownership declarations violates Section 89(6), attracting maximum penalties on the company and its director.

GST on Recipient for “Non-Existent” Supplier: Legal Position & Case Law

March 2, 2026 7689 Views 5 comments Print

Courts have questioned the practice of denying ITC by calling suppliers “non-existent” while simultaneously taxing outward supplies. The emerging judicial view protects bona fide buyers and rejects inconsistent fact-finding that causes cascading taxation.

Reassessment Notice Quashed as Issued Beyond Surviving Limitation Under TOLA and Section 149

March 2, 2026 1371 Views 0 comment Print

The High Court held that only 30 days of limitation survived after applying TOLA and Supreme Court rulings. Notices issued after expiry of the surviving period were declared time-barred.

Seismic survey services in connection with oil exploration is not in nature of FTS/Royalty

March 2, 2026 405 Views 0 comment Print

Delhi High Court held that seismic survey services in connection with exploration of oil cannot be held to be in nature of Fees for Technical Services [FTS]/Royalty and hence not covered under section 44DA of the Income Tax Act. Accordingly, writ petition is allowed.

Appeal Rejected as Not Maintainable Because Filed Before Incorrect ITAT Bench

March 2, 2026 2184 Views 0 comment Print

The Tribunal held that an appeal filed before a Bench lacking territorial jurisdiction is not maintainable and cannot be transferred. Liberty was granted to approach the correct Bench with a delay condonation petition.

No TDS on Excess Interest Spread as Originator Not an Investor Under Section 194LBC

March 2, 2026 444 Views 0 comment Print

The Tribunal held that EIS paid to originators is not subject to TDS because the originator had not subscribed to PTCs and was not an investor. Since statutory conditions under Section 194LBC were not met, demand under Sections 201 and 201(1A) was deleted.

Calcutta HC Orders Re-evaluation of Income Tax Refund Claim Because Records Date Back Three Decades

March 2, 2026 486 Views 0 comment Print

The Court directed the PCCIT to appoint a senior officer to re-examine a refund claim where both parties lacked decades-old records. A reasoned decision must be taken to ensure any legitimate refund is not denied.

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