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Archive: 16 April 2026

Posts in 16 April 2026

ROC Pune Imposes Penalty as Company Delayed Filing INC-20A After Share Capital Remittance Delay

April 16, 2026 384 Views 0 comment Print

ROC Pune penalized a company and its directors for failure to file commencement of business declaration within the prescribed period under Section 10A. The delay occurred after the foreign subscriber could not remit share capital due to SWIFT KYC issues.

Income Tax Notification Corrected Due to Technical Errors in Rules & References

April 16, 2026 1782 Views 0 comment Print

A corrigendum fixes multiple drafting and referencing mistakes in income tax rules. The update ensures clarity without altering substantive provisions.

Madras HC Allows Time-Barred GST Appeal Citing Minor 9-Day Delay & Illness

April 16, 2026 906 Views 0 comment Print

The issue was rejection of an appeal filed beyond the condonable period under GST law. The Court allowed reconsideration due to a minor nine-day delay supported by valid reasons.

No Proof of Importer’s Role in MRP Alteration: CESTAT Sets Aside CVD Demand

April 16, 2026 456 Views 0 comment Print

The Tribunal held that differential CVD cannot be demanded without evidence linking the importer to MRP alteration. Allegations based on assumptions and third-party actions were rejected.

No Service Tax Penalty if Tax & Interest Paid Pre-SCN & No Intent to Evade: CESTAT Hyderabad

April 16, 2026 525 Views 0 comment Print

The Tribunal held that no penalty is leviable where service tax and interest are paid before issuance of notice. Absence of fraud or suppression entitled the assessee to relief.

Section 271(1)(c) Penalty Invalid as AO Failed to Specify Charge: ITAT Delhi

April 16, 2026 744 Views 0 comment Print

The ITAT held that penalty proceedings are invalid where the Assessing Officer does not specify whether the charge is concealment or inaccurate particulars. The penalty was quashed due to lack of clarity and inconsistency.

CESTAT Allows Cenvat Credit on Pre-01.04.2011 Services; Invoice Timing Irrelevant if Services Rendered Earlier

April 16, 2026 546 Views 0 comment Print

The issue was denial of credit due to post-amendment invoicing. The Tribunal held that credit is admissible since services were completed before the cut-off date.

Appeal by Suspended Director in Corporate Debtor’s Name Not Maintainable Post-CIRP: SC

April 16, 2026 546 Views 0 comment Print

**SEO Description:** Supreme Court holds that an appeal filed by a suspended director in the name of the corporate debtor after admission of CIRP is not maintainable. It rules that such a fundamentally incompetent appeal cannot be cured or converted after expiry of limitation under Section 61(2) of the IBC, and sets aside NCLAT’s contrary approach.

SC Upholds Condonation of Form 10B Delay as delay was Due to Honest Oversight by CA 

April 16, 2026 1338 Views 0 comment Print

The Supreme Court declined to interfere with the High Court’s order condoning delay in filing Form 10B. It upheld that a genuine explanation and completed compliance justified relief.

Bombay HC Condones Form 10B Filing Delay Due to CA’s Unawareness of New Online System

April 16, 2026 966 Views 0 comment Print

The Court condoned a 687-day delay in filing Form 10B, accepting the explanation of unintentional oversight in online filing. It held that denial of exemption due to such delay would be unjust, especially for a charitable trust.

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