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Archive: April, 2026

Posts in April, 2026

Corporate Insolvency Resolution Process (CIRP) under India’s IBC, 2016 

April 8, 2026 498 Views 0 comment Print

The case examines whether insolvency must be admitted upon default. The Supreme Court held that tribunals have discretion to consider financial health, emphasizing revival over automatic admission

Death of Assessment Year: Structural Reform or Mere Terminological Shift

April 8, 2026 1281 Views 4 comments Print

The issue was confusion due to separate previous and assessment years. The reform replaces them with a single Tax Year, simplifying references while retaining existing assessment timelines.

Failure to Constitute Audit and NRC Committees Leads to ₹10 Lakh Penalty

April 8, 2026 441 Views 0 comment Print

The company failed to form mandatory board committees for over four years. The authority held that each non-compliance attracts separate penalties.

Penalty Levied as Wrong Director Designation in DIR-12 Not Rectified for Years

April 8, 2026 348 Views 0 comment Print

The case involved incorrect filing of director designation in statutory records. The authority held that prolonged failure to rectify the error constituted a continuing default, attracting maximum penalty.

Maximum Penalty Imposed Due to 2804-Day Delay in Filing MR-1 Form

April 8, 2026 246 Views 0 comment Print

The case involved failure to file mandatory Form MR-1 for appointment of a Whole-Time Director. The authority held that prolonged non-compliance constituted a continuing default and imposed maximum penalties under Section 450.

Failure to Appoint Independent Directors for 1596 Days Leads to Maximum Penalty

April 8, 2026 249 Views 0 comment Print

The company delayed appointment of independent directors despite crossing the threshold. The authority held that prolonged non-compliance attracts maximum penalty under the Companies Act.

ROC imposes Penalty for Defective Board Minutes Despite No Malafide Intent

April 8, 2026 279 Views 0 comment Print

The issue involved non-compliance with statutory requirements for maintaining board meeting minutes. The authority held that procedural lapses still attract penalties under Section 118.

Penalty Dropped for Non-Receipt of Notices as Company Had Already Shifted Office

April 8, 2026 147 Views 0 comment Print

The authority dropped penalty proceedings after finding that the company had already shifted its registered office and the error was unintentional. Timely compliance and lack of mala fide intent proved crucial.

Oral Family Arrangements in India: Balancing Informality with Legal, Tax & Corporate Realities

April 8, 2026 510 Views 0 comment Print

Courts recognize oral family settlements if genuine and voluntary. However, lack of evidence or misuse for tax purposes can lead to rejection and legal complications.

No CAAR Decision on E-Scooter Parts Classification After Application Withdrawal

April 8, 2026 378 Views 0 comment Print

The case addresses withdrawal of an advance ruling request before its pronouncement. The authority permitted withdrawal under Regulation 20, leaving the classification and duty issues undecided.

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