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Archive: 21 May 2026

Posts in 21 May 2026

GST Order Quashed as Successor Officer Passed Order Without Fresh Personal Hearing

May 21, 2026 342 Views 0 comment Print

The Delhi High Court held that an adjudication order passed by an officer who never personally heard the assessee violates principles of natural justice. The Court ruled that “one who hears must decide” and remanded the matter for fresh adjudication.

GSTAT Orders Physical Service Due to Failure of Portal & Email Communication

May 21, 2026 438 Views 0 comment Print

GSTAT directed service through registered post/speed post after notices sent via portal and email failed to receive any effective response from the Department. The Tribunal held that Section 169 of the CGST Act permits cumulative modes of service to ensure proper adjudication and natural justice.

Article 20 Protects Against Retrospective Punishment, Double Jeopardy & Self-Incrimination

May 21, 2026 372 Views 0 comment Print

The constitutional safeguard under Article 20 prevents authorities from imposing harsher punishments than those prescribed when the offence occurred. Judicial precedents reaffirmed that penal laws operate prospectively in criminal matters.

ROC Imposes Penalty for Filing Wrong Balance Sheet in AOC-4 Form

May 21, 2026 405 Views 0 comment Print

The ROC held that attaching an incorrect balance sheet while filing Form AOC-4 amounts to non-compliance under Section 137(1). The company and its directors were penalized for defective filing of financial statements.

ROC Imposes Penalty for Not Holding Mandatory Board Meetings Under Companies Act

May 21, 2026 273 Views 0 comment Print

ROC Patna imposed penalties after a company failed to prove that Board Meetings were held as required under Section 173(1). Absence of minutes and non-filing of MGT-7 became key reasons for the adjudication action.

ROC Imposes Maximum Penalty for Failure to Maintain Registered Office

May 21, 2026 294 Views 0 comment Print

ROC Patna penalised a company and its managing director after physical verification revealed that the registered office was not functioning at the recorded address. The order highlights strict compliance requirements under Section 12 of the Companies Act, 2013.

IFSC Insurance Offices Must Follow Retrocession Limits on Global Reinsurance Business: IFSCA

May 21, 2026 330 Views 0 comment Print

The IFSCA clarified that retrocession and retention requirements apply to the entire gross reinsurance premium of IFSC Insurance Offices, including international business generated outside India. The guidance also explains compliance responsibilities of MGAs and foreign reinsurers.

Re-Insurance of General Insurance Business Falls Within General Insurance Framework: IFSCa

May 21, 2026 243 Views 0 comment Print

The authority observed that except life insurance, other insurance segments under IFSCA regulations align with the statutory definition of general insurance business. The decision clarifies the legal position for re-insurance entities operating in IFSC jurisdictions.

ROC Imposes Penalty for Incorrect AOC-4 Filing Despite Rectification Request

May 21, 2026 198 Views 0 comment Print

ROC imposed penalties after a company incorrectly mentioned the financial year period while filing Form AOC-4 on the MCA portal. The ruling highlights the importance of accuracy in statutory electronic filings.

ROC Imposes Penalty for Delay in Filing MR-2 for Managing Director Appointment

May 21, 2026 210 Views 0 comment Print

ROC Haryana penalized a company and its officers for filing e-Form MR-2 beyond the prescribed 90-day period after appointing a Managing Director. The order highlights strict compliance requirements under Section 196 and Rule 7(3) of the Companies Act framework.

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