HC ruled against petitioner companies seeking refund of ...

Companies Must Pay Late Filing Fees Despite Administrative Circular as Statutory 30-Day Window Under Section 137 Prevails

January 31, 2025

Case Laws Companies Law HC

HC ruled against petitioner companies seeking refund of additional fees charged for delayed financial statement filing. Companies held AGM on 29.10.2019 within statutory period but failed to submit financial statements within mandatory 30-day window per Section 137 of Companies Act. Court determined that administrative circular dated 29.10.2019 extending filing deadline to 30.11.2019 cannot override statutory timeframes. Circular only applied to companies with ROC-approved AGM extensions beyond September 30. Penalty imposed from 30.10.2019 was upheld as legally valid since administrative directives cannot amend statutory provisions. Court emphasized that Section 403 mandates penalties of minimum Rs.100/day for late filings without discretionary waiver options.

View Source

← Previous Next →

HC ruled against petitioner companies seeking refund of ...

Companies Must Pay Late Filing Fees Despite Administrative Circular as Statutory 30-Day Window Under Section 137 Prevails

January 31, 2025

Case Laws Companies Law HC

You may also like:

Challenge to order u/s 62 of GST Act, 2017 - petitioner's case of being a small dealer who failed to notice the order. Held that rigors of sub-section 2 to Section 62...

Seeking Condonation of Delay of 14 days in filing of the Appeal - It is really strange that the agency of the Government failed to seek the required information within...

CESTAT, an Appellate Tribunal, ruled on a case regarding refund of service tax on export pass fee u/s N/N. 30/2012-S.T. The Tribunal held that the appellant is not...

Amnesty scheme - Failure to file annual returns from financial year 2018-2019 till 01.04.2023, but filed before 31.08.2023. Justification for continuing notices for...

Demand of late fee u/s 47(1) of the CGST / SGST Act - delay in filing of returns - Amnesty Scheme - GST portal does not support payment of late fee for late filing...

The assessee failed to file the quarterly returns of TDS within the prescribed time for the period Q3 of FY 2012-2013. Consequently, the Deputy Director of Income Tax,...

Deactivation of DIN of the Directors - The RoC is directed to, reactivate the DIN of the Director forthwith, by collecting fine/ penalty, if any, for the lapse of the...

The HC allowed the writ petition challenging the dismissal of an appeal under Article 226 of the Constitution as time-barred. It held that statutory limitation...

Maintainability of appeal u/s 107 against cancellation of GST registration due to non-filing of returns discussed. Delay in filing appeal could have been condoned under...

Levy of late fee charges - provision for purging the Bill of Entry - In fact, the expression purging is neither found in the Act nor in the aforesaid Regulation....

This case deals with the validity of assessment proceedings initiated against an amalgamated company for the assessment year 2018-19. The key points are: The Assessing...

Levy late fee u/s 234E - intimation u/s 200A - late fee imposed prior to 01.06.2015 - Section 234E of the Act by itself creates a liability and the liability to pay the...

Late fee levied u/s.234E - As far as other returns filed by the assessee for the FY 2013-14 relevant to the AY 2014- 15, all returns were filed and processed before...

Benefit of Reduction of late fee in case of delayed filing of FORM GSTR-5A withdrawn.

The Tribunal held that late filing fee u/s 234E was not leviable on the assessee. The assessee had filed the relevant return within the due date on 22.10.2021, which was...

Quick Updates: