Penalty recovery and settlement framework expands with certificate enforcement, structured compromise, and mandatory pre-deposit for appeals. Recovery of penalties under the Companies Act is enabled through a certificate-based mechanism where the Recovery Officer may enforce unpaid amounts by attachment and sale of movable or immovable property, attachment of bank accounts, arrest and detention, or appointment of a receiver. The provision incorporates the recovery machinery of the Income-tax Act and its certificate proceedings rules with necessary modifications, extends recovery to property or monies transferred without adequate consideration to specified relatives, and treats references to the assessee and appellate provisions as references to the person named in the certificate and the appellate authority under the Act. Interest for recovery purposes runs from the date the amount became payable, and the Recovery Officer may seek local district administration assistance.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Penalty recovery and settlement framework expands with certificate enforcement, structured compromise, and mandatory pre-deposit for appeals.
Recovery of penalties under the Companies Act is enabled through a certificate-based mechanism where the Recovery Officer may enforce unpaid amounts by attachment and sale of movable or immovable property, attachment of bank accounts, arrest and detention, or appointment of a receiver. The provision incorporates the recovery machinery of the Income-tax Act and its certificate proceedings rules with necessary modifications, extends recovery to property or monies transferred without adequate consideration to specified relatives, and treats references to the assessee and appellate provisions as references to the person named in the certificate and the appellate authority under the Act. Interest for recovery purposes runs from the date the amount became payable, and the Recovery Officer may seek local district administration assistance.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.