Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
The NCLAT upheld the impugned order dated 02.04.2025, affirming it as a continuation of prior directions rather than a review or recall prohibited under Section 420(2) of the Companies Act, 2013. The Tribunal found no justification for conducting a Secretarial Audit given the absence of evidence that financial statements were ever filed with the ROC for the period 2015-2023. The appellant failed to produce any material disputing the PCS report, which confirmed that the company was non-operational and thus ineligible for such audit. The appellant's reliance on pleadings without judicial scrutiny or evidential support was rejected. Consequently, the order dispensing with the Secretarial Audit was deemed judicious and based on a proper appreciation of the record. The appeal was dismissed in its entirety for lack of merit.
The NCLAT upheld the impugned order dated 02.04.2025, affirming it as a continuation of prior directions rather than a review or recall prohibited under Section 420(2) of the Companies Act, 2013. The Tribunal found no justification for conducting a Secretarial Audit given the absence of evidence that financial statements were ever filed with the ROC for the period 2015-2023. The appellant failed to produce any material disputing the PCS report, which confirmed that the company was non-operational and thus ineligible for such audit. The appellant's reliance on pleadings without judicial scrutiny or evidential support was rejected. Consequently, the order dispensing with the Secretarial Audit was deemed judicious and based on a proper appreciation of the record. The appeal was dismissed in its entirety for lack of merit.
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