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Archive: January, 2026

Posts in January, 2026

Prolonged Pre-Trial Detention Violates Article 21 Even in PMLA Cases: SC

January 7, 2026 324 Views 0 comment Print

The Supreme Court held that extended incarceration without trial commencement breaches the right to life and speedy trial. Statutory bail restrictions cannot justify indefinite custody when proceedings show no real progress.

TDS credit reflected in 26AS cannot be denied for procedural lapse: ITAT Mumbai

January 7, 2026 837 Views 0 comment Print

ITAT Mumbai held that TDS credit duly reflected in Form 26AS cannot be denied just because of some procedural lapse. Accordingly, order is set aside and the present appeal is allowed.

GST: Compensation Ordered as Seized Silver and Cash Were Lost in Police Custody

January 7, 2026 519 Views 0 comment Print

Andhra Pradesh High Court held that State becomes liable to compensation on account of theft of seized silver and cash which was carried out in the police station. Accordingly, the writ petition is allowed.

ITC Refund Claim Allowed as Electricity Was Supplied Directly to Bangladesh Entity

January 7, 2026 525 Views 0 comment Print

Andhra Pradesh High Court held that supply of electricity by petitioner to Power Trading Corporation of India is not export supply of goods and hence refund is not admissible. However, directed to claim refund of ITC relating to supply of electricity directly to Bangladesh Power Development Board.

Section 7 Application Admitted Because Grace Period Did Not Defer Default: NCLAT

January 7, 2026 483 Views 0 comment Print

NCLAT Delhi held that the contractual grace period did not postpone the “occurrence” of default, it merely gave the debtor additional time to rectify it before triggering the contractual consequences. Thus, application u/s. 7 not being barred by section 10A is rightly admitted.

MCA imposes Penalty for missing PAN or email details of Allottee in PAS-3  

January 7, 2026 555 Views 0 comment Print

The issue was failure to provide full allottee particulars in PAS-3. The key takeaway is that missing PAN or email details can trigger penalties under Section 450.

Penalty Imposed for 1,017-Day Delay in Filing Board Resolution in MGT-14

January 7, 2026 309 Views 0 comment Print

The issue involved prolonged delay in filing Form MGT-14 for approval of annual accounts. The authority held that such delay attracts residuary penalty despite subsequent compliance.

Penalty Levied for 1316-Day Delay in Filing Board Resolution

January 7, 2026 249 Views 0 comment Print

This matter examined consequences of not filing a mandatory Board Resolution. The authority held that later compliance does not erase liability for earlier default.

MCA imposes Penalty for Non-Compliance with Director Retirement Rules

January 7, 2026 882 Views 0 comment Print

The adjudicating authority held that failure to maintain the required number of directors liable to retire by rotation violates Section 152(6)(a). A monetary penalty was imposed on the officer in default despite suo motu disclosure.

Penalty Levied for Delay in Appointing Mandatory Woman Director

January 7, 2026 273 Views 0 comment Print

The case addressed failure to appoint a woman director within the statutory timeline. The authority held the company and its officers liable under the residuary penalty provision.

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