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Archive: 20 February 2026

Posts in 20 February 2026

ITAT Deletes Section 68 Addition as AO Relied Solely on Generalized Penny Stock Report

February 20, 2026 4935 Views 0 comment Print

The Tribunal held that mere reliance on an Investigation Wing report without linking the assessee to price manipulation cannot justify treating LTCG as bogus. Documentary evidence and banking transactions supported genuineness.

Areca nuts treated as prohibited as imported below Minimum Import Price: Absolute confiscation justified

February 20, 2026 390 Views 0 comment Print

Delhi High Court held that absolute confiscation as ordered is justifiable in view of import of Areca Nuts below Minimum Import Price condition. Accordingly, extraordinary jurisdiction under Article 226 of the Constitution not warranted and hence writ petition stands dismissed.

ITAT Restores Appeal After Wrongful Dismissal for Non-Payment of Advance Tax

February 20, 2026 378 Views 0 comment Print

The Tribunal held that Section 249(4)(b) does not apply in reassessment where no advance tax liability existed, setting aside dismissal of appeal and restoring it for decision on merits.

Refund of GST paid erroneously cannot be denied solely on ground of limitation

February 20, 2026 954 Views 0 comment Print

Orissa High Court held that refund claimed in respect of tax paid erroneously or under mistaken notion cannot be denied solely on the ground of limitation stipulated in section 54 of the GST Act. Accordingly, refund of taxes deposited twice is allowed and order rejection refund is quashed.

An Analysis of SEBI’s Cyber Security and Cyber Resilience Framework

February 20, 2026 387 Views 0 comment Print

SEBI’s amended cyber resilience framework strengthens governance by formalizing roles of CTO and CISO and restructuring reporting lines within MIIs. However, the absence of clear individual liability creates an accountability gap despite enhanced oversight mechanisms.

ROC Cuttack Penalizes Company and Director for Incorrect Annual Return Data

February 20, 2026 330 Views 0 comment Print

A mismatch in paid-up capital disclosure in the annual return led to penalty proceedings under Section 454. The decision emphasizes that compliance failures in MCA filings, even if unintentional, invite statutory penalties.

Penalty Imposed for Incorrect AOC-4 Filing as Clerical Error Does Not Erase Contravention

February 20, 2026 1377 Views 0 comment Print

A company was penalized for incorrectly selecting its OPC/Small Company status in Form AOC-4. The adjudicating authority clarified that MCA records are statutory public documents and inaccuracies attract liability despite claims of clerical error. Rectification does not nullify the offence.

Director Penalized for Incorrect AGM Date in MGT-7A Filing Under Rule 8(3)

February 20, 2026 234 Views 0 comment Print

ROC Pune imposed a penalty after a typographical error led to incorrect AGM details in Form MGT-7A. Although the AGM was duly held, incorrect filing attracted liability under Section 450. The director was fined ₹5,000 considering the company’s small status.

Director Penalized for Holding Two DINs in Violation of Section 155

February 20, 2026 252 Views 0 comment Print

The adjudicating officer found that holding multiple DINs contravened Section 155 of the Companies Act. Despite the director’s claim of inadvertence and voluntary surrender, a reduced penalty of 50% of the maximum was levied.

Service Tax payable on University Affiliation Fees as Not Covered Under Negative List: Madras HC

February 20, 2026 261 Views 0 comment Print

The Court held that affiliation and inspection services do not qualify as “education” under Section 66D(l)(ii) and are taxable. The writ was dismissed for delay and lack of exemption eligibility.

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