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Archive: February, 2026

Posts in February, 2026

ITAT Mumbai Held Electronic Advance Tax Payment Timely Despite Next-Day Challan Generation

February 9, 2026 330 Views 0 comment Print

The Tribunal held that advance tax cannot be treated as delayed when the amount is debited from the taxpayer’s bank account on the due date. Interest under Section 234C was quashed as the delay in challan generation was beyond the assessee’s control.

DRAT Set Aside SARFAESI Auction for Sale Below Distress Value & Rule 8(6) Violation

February 9, 2026 600 Views 0 comment Print

The Tribunal held that sale of property below the distress value fixed by the bank’s own valuer is impermissible under SARFAESI. The auction and all subsequent actions were set aside.

Calcutta HC Set Aside GST Demand Due to Non-Supply of Seized Records & Hearing Lapse

February 9, 2026 420 Views 0 comment Print

The court halted enforcement of a GST demand after finding that seized documents and a computer were not returned, denying a fair hearing and effective defence.

NCLAT Delhi Dismisses Plea to Revive CIRP After Corporate Debtor Clears Part IV Dues

February 9, 2026 207 Views 0 comment Print

The Appellate Tribunal held that insolvency proceedings cannot be revived once the entire default amount claimed in Part IV is paid. Disputes limited to pendente lite interest were held insufficient to restart CIRP.

Madras HC Set Aside GSTR-2A vs 3B Mismatch Demand Due to Retrospective ITC Amendment

February 9, 2026 681 Views 0 comment Print

The High Court quashed a GST demand where part of the liability arose from belated ITC and part from return mismatch, directing fresh adjudication in light of retrospective statutory amendments.

NCLAT Delhi Rejected Resolution Plan Due to Inadequate Valuation & Missing Asset Details

February 9, 2026 252 Views 0 comment Print

The appellate tribunal upheld rejection of a resolution plan where balance sheets lacked details and assets were valued at NIL. The ruling affirms that plans must be supported by transparent and credible financial disclosures.

Benami Finding Upheld Where Registered Owner Lacked Financial Capacity: SAFEMA Delhi

February 9, 2026 243 Views 0 comment Print

The Tribunal dismissed the appeal after finding that bank records, agreements, and admissions established benami elements. Procedural objections were held insufficient to override substantive findings.

ROC Bangalore imposes ₹3.96 Lakh Penalty for Holding Two DINs for 8 Years

February 9, 2026 336 Views 0 comment Print

The ROC Bangalore held that obtaining and retaining a second DIN in violation of Section 155 of the Companies Act attracts penalty under Section 159. Despite the error being inadvertent and later rectified, the prolonged default of 3075 days resulted in a reduced but substantial penalty.

ROC Bangalore imposes Penalty for Second DIN Held Inadvertently

February 9, 2026 255 Views 0 comment Print

The ROC Bangalore imposed penalty for holding two Director Identification Numbers in violation of Section 155 of the Companies Act, 2013. Even though the second DIN was obtained inadvertently and later surrendered, the continuing default for 1227 days attracted adjudication and monetary penalty.

SC Refuses to Entertain Time-Barred Tax Reopening Dispute Due to Filing Delay

February 9, 2026 444 Views 0 comment Print

The Supreme Court held that reassessment notices cannot be issued if limitation had expired under the old regime. The ruling affirms that the first proviso to Section 149 prevents retrospective reopening of assessments.

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