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Archive: February, 2026

Posts in February, 2026

No disallowance under rule 8D(2)(ii) as interest-free own funds exceeds investment

February 6, 2026 405 Views 0 comment Print

ITAT Mumbai held that disallowance of interest expenditure under Rule 8D(2)(ii) of the Income Tax Rules is not sustainable since the assessee’s own interest-free funds were substantially higher than the investment. Accordingly, appeal of revenue dismissed and order of CIT(A) upheld.

Recall of sec. 7 admission order as related party nexus between Financial Creditor and Corporate Debtor pierces corporate veil

February 6, 2026 360 Views 0 comment Print

Section 7 application was initiated fraudulently and with malicious intent, in collusion between the Financial Creditor and the Corporate Debtor, for purposes other than genuine insolvency resolution.

Determination of Environment Damage Compensation should be based on Polluting Company’s Turnover

February 6, 2026 345 Views 0 comment Print

Project cost or turnover could constitute a relevant and permissible yardstick for quantification of environmental compensation, provided the determination was reasoned, proportionate and bears a rational nexus to the scale of violations.

Section 80G Approval Saved by 2024 Amendment — Late Filing No Longer Fatal

February 6, 2026 471 Views 0 comment Print

The ruling addressed whether a delayed application could survive after statutory change. The Tribunal directed fresh consideration by applying the liberalized timeline introduced by Finance Act, 2024.

Vivad-Se-Vishwas Didn’t Mature — Appeal Can’t Die by Assumption

February 6, 2026 897 Views 0 comment Print

ITAT Chennai held that merely opting for Vivad-Se-Vishwas does not end an appeal unless settlement is completed; dismissal by assumption was invalid and appeal was restored for merits adjudication.

Gujarat HC Set Aside GST Appeal Rejection for Ignoring Rectification Timeline

February 6, 2026 723 Views 0 comment Print

The High Court held that limitation for filing a GST appeal must be computed after disposal of a rectification application. Rejection of the appeal without examining this aspect was found invalid.

High Share Premium Alone Can’t Trigger Section 68 Addition: Calcutta HC

February 6, 2026 519 Views 0 comment Print

Addition under Section 68 cannot be sustained merely due to high share premium when investors are identifiable, traceable, and supported by audited financial records.

Penalty Imposed for Failure to Maintain Register of Members: ROC Ranchi

February 6, 2026 318 Views 0 comment Print

The adjudicating authority held that failure to maintain the statutory register of members is a clear violation of Section 88. Such non-compliance attracts monetary penalties on both the company and its directors.

MCA imposes Penalty for Failure to convene first and subsequent Board meetings

February 6, 2026 435 Views 0 comment Print

Authorities held that non-holding of Board meetings since incorporation is a serious governance lapse. Directors were personally penalised for violating mandatory meeting requirements under company law.

Section 80P Denial Collapses After Section 119(2)(b) Condonation – CPC Intimation Cannot Survive

February 6, 2026 339 Views 1 comment Print

ITAT Chennai held that once delay in filing return is condoned under section 119(2)(b), CPCs denial of deduction under section 80P collapses and relief must be granted.

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