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Archive: February, 2026

Posts in February, 2026

Penalty Leviable for Starting New Business Without Updating Object Clause: ROC Kanpur

February 4, 2026 1218 Views 0 comment Print

The ROC held that undertaking new activities without prior amendment of the Memorandum breaches Section 4(1)(c). Even subsequent regularisation does not erase liability for the period of non-compliance.

MCA imposes Penalty on Auditor for Failure to Report registered charges

February 4, 2026 798 Views 0 comment Print

The order addresses an auditor’s omission to flag registered charges despite contrary financial disclosures. It confirms that such reporting lapses invite penalties under company law.

Penalty Imposed for Incorrect Display of Registered Office Address on company signboard

February 4, 2026 432 Views 0 comment Print

The Registrar held that failure to display the exact registered office address on the company signboard violates Section 12 of the Companies Act. Even after rectification, penalties were upheld for the period during which the default continued.

NCLAT Quashed Insolvency Order as Creditor Agrees to Fresh Window for Repayment Plan Submission

February 4, 2026 1176 Views 0 comment Print

The appellate tribunal quashed orders permitting bankruptcy against personal guarantors after a creditor consented to grant additional time to submit repayment plans under the insolvency framework.

ITAT Delhi Rejected Accommodation Entry Allegation for Lack of Contradictory Evidence

February 4, 2026 474 Views 0 comment Print

The Tribunal upheld deletion of additions after finding that sales receipts were supported by banking records, invoices, and audited books, with no contrary evidence from the tax department.

Allahabad HC Set Aside GST Proceedings Due to Violation of Natural Justice in Notice Service

February 4, 2026 558 Views 0 comment Print

The High Court set aside GST orders where the show cause notice was served only on the portal after cancellation of registration, holding that principles of natural justice were violated.

DRAT Set Aside SARFAESI Auction for Failure to Serve Possession & Sale Notices Properly

February 4, 2026 621 Views 0 comment Print

The appellate tribunal upheld cancellation of enforcement proceedings after finding violations in service of possession and sale notices, emphasizing strict compliance with statutory rules.

Stay on Recovery via SARFAESI Plea Without Jurisdiction When Alternate Appeal Remedy Exists: DRAT

February 4, 2026 273 Views 0 comment Print

The appellate tribunal held that staying recovery proceedings through a SARFAESI application was without jurisdiction when an alternative appeal remedy under the RDDBFI Act was available.

Deposit Cannot Change GST Offence Nature, Bail Sustained on Merits: Rajasthan HC

February 4, 2026 1152 Views 0 comment Print

The court ruled that depositing money does not convert a non-bailable GST offence into a bailable one, yet upheld bail considering custody, punishment limits, and surrounding circumstances.

GST appeal refiled within CBIC amnesty period cannot be dismissed on limitation: Calcutta HC

February 4, 2026 288 Views 0 comment Print

The court held that an appeal refiled within the CBIC amnesty period could not be dismissed on limitation. The appellate order was set aside and the appeal restored for fresh consideration.

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