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Archive: February, 2026

Posts in February, 2026

Article 265 & Constitutional Limits on Taxation Power in India: A Shield against Arbitrary Taxation

February 24, 2026 738 Views 0 comment Print

Article 265 mandates that taxation must have legislative authority. The article explains how it protects citizens from arbitrary executive levies.

Taxation of Digital Economy in India: Are Equalisation Levy & Digital Taxation Enough?

February 24, 2026 255 Views 0 comment Print

Examines whether India’s Equalisation Levy effectively addresses digital taxation challenges, highlighting its strengths, structural limits, and alignment with emerging global reforms.

ROC Imposes ₹8 Lakh Penalty for Failure to Timely Appoint Independent Directors

February 23, 2026 369 Views 0 comment Print

ROC Ahmedabad imposed penalties after finding prolonged non-compliance with mandatory Independent Director requirements. The ruling underscores that delay in board composition compliance attracts adjudication under Section 454.

ROC Mumbai Imposes Penalty for Incorrect AGM Date Mentioned in AOC-4 Filing

February 23, 2026 1419 Views 0 comment Print

The ROC Mumbai imposed a ₹10,000 penalty under Section 450 after an incorrect AGM date was mentioned in Form AOC-4. The order clarifies that authorized signatories are liable for inaccuracies in digitally signed e-forms, even if errors are inadvertent.

Possession without Occupancy Certificate cannot be forced upon homebuyers

February 23, 2026 1074 Views 0 comment Print

Supreme Court held that possession without an Occupancy Certificate cannot be forced upon the homebuyers. Accordingly, orders of NCDRC are affirmed and held that appellant shall continue to pay compensation as determined by the NCDRC without any default.

Prior testimony not admissible u/s. 33 of Indian Evidence Act as unavailability of witness not proved

February 23, 2026 3447 Views 0 comment Print

Delhi High Court held that prior testimony inadmissible under section 33 of the Indian Evidence Act, 1872 since prosecution didn’t prove that witness is unavailability for post charge cross-examination. Accordingly, appeal is dismissed.

Delaying CIRP due to settlement proposal without CoC approval is not justifiable

February 23, 2026 465 Views 0 comment Print

Supreme Court held that commercial wisdom of Committee of Creditors [CoC] is non-justiciable. Stalling CIRP on account of settlement proposal without approval by CoC is not justifiable.

Amendment application in company law not allowable as order doesn’t record any reasoning

February 23, 2026 291 Views 0 comment Print

NCLAT Chennai amendment application in company law matter not allowable since the order doesn’t record any reasoning. Accordingly, order stand quashed and question of maintainability is remitted back to be considered afresh.

Arrest Illegal if Written Grounds Not Supplied Before Remand: Supreme Court

February 23, 2026 786 Views 0 comment Print

The Supreme Court held that grounds of arrest must be furnished in writing and at least two hours before remand, failing which the arrest and custody become illegal.

No Separate GST Registration required if No Fixed Establishment Exists: AAR Rajasthan

February 23, 2026 636 Views 0 comment Print

The Authority held that a works contractor registered in Uttar Pradesh is not required to obtain separate GST registration in Rajasthan for a turnkey substation project. As no fixed establishment existed in Rajasthan, the location of supplier remained Uttar Pradesh.

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