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Archive: February, 2026

Posts in February, 2026

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 264 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.

ITAT Bangalore Quashes U/s 143(3) Assessment for Want of U/s 153C Jurisdiction

February 20, 2026 396 Views 0 comment Print

The ITAT Bangalore held that where incriminating documents relating to an assessee are found during a search conducted on another person, the assessment must be framed under Section 153C and not under Section 143(3).

ITAT Bangalore Deletes Section 271D Penalty on Cash Sale Receipt

February 20, 2026 3120 Views 0 comment Print

The ITAT Bangalore held that cash received as part of sale consideration for immovable property does not automatically attract penalty under Section 271D if reasonable cause is established under Section 273B.

ITAT Bangalore Deletes Section 271FAA Penalty for SFT Delay

February 20, 2026 570 Views 0 comment Print

The ITAT Bangalore held that penalty under Section 271FAA cannot be imposed mechanically where delay in filing the correction statement of financial transactions (Form 61A) is caused by genuine technical and administrative difficulties.

Second OGE Non-Est; Two U/s 143(3) r.w.s. 254 Orders for Same AY Invalid – Revenue Appeals Dismissed by ITAT Bangalore

February 20, 2026 417 Views 0 comment Print

The ITAT Bangalore held that once an Order Giving Effect (OGE) is passed under section 143(3) r.w.s. 254, the Assessing Officer cannot issue a second order for the same assessment year. The Tribunal declared the second OGE non-est and without jurisdiction, dismissing the Revenue’s appeals.

Prosecution for Delayed Self-Assessment Tax Not Ground to Deny Vivad se Vishwas Relief

February 20, 2026 192 Views 0 comment Print

The Bombay High Court quashed Question No.73 of Circular 21/2020, holding that prosecution unrelated to tax arrear cannot bar settlement under the Vivad se Vishwas Act. The ruling clarifies that exclusion applies only to tax arrears linked to prosecution.

Agricultural Income: Exemption and Tax Treatment Explained

February 20, 2026 2190 Views 1 comment Print

This article explains what qualifies as agricultural income under Section 2(1A), why it is exempt under Section 10(1), and how partial integration affects taxpayers with mixed income. It clarifies judicial interpretations and practical examples to prevent misuse and ensure correct tax treatment.

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