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

February 9, 2026 1068 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 633 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 279 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 984 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 393 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 333 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.

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

February 9, 2026 570 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.

SC Restored Bail Due to Limited Need for Custodial Interrogation in GST Fraud Case

February 9, 2026 450 Views 0 comment Print

The Supreme Court restored bail to one accused after noting prior custodial interrogation, while permitting limited custody of the other. The ruling balances procedural compliance with individual circumstances in GST-related offences.

SC Declines to Entertain delayed Revenue SLIP on Denial of Exemption for Late Form Filing

February 9, 2026 606 Views 0 comment Print

The Supreme Court refused to condone a 237-day delay and dismissed the SLP, also holding that the case lacked merit. The ruling underscores strict scrutiny of delay condonation.

Gujarat HC Allowed Section 11 Exemption Despite Late filing of Form 10B

February 9, 2026 684 Views 0 comment Print

The High Court held that delayed filing of Form 10B is a procedural lapse and does not justify denial of charitable exemption. Trusts otherwise compliant with audit requirements remain eligible for Section 11 benefits.

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