• Can entries of 26 AS be used as admission of debt while invoking insolvency code ?

My company is fighting insolvency case against a Public limited company who owns us close to 2 crores in payment. We do have their ledger in mail but due to application of limitation our case has become weak. We do have 26AS records as bill booked by them on their own.I would be happy if somebody could throw some light whether 26 AS could stand legal scrutiny in courts while invoking corporate insolvency?
Asked 7 years ago in Business Law

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16 Answers

Form 26AS reflects  the details of your income (on which taxes have been deducted) as well as the taxes that have been paid by or on your behalf by the deductor  to the Government treasury. 


 

2) it would stand legal scrutiny in courts while invoking corporate insolvency 

 

Ajay Sethi
Advocate, Mumbai
99931 Answers
8157 Consultations

Yes you can use them in NCLT.

Prashant Nayak
Advocate, Mumbai
34630 Answers
249 Consultations

Dear Client,

Limitation Act Applicable To Applications Filed Under Sections 7 and 9 Of Insolvency and Bankruptcy Code From The Inception Of The Code.

Annual Statement relevant document to prove loan but some corroborative evidence will also require.

Loan due from which date ?

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Sir, 26AS related TDS certificates and producing these we can demonstrate as to on what payment the TDS was deposited and subsequently deducted under which provision of the income tax act. This will also further demonstrate the nature of the debt whether on the interest mount of loan or otherwise. This can validly be placed before the tribunal.

Mayank Sapre
Advocate, New Delhi
256 Answers

Yes 26AS is for the tax credit and it can be used in the insolvency proceedings further for limitation there is Bombay high court judgement which says if the cause it continuous the limitation shall not apply.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Then you definitely have a case against them. If they owe you debt for the services you have given, you are well placed to place 26AS, however just be sure of the nature of their 26AS

Mayank Sapre
Advocate, New Delhi
256 Answers

But Insolvency code enacted in 2016, hence IP is in limitation. And you must have invoices issued by defaulter company, valid document to process insolvency process on the basis of it. AS26 is additional evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

you ought to have filed summary suit under order XXXVII of code of civil procedure to recover your money with interest within period of 3 years 

 

2) in alternative filed winding up petition 

 

3) in order to save limitation acknowledgment of liability is required from the debtor company 

 

 

 

 

Ajay Sethi
Advocate, Mumbai
99931 Answers
8157 Consultations

26AS enteries are your own enteries and hence can not be solely relied upon to show any credit due upon you.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Ok you can do the needful.

Prashant Nayak
Advocate, Mumbai
34630 Answers
249 Consultations

Through bills agreements and transactions you can show your credit.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. A 26AS statement reflects the TDS deducted by the person making payment to the recipient 

2. now TDS will be deducted from the payment being made only when the party paying has some debt or other liability towards the party receiving the payment

3. if that is so, then in my view, ofcourse the 26AS statement can be used by the creditor to show that amounts are due to him from the debtor party 

4. as the payments to your company have been pending since April 2013, you can always say that the repayment terms were mutually extended by the parties orally from time to time. This is to get away from the bar of limitation so that your claim is not adjudged as a stale claim

5. the question whether the repayment terms were orally extended will be decided by NCLT at time of hearing based on the documents and materials placed before the court 

6. you can also make use of the fact that in your books of account you had been showing the amount due to you from the company as an asset or receivable all throughout which would go to show that the loan is not written off and is still subsisting 

Yusuf Rampurawala
Advocate, Mumbai
7913 Answers
79 Consultations

See if you can establish before court there is regular transaction and acknowledgment from your side and regular promise from there side to pay then continuous cause can be contented.

https://barandbench.com/applicability-of-limitation-to-insolvency-applications-nclt-mumbai-carves-out-exception/

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. IF you have maintained consistent & continuous Demand Notices to the opposite party THEN coupled with the AS26 records, it does not become time barred and would circumvent the Limitation Act, AND a civil suit would be maintainable for recovery of pending dues.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Form 26AS displays various taxes that are deducted from your income by your employer, bank, or your tenant. It also displays your advance tax or any self-assessment tax that have been paid during financial year during that year. The tax that is collected at source (any form of source like bank, employer etc.). It also contains the details of income tax refunds that you have received from your tax department during financial year. It also has a column showing AIR transactions details. AIR is the Annual Information Return which is filed by your bank in case you have entered into some specified transaction. 

Thus from the form 26 AS, you will be able to highlight before court that the company had the said transaction in that particular financial year. 

Can you prove the income of the company by this statement in order to recover your amount, in my opinion, this statement may not be entertained by court until it is authenticity is proved through company or its author or the bank official, in any case this may not be able to provide the desired relief, discuss with your advocate before venturing into such activities.

 

T Kalaiselvan
Advocate, Vellore
90132 Answers
2503 Consultations

You may concentrate on the routine methods of  recovery available before you so that you dont get diverted and that becomes fatal to your own case.

T Kalaiselvan
Advocate, Vellore
90132 Answers
2503 Consultations

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