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Recent Case Laws

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2026 (8) TMI 1131

Regular bail in wrongful input tax credit prosecution may follow completed investigation and absence of need for further custody.

GST

2026 (8) TMI 1130

Bail pending trial granted where the accused had a limited mediator role and no criminal history.

GST

2026 (8) TMI 1129

GST registration cancellation requires specific allegations, meaningful hearing, and reasoned orders; apparent illegality permits writ review despite alternate remedies.

GST

2026 (8) TMI 1128

Portal notice access and natural justice require a meaningful response opportunity, requiring fresh adjudication after time-bar dismissal.

GST

2026 (8) TMI 1127

Fresh adjudication follows conditional disputed-tax deposit and documented reply despite expiry of appeal period and missed hearing.

GST

2026 (8) TMI 1126

Pre-trial bail in alleged input tax credit fraud requires concrete risks, not criminal antecedents alone, where trial delays persist.

GST

2026 (8) TMI 1115

Excessive delay in repeated tax litigation drew Supreme Court criticism for burdening judicial process with a frivolous petition.

Income Tax

2026 (8) TMI 1114

Reassessment notice jurisdiction and faceless assessment requirements return to High Courts under the revised reassessment framework.

Income Tax

2026 (8) TMI 1113

Draft assessment procedure fails where no transfer-pricing variation exists, invalidating consequential tax demand and penalty action.

Income Tax

2026 (8) TMI 1112

Revisionary jurisdiction fails where due inquiry occurred, findings attained finality, and no unaccounted tanker income was evidenced.

Income Tax

2026 (8) TMI 1111

Concealment penalty requires more than disallowed depreciation and deduction claims where disclosures and bona fide explanations are provided.

Income Tax

2026 (8) TMI 1110

Condonation of delay for Form-10B cannot be denied solely under circular time limits where statutory discretion addresses genuine hardship.

Income Tax

2026 (8) TMI 818

Benami property attachment sustained where alleged loan consideration lacked credible proof, traceable lenders, and explained funding sources.

Benami Property

2026 (8) TMI 817

Benami property transactions arise where beneficial ownership funds acquisitions and ostensible owners cannot prove independent means or genuine loans.

Benami Property

2026 (8) TMI 439

Benami ownership requires proof of consideration and beneficial ownership, with cross-examination required for retracted foundational statements.

Benami Property

2026 (8) TMI 438

Provisional attachment requires evidence of alienation risk; prior Income Tax Department custody made attachment unsustainable.

Benami Property

2026 (8) TMI 347

Benami share ownership established by routed consideration, but freezing shares outside identified attachment proceedings was invalid.

Benami Property

2026 (8) TMI 346

Benami property attachment requires verified funding, control, and transaction evidence; incomplete investigation led to remand for reinvestigation.

Benami Property

2026 (8) TMI 1089

Condonation of delay requires a credible explanation for prolonged inaction; factual findings cannot be reopened without perversity.

Customs

2026 (8) TMI 1088

Special Additional Duty refunds cannot be subjected to a notification-based one-year limitation absent statutory authority.

Customs

2026 (8) TMI 1087

Fire-damaged automobile imports are scrap, while vessel berthing without physical cargo removal does not constitute customs unloading.

Customs

2026 (8) TMI 1086

Post-export shipping-bill amendment permits EPCG conversion where contemporaneous evidence establishes export eligibility despite clerical omissions.

Customs

2026 (8) TMI 1085

Delayed customs-duty refund interest starts after the statutory waiting period and may be payable at the enhanced rate.

Customs

2026 (8) TMI 1084

Export transaction value prevails where quality-adjusted invoices and banking realisation lack evidence of undisclosed additional consideration.

Customs

2026 (8) TMI 935

Conditional creditor consent requires scrutiny before revival scheme approval, ensuring informed assent, fairness, and valid statutory majority support.

Companies Law

2026 (8) TMI 806

Invoice recovery limitation remains unaffected by winding-up proceedings, while valid partnership registration preserves capacity to sue.

Companies Law

2026 (8) TMI 735

Functus officio bars intervention and recall in concluded writ proceedings without a demonstrated subsisting affected right.

Companies Law

2026 (8) TMI 734

Pre-emptive share-transfer rights void outsider transfers that bypass Board-led member offers and prescribed valuation procedures under company articles.

Companies Law

2026 (8) TMI 1080

Impracticability in convening shareholder meetings requires concrete proof before exceptional Tribunal intervention can override ordinary corporate mechanisms.

Companies Law

2026 (8) TMI 1005

Review jurisdiction requires an apparent error or valid reconsideration ground; absence of either results in dismissal of review petition.

Companies Law

2026 (8) TMI 934

Associate-company and related-party definitions prevail over accounting indicators, defeating fraud, consolidation and disclosure allegations without proof of control.

SEBI

2026 (8) TMI 863

Material event disclosure requires conspicuous reporting of terminated acquisition agreements; a footnote in financial results is insufficient.

SEBI

2026 (8) TMI 805

Insider trading prohibition applies to securities sales while possessing unpublished price sensitive information unless a recognised exonerating circumstance is proved.

SEBI

2026 (8) TMI 733

Mitigating factors can reduce statutory minimum penalties where no overriding clause applies, while ineffective notice invalidates enforcement orders.

SEBI

2026 (8) TMI 654

Void securities cannot be transferred after acceptance of a regulatory invalidation order, and inconsistent conduct is precluded.

SEBI

2026 (8) TMI 1004

Front-running prosecutions must follow the specialised securities-law complaint procedure and cannot bypass it through a general criminal FIR.

SEBI

2026 (8) TMI 862

Insolvency professional services by advocates fall under forward charge, while reverse charge remains confined to legal services.

IBC

2026 (8) TMI 861

Continuing personal guarantees cover assented facility renewals and contractual interest beyond the stated principal limit in insolvency proceedings.

IBC

2026 (8) TMI 860

Final insolvency orders bar collateral challenges to consequential bankruptcy proceedings against a personal guarantor after valid service.

IBC

2026 (8) TMI 804

Limitation for operational debt runs from each default, barring delayed Section 9 insolvency applications despite a subsisting contract.

IBC

2026 (8) TMI 1079

Resolution plan reconsideration permits creditor committee rejection where applicants refuse revisions and commercial decisions remain non-justiciable before approval.

IBC

2026 (8) TMI 1078

Earnest money guarantees secure scheme submission, not compulsory participation in a renewed liquidation process after rejection.

IBC

2026 (8) TMI 801

Equivalent-value property seizure under FEMA may proceed on prima facie evidence of unauthorised overseas fund transfers.

FEMA

2026 (8) TMI 165

Proof of actual software receipt is required for foreign-exchange remittances; authorised company officers remain liable without due diligence.

FEMA

2026 (8) TMI 164

Foreign-exchange compliance breaches in share transfers and escrow security arrangements sustained, while chairman's residential-status charge failed.

FEMA

2026 (8) TMI 106

Company officer liability for neglected export-proceeds compliance retained, while monetary penalty was reduced to the pre-deposit.

FEMA

2026 (7) TMI 1950

Current account treatment for definite tournament services removes most foreign-exchange contraventions, but excess remittance and delayed repatriation remain liable.

FEMA

2026 (7) TMI 1854

Statutory penalty ceilings preserve adjudicatory discretion; enhancement requires proof that the imposed penalty was improperly or disproportionately low.

FEMA

2026 (7) TMI 1459

Exclusive supply and customer incentive arrangements require evidence of actual foreclosure, denied access, or competitive harm before infringing competition law.

Law of Competition

2026 (5) TMI 378

Natural justice in competition proceedings requires notice before departing from the investigation report's findings.

Law of Competition

2026 (5) TMI 1743

Merger control disclosure and finality: composite transactions need full notice, but approved combinations cannot be reopened without statutory power.

Law of Competition

2026 (5) TMI 1307

Prima facie antitrust screening requires concrete evidence; regulated pricing and disclosed tender preferences did not establish abuse of dominance.

Law of Competition

2026 (4) TMI 801

Tacit cartel participation and partner liability upheld where repeated coordination emails, not dissociation, proved competition law breach.

Law of Competition

2026 (2) TMI 846

Prima facie abuse of dominance requires material showing likely competitive harm; co-location allegations did not justify investigation.

Law of Competition

2026 (8) TMI 859

Provisional attachment for alleged money laundering remains undisturbed as Supreme Court declines interference with the High Court order.

Money Laundering

2026 (8) TMI 1077

Money-laundering bail restrictions prevail where prima facie incriminating material and flight or interference risks remain despite prolonged custody.

Money Laundering

2026 (8) TMI 1076

Third-party property attachment requires proof of a money trail or valid equivalent-value linkage to laundering.

Money Laundering

2026 (8) TMI 1075

Interim access to frozen funds permits verified salaries and statutory payments while preserving safeguards pending appeal.

Money Laundering

2026 (8) TMI 1003

PMLA bail conditions and proceeds-of-crime issues await substantive consideration after notice and permitted dasti service.

Money Laundering

2026 (8) TMI 1002

Frozen proceeds-of-crime funds cannot be used to pay another company's salary and statutory liabilities under an interim arrangement.

Money Laundering

2026 (8) TMI 1074

CENVAT input eligibility covers telecom towers and prefabricated buildings indispensable for antenna positioning and mobile output services.

Service Tax

2026 (8) TMI 1073

SEZ service-tax exemption extends to subcontractors where approved services support authorised operations despite a procedural Form A-1 lapse.

Service Tax

2026 (8) TMI 1072

Supply of tangible goods taxation applies when aircraft lessors retain effective control; duplicate demands, extended limitation and penalties fail.

Service Tax

2026 (8) TMI 1071

Works contract valuation for airport maintenance requires prescribed abatement where goods and service values are not separately ascertainable.

Service Tax

2026 (8) TMI 1070

Service-tax exclusions protect post-GST receipts, exempt agricultural transport, vehicle hiring to GTAs, and recipient-paid GTA reverse-charge services.

Service Tax

2026 (8) TMI 1069

Maintenance fund utilisation determines service tax liability, while corpus and unutilised funds transferred intact to the housing society remain untaxed.

Service Tax

2026 (8) TMI 1068

Supplier liability write-offs do not require CENVAT credit reversal without proof that inputs or capital goods were written off.

Central Excise

2026 (8) TMI 1067

Excess excise duty collections by non-manufacturer contractors must be credited to the Central Government with applicable interest.

Central Excise

2026 (8) TMI 1066

Pre-duty investigation deposits remain refundable revenue deposits, attracting interest from payment date rather than delayed-refund statutory interest.

Central Excise

2026 (8) TMI 1065

Government fertilizer subsidy is not buyer-linked consideration and remains excluded from central excise assessable value.

Central Excise

2026 (8) TMI 1064

Cenvat credit remains available for directly dispatched inputs when valid dealer invoices and actual factory receipt are established.

Central Excise

2026 (8) TMI 1063

Special value-addition rates require refund recalculation and prohibit duplicate recovery of self-credit and duty paid from that credit.

Central Excise

2026 (8) TMI 914

VAT and sales tax litigation reached the Supreme Court without disclosed underlying statutory or factual issues.

VAT / Sales Tax

2026 (8) TMI 913

Rectification jurisdiction cannot recall a final revision order to secure merits rehearing on allegedly undecided issues.

VAT / Sales Tax

2026 (8) TMI 849

Petroleum-product classification includes Hydraulic Oil as a taxable consumable, while reassessment conditions for escaped turnover remain satisfied.

VAT / Sales Tax

2026 (8) TMI 788

Gross turnover taxability of drought relief remained undisturbed where relief was invoiced and charged to the purchaser.

VAT / Sales Tax

2026 (8) TMI 787

Inter-State vehicle movements linked to dealer orders and advance payments constitute taxable sales, not exempt branch stock transfers.

VAT / Sales Tax

2026 (8) TMI 723

VAT penalty for missing transit form fails where exempt imported goods create no VAT liability.

VAT / Sales Tax

2026 (7) TMI 911

Specialised agricultural-land valuation qualifications remain valid, and civil-engineering credentials cannot replace separate eligibility requirements for registration.

Wealth-tax

2026 (3) TMI 1241

Agricultural land under legal construction restrictions is not 'urban land' for wealth-tax purposes under Section 2(ea)(v).

Wealth-tax

2026 (2) TMI 393

Scheme of demerger asset vesting prevents attachment for demerged company's tax; attachment allowed only for resulting company's own liability

Wealth-tax

2025 (9) TMI 473

Appeals dismissed as not pressed; properties treated as commercial establishments excluded from "assets" under Section 2(ea) Wealth Tax Act

Wealth-tax

2025 (5) TMI 151

Land loses wealth tax exemption during construction period under Section 2(ea) - exemption only applies after completion

Wealth-tax

2025 (5) TMI 1125

Rental income from land plots cannot be denied based on later verification findings from different assessment year

Wealth-tax

2026 (8) TMI 993

SARFAESI alternative remedy requirement bars direct writ challenges to bank-recovery measures where specialised statutory recourse remains available.

Indian Laws

2026 (8) TMI 982

Arbitration agreement channels termination and security-deposit disputes to commercial remedies, while admitted amounts may be released without prejudice.

Indian Laws

2026 (8) TMI 912

Retrospective ratification validates resignation acceptance, while withdrawal remains subject to the appointing authority's reasoned statutory discretion.

Indian Laws

2026 (8) TMI 911

Vicarious liability in cheque dishonour requires specific allegations of responsibility; former directors who resigned before cheque issuance cannot be prosecuted.

Indian Laws

2026 (8) TMI 1061

NDPS commercial-quantity bail requires strict twin-condition compliance, reinforced by targeted verification and monitoring safeguards for foreign nationals.

Indian Laws

2026 (8) TMI 1060

Disciplinary inquiry delays do not void proceedings without express abatement or proven prejudice; specific charges require evidentiary inquiry.

Indian Laws


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