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Recent Case Laws

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2026 (10) TMI 1381

Provisional attachment under GST requires tangible material, necessity, and ownership; escrow funds held in trust remain protected.

GST

2026 (10) TMI 1380

Statutory appellate remedy revives when GST Tribunal becomes functional, enabling writ petitioners to pursue prescribed appeals.

GST

2026 (10) TMI 1379

Fair GST adjudication requires consideration of uploaded DRC-06 replies; negative credit ledger blocking cannot serve as tax recovery.

GST

2026 (10) TMI 1378

Inter-State tax jurisdiction transfers require demonstrated investigation nexus; isolated banking transactions cannot justify moving assessment jurisdiction.

GST

2026 (10) TMI 1377

Natural justice in GST adjudication requires separate order intimation and a personal hearing before ex parte liability determination.

GST

2026 (10) TMI 1376

Input tax credit burden remains with claimant despite unavailable seized records, while duplicate GST demand summaries require portal correction.

GST

2026 (10) TMI 1358

Natural justice in faceless best-judgment assessments requires consideration of available replies and a reasonable video-conference hearing.

Income Tax

2026 (10) TMI 1357

Questions arising from the impugned ITAT order determine the permissible scope of a Section 260A appeal.

Income Tax

2026 (10) TMI 1356

Refund adjustment against disputed penalty demands is limited to the prescribed recovery percentage while first appeals and stays remain pending.

Income Tax

2026 (10) TMI 1355

Revision limitation runs from the original assessment when an issue was never part of reassessment proceedings.

Income Tax

2026 (10) TMI 1354

Invalid return declarations constitute revisable orders, enabling revision against income-tax return invalidation under the statutory revisional framework.

Income Tax

2026 (10) TMI 1353

TNMM comparability requires functional similarity, supporting exclusion of software-product and intangible-owning companies from captive service provider benchmarks.

Income Tax

2026 (9) TMI 1948

Section 24 provisional attachment permits same-day notice, approval and attachment when statutory conditions and prior approval are satisfied.

Benami Property

2026 (9) TMI 1390

Final tax adjudication findings negating benami transactions and confirming disclosure undermined prosecution, requiring quashing of criminal proceedings.

Benami Property

2026 (10) TMI 814

Benami cash transfers through proprietorship accounts may trigger limited attachment despite subsequent banking retransfer to the beneficial owner.

Benami Property

2026 (10) TMI 739

Benami transaction requirements cover legitimate funds when consideration and beneficial ownership conditions are met, leaving no review error.

Benami Property

2026 (10) TMI 655

Retroactive Benami enforcement applies procedural amendments, while evidence of funding and control supports property attachment.

Benami Property

2026 (10) TMI 491

Benami transaction indicators established beneficial ownership where the recorded purchaser lacked funds and acted on another's directions.

Benami Property

2026 (10) TMI 1318

Customs Sampling of Imported Food Remains Available Despite Food-Safety Procedures; Evidentiary Objections Belong in Statutory Adjudication

Customs

2026 (10) TMI 1317

Condonation of delay in customs appeals requires specific bona fide cause; administrative inaction and unsupported counsel blame fail.

Customs

2026 (10) TMI 1316

Section 108 virtual examination permits secure video conferencing where genuine medical inability makes physical attendance unduly burdensome.

Customs

2026 (10) TMI 1315

Proportionality in customs broker licensing: isolated verification failures justified a penalty, but not licence revocation or security forfeiture.

Customs

2026 (10) TMI 1314

Tariff classification of vehicle radio units covers finished imports and qualifying SKD kits with essential character.

Customs

2026 (10) TMI 1258

Customs reassessment requires written acceptance or a speaking order, while transaction-value enhancement needs reasons and supporting evidence.

Customs

2026 (10) TMI 982

Finality of affirmed appellate directions bars interference with consequential compliance orders lacking independent findings on the merits.

Companies Law

2026 (10) TMI 877

Interim protection in acquisition disputes requires fulfilled conditions, proven performance, and a present need to preserve subject matter.

Companies Law

2026 (10) TMI 806

Separate corporate personality prevents personal liability of non-executive directors for company deposits without an independent legal basis.

Companies Law

2026 (10) TMI 1313

SFIO investigation assignment requires recorded public-interest reasons and relevant material; unreasoned investigations and prosecutions cannot stand.

Companies Law

2026 (10) TMI 1087

Proprietary security in pledged shares prevails over unspecified negative liens, personal guarantees, and unrecorded oral undertakings.

Companies Law

2026 (10) TMI 1086

Share-purchase relief requires established oppression and mismanagement, statutory satisfaction, and a current scrutinised valuation before a buyout direction.

Companies Law

2026 (9) TMI 962

Annulled securities trades require exchange refund of deposited consideration, without forcing delivery or broker arbitration.

SEBI

2026 (9) TMI 1675

Statutory appellate remedy for interim securities restrictions takes priority over writ jurisdiction, preserving objections before the designated appellate forum.

SEBI

2026 (10) TMI 647

Director Liability for Regulatory Refunds Survives Resignation When Tenure Overlaps Investor Fund Mobilisation and Final Recovery Directions

SEBI

2026 (10) TMI 646

Inspection rights in regulatory proceedings exclude electronic material outside the record and not relied upon

SEBI

2026 (10) TMI 402

Finality of unchallenged adjudication orders preserves recovery of fees collected through unregistered investment advisory services after appellate challenge fails.

SEBI

2026 (10) TMI 319

Cross-segment derivatives price manipulation triggers interim market-access restraints, asset preservation, and disclosure obligations pending investigation.

SEBI

2026 (10) TMI 1312

Expired public works contracts cannot be revived through insolvency orders after participation in replacement tendering.

IBC

2026 (10) TMI 1311

Share-purchase consideration requires independent proof of time value of money before it can qualify as financial debt.

IBC

2026 (10) TMI 1310

Pre-existing quality dispute bars insolvency admission where contemporaneous material shows a plausible contested operational debt before demand notice.

IBC

2026 (10) TMI 1309

Authorised representative duties require prior creditor instructions, complete consultation records, and proportionate disciplinary sanctions for compliance breaches.

IBC

2026 (10) TMI 1256

CIRP management vesting prevents suspended directors curing unauthorised corporate appeals after limitation expires and defeats unsupported quality-dispute objections.

IBC

2026 (10) TMI 1177

Liquidator e-auction price qualifies as true market value for stamp duty when transparently supervised and competitively determined.

IBC

2026 (10) TMI 979

Corroborated retracted statements support foreign-exchange liability, while unquantified contraventions require proportionate monetary penalties based on proved circumstances.

FEMA

2026 (10) TMI 804

Conflict-of-interest qualifying conditions extend uniformly to borrowers, subsidiaries and associates of a credit rating agency's promoter.

FEMA

2026 (10) TMI 477

FERA civil penalties do not require mens rea, while proportionality review permits interference only for shocking excess.

FEMA

2026 (10) TMI 476

FEMA evidence rules uphold corroborated electronic records but reject liability founded solely on unsupported extrapolated import transactions.

FEMA

2026 (10) TMI 1308

Reasoned adjudicatory orders require disclosed evidence and reasons, requiring fresh adjudication where a penalty finding lacks support.

FEMA

2026 (10) TMI 1080

Foreign-exchange contraventions require proven seizure, admissible records, and corroborated voluntary statements before statutory presumptions or burden shifting can operate.

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 (10) TMI 1307

PMLA summons for suspected loan-proceeds layering remain effective despite pending predicate proceedings or proposed bank settlement.

Money Laundering

2026 (10) TMI 1255

Proceeds-of-crime nexus governs PMLA bail, while prolonged detention amid delayed trial may yield to conditional liberty.

Money Laundering

2026 (10) TMI 1254

Anticipatory bail in money-laundering investigations depends on statutory twin conditions, material involvement with proceeds of crime, and cooperation.

Money Laundering

2026 (10) TMI 1253

Redevelopment of an attached co-operative housing flat may proceed while preserving enforcement rights in replacement property and redevelopment benefits.

Money Laundering

2026 (10) TMI 1252

Deferred money-laundering judgment preserves consistency while the scheduled-offence trial determines the existence of criminal proceeds.

Money Laundering

2026 (10) TMI 1176

Release of seized assets follows when alternative properties secure alleged crime proceeds and the assets are no longer needed.

Money Laundering

2026 (10) TMI 1251

Supply of tangible goods classification applies where transit mixer control remains with supplier, excluding goods transport agency service.

Service Tax

2026 (10) TMI 1250

Reverse-charge tax liability survives credit eligibility, but revenue neutrality restricts recovery to the normal limitation period.

Service Tax

2026 (10) TMI 1249

Third-party tax data cannot alone support extended-period service-tax demands or unnotified allocation methods, requiring corroboration and notice.

Service Tax

2026 (10) TMI 1248

Intermediary services arranged abroad fall outside reverse-charge service tax where local representatives only facilitate third-party production support.

Service Tax

2026 (10) TMI 1247

Form 26AS data alone cannot support an extended-period service-tax demand without evidence identifying taxable services and receipt character.

Service Tax

2026 (10) TMI 1246

Consignment-note requirement excludes road transport from Goods Transport Agency service tax, while food-grain transport remains non-taxable.

Service Tax

2026 (10) TMI 1306

CENVAT credit for additional customs duty on imported coal remains available despite excise-credit restrictions under separate credit provisions.

Central Excise

2026 (10) TMI 1305

CENVAT credit exclusions require transaction-wise review, while disclosed credits cannot trigger extended limitation or suppression-based penalties.

Central Excise

2026 (10) TMI 1245

Evidentiary Standards for Clandestine Removal Claims Require Corroborated Records, Certified Electronic Evidence, and Tested Witness Statements

Central Excise

2026 (10) TMI 1244

Indigenous-input DTA clearances qualify for domestic-equivalent excise duty, while prior departmental knowledge defeats extended limitation and penalty.

Central Excise

2026 (10) TMI 1243

Deemed export treatment for supplies to export-oriented units supports refunds of accumulated CENVAT credit on export-linked clearances.

Central Excise

2026 (10) TMI 1168

Personal liability for invoice-related penalties requires proven issuance or abetment and admissible evidence, not corporate allegations alone.

Central Excise

2026 (10) TMI 956

Specific-entry classification treats dupattas as exempt woven fabrics, not fibres, because their fabric character governs scheduled-entry coverage.

VAT / Sales Tax

2026 (10) TMI 867

Residual tax classification treats bundled mobile chargers and printer consumables as separately taxable unspecified goods.

VAT / Sales Tax

2026 (10) TMI 866

Separate enterprise classification prevents clubbing of plant and machinery investments, preserving concessional sales tax eligibility for qualifying units.

VAT / Sales Tax

2026 (10) TMI 1242

Limited withdrawal liberty and enumerated revisional jurisdiction bar renewed appellate challenges and revisions against rectification orders.

VAT / Sales Tax

2026 (10) TMI 1070

Registered security interests override State sales tax charges, securing encumbrance-free transfer of assets acquired in enforcement auctions.

VAT / Sales Tax

2026 (10) TMI 1069

Continuing sales-tax demand notices remain timely when the original notice was issued within the statutory limitation period.

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 (4) TMI 1915

Territorial appellate jurisdiction invalidates orders by an unauthorised authority, requiring de novo merits adjudication before the competent appellate forum.

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

2026 (10) TMI 955

Independent fiscal offences permit prosecution for delayed returns or knowingly false tax statements without prior assessment or quantified evasion.

Wealth-tax

2026 (10) TMI 3

Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.

Wealth-tax

2026 (10) TMI 1304

Retrospective withdrawal of industrial tax incentives is impermissible without overriding public interest, while statutory deemed approvals remain effective.

Indian Laws

2026 (10) TMI 1303

Licensed surveyor assessments govern insurance loss claims unless insured parties provide cogent, reliable evidence of quantification errors.

Indian Laws

2026 (10) TMI 1302

Statutory cheque presumptions remain unrebutted where a lost-cheque defence lacks independent corroboration and the drawer admits signature.

Indian Laws

2026 (10) TMI 1301

Cheque execution presumptions prevail unless a consistent probable defence rebuts liability; cash-loan breaches alone do not invalidate debt.

Indian Laws

2026 (10) TMI 1241

Void gifts of temple inam land cannot be cured by registration, leaving government occupation only on lease.

Indian Laws

2026 (10) TMI 1162

AT-1 bond write-down authority requires pre-reconstruction regulatory action; a general savings clause cannot validate administrator-led extinguishment.

Indian Laws


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