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Recent Case Laws

View All
2026 (7) TMI 149

Financial-year specific limitation under GST bars clubbing multiple years in one notice, and writ relief may still lie for jurisdictional error.

GST

2026 (7) TMI 148

Conditional restoration of GST registration was granted where non-filing was non-deliberate and outstanding dues were to be paid.

GST

2026 (7) TMI 147

Conditional restoration of GST registration ordered where cancellation arose from non-filing of returns and arrears were paid.

GST

2026 (7) TMI 146

Personal hearing under GST is mandatory when requested; order set aside for breach of Section 75(4) and natural justice.

GST

2026 (7) TMI 145

Section 74 suppression of facts upheld, but ex parte GST demand orders remitted for fresh adjudication on conditions.

GST

2026 (7) TMI 144

Return filing under GST requires reassessment once the return is uploaded; impugned order set aside and remanded.

GST

2026 (7) TMI 143

Natural justice bars short notice and unannounced additions in income-tax assessments, leading to quashing and remand.

Income Tax

2026 (7) TMI 142

Tax effect monetary limits apply to pending appeals, and later CBDT exceptions do not operate retrospectively.

Income Tax

2026 (7) TMI 141

Appellate finality bars Revenue from reopening reduced addition where it never challenged the Commissioner (Appeals)' order.

Income Tax

2026 (7) TMI 140

Monetary limit exception under Clause 10(e): VAT department treated as a law enforcement agency, making the Tribunal's exclusion erroneous.

Income Tax

2026 (7) TMI 139

Section 153C satisfaction note must be recorded immediately after search assessment; delayed notice found invalid

Income Tax

2026 (7) TMI 138

Reassessment beyond four years requires full and true disclosure; notice quashed where audited accounts and depreciation change were already disclosed.

Income Tax

2026 (6) TMI 594

Alternate remedy in benami proceedings: writ challenges to notices and provisional attachment were withdrawn with liberty to approach the adjudicating authority.

Benami Property

2026 (6) TMI 197

Review order under benami law not separately appealable; Tribunal's restoration of appeals upheld as barred by civil procedure rules.

Benami Property

2026 (6) TMI 196

Benami transaction proved by unexplained funds and admitted use of another's name; provisional attachment upheld.

Benami Property

2026 (5) TMI 936

Unexplained cash and benami property rules: tribunal holds income-tax filing readiness does not bar PBPT Act proceedings.

Benami Property

2026 (5) TMI 711

Benami transaction law applies to continued holding of property after amendment; provisional attachment upheld.

Benami Property

2026 (5) TMI 660

Benami property inference sustained where unexplained cash routing and insufficient income failed to rebut the source of consideration

Benami Property

2026 (7) TMI 116

Certificate of Origin authenticity prevails over customs challenge; Section 108 statements cannot displace duly authenticated origin evidence.

Customs

2026 (7) TMI 115

Prospective operation of customs exemption notification barred countervailing duty on pre-2012 vessel imports later converted to coastal run status.

Customs

2026 (7) TMI 114

Penalty for abetment cannot stand without a clear abetment allegation in the show cause notice.

Customs

2026 (7) TMI 113

Burden of proving foreign origin for non-notified goods failed, so absolute confiscation and penalty were not sustainable.

Customs

2026 (7) TMI 112

Retrospective customs penalty and Section 138B compliance bar adverse reliance on investigation statements in adjudication.

Customs

2026 (7) TMI 111

Customs broker licence action failed where FTWZ-SEZ activities were outside the licence extension and alleged breaches were unproved.

Customs

2026 (7) TMI 20

Bona fide dispute over debt bars winding up where liability depends on contested facts and account reconciliation.

Companies Law

2026 (6) TMI 1428

Subrogation and debt assignment in winding-up: surety rights are limited to proved payment, while assignee rights follow the assigned debt.

Companies Law

2026 (6) TMI 1427

Order VII Rule 11 threshold: disputed facts, limitation, and civil jurisdiction could not defeat a triable plaint.

Companies Law

2026 (6) TMI 1374

Look Out Circulars must rest on specific material and lawful authority; routine commercial default alone is insufficient.

Companies Law

2026 (6) TMI 1307

Appeal from consent order under Companies Act may lie where punitive terms were not consented to and interim protection continued.

Companies Law

2026 (6) TMI 1238

Mandatory strike-off procedure and correct CIN notice are essential; invalid Gazette reliance rendered the company's removal void.

Companies Law

2026 (6) TMI 717

Statutory appeal bars writ challenge to SEBI IPO approval; petitioner must use the appellate remedy instead.

SEBI

2026 (6) TMI 457

Insider trading and delayed disclosure under the PIT Regulations: SAT relief on trading findings, with penalty sustained for late reporting.

SEBI

2026 (6) TMI 14

PFUTP fraud and hedging principles: excess derivative positions were not manipulative, but disclosure breach remained

SEBI

2026 (6) TMI 1373

Negative futures settlement rates upheld where contract adopted external benchmark and writ relief could not rewrite final settlements.

SEBI

2026 (5) TMI 1383

Impleadment of minority shareholders upheld where the writ outcome directly affected their independent interest.

SEBI

2026 (5) TMI 1036

Maintainability of SCORES-based relief claims: monetary compensation beyond tribunal jurisdiction, with other remedies left open.

SEBI

2026 (7) TMI 108

Interim Resolution Professional remuneration can be fixed as a consolidated fee; monthly entitlement depends on the approved record.

IBC

2026 (7) TMI 107

PMLA proceedings prevail over insolvency moratorium, barring IBC tribunals from upsetting attachment, retention, or section 50 notices.

IBC

2026 (7) TMI 106

Insolvency estate cannot include property held without subsisting leasehold rights after a final eviction decree.

IBC

2026 (7) TMI 105

Statutory first charge under GST law does not override insolvency priority where the IBC expressly prevails.

IBC

2026 (7) TMI 104

Concluded liquidation auction cannot be set aside absent fraud, collusion, or fundamental procedural irregularity.

IBC

2026 (7) TMI 103

CIRP termination on full debt repayment may be justified where the sole creditor rejects a genuine settlement offer.

IBC

2026 (6) TMI 802

Sanctions compliance scrutiny by authorised dealer bank upheld where disclosures raised serious transaction-risk concerns.

FEMA

2026 (6) TMI 801

FEMA residence test under Section 2(v) kept immovable property and remittance transactions outside regulatory violations.

FEMA

2026 (6) TMI 184

Foreign security under FEMA includes transferable subscription rights, and seizure is limited to the equivalent value in India.

FEMA

2026 (6) TMI 1371

FEMA contravention does not automatically void a sale deed; civil court relief was barred on the same issue.

FEMA

2026 (6) TMI 1106

Jurisdiction under repealed foreign exchange law failed where specific empowerment was absent for issuing show cause notices.

FEMA

2026 (6) TMI 1016

Review jurisdiction cannot reopen FEMA merits when statutory remedies remain available and no apparent error is shown.

FEMA

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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

Law of Competition

2026 (1) TMI 1401

Coal handling charges at port found imposed through mandatory coordination fees; impugned order set aside and remitted.

Law of Competition

2026 (7) TMI 99

PMLA bail under twin conditions refused where materials showed a nexus to proceeds of crime and active involvement.

Money Laundering

2026 (7) TMI 15

Provisional attachment under money-laundering law upheld where material supported belief, and pre-offence property could be attached as equivalent value.

Money Laundering

2026 (6) TMI 1305

Inherent powers cannot quash a prima facie criminal and PMLA case where disputed facts and evidence require trial.

Money Laundering

2026 (6) TMI 1304

PMLA initiation requires recorded satisfaction and cannot be compelled by mandamus merely on an alleged predicate offence.

Money Laundering

2026 (6) TMI 1303

Confirmed PMLA attachment cannot be challenged in writ when statutory remedy before the Special Court is available.

Money Laundering

2026 (6) TMI 1302

Provisional attachment under PMLA yields to a Supreme Court restitution scheme for PACL assets, with matters remitted to the Lodha Committee.

Money Laundering

2026 (7) TMI 98

Service tax on negative debtor entries rejected where the department failed to prove undisclosed taxable receipts and suppression.

Service Tax

2026 (7) TMI 97

Intermediary services test: principal-to-principal subcontract for overseas client held to be export of services, preserving Rule 5 refund.

Service Tax

2026 (7) TMI 96

Pre-2012 service tax on municipal advertisement receipts failed where statutory collections were not contractual consideration and no suppression was shown.

Service Tax

2026 (7) TMI 95

Export of service turns on recipient location, while disclosed CENVAT credit defeats extended limitation and reduces penalty.

Service Tax

2026 (7) TMI 94

Service tax exemptions for road works, house construction, and threshold relief upheld on substantive classification of receipts.

Service Tax

2026 (7) TMI 93

Natural bundling of electricity surcharge with exempt supply defeats service tax treatment as a separate declared service.

Service Tax

2026 (7) TMI 87

Rebate rejection based on a reversed precedent cannot stand; fresh adjudication required under the prevailing law.

Central Excise

2026 (7) TMI 86

CENVAT credit on captive power use allowed for manufacturing units, but denied for housing colony consumption; extended limitation upheld.

Central Excise

2026 (7) TMI 85

Residue from manufacture is not an exempted good under Cenvat Credit Rules; Rule 6 demand fails without independent manufacture.

Central Excise

2026 (7) TMI 84

Crushing and screening of iron ore alone did not create concentrate, defeating central excise duty, interest and penalty.

Central Excise

2026 (7) TMI 83

Tariff classification by statutory description, not end-use, sustained service tax levy, but penalties failed for bona fide dispute.

Central Excise

2026 (7) TMI 82

Job-work turnover clubbing denied SSI exemption, while suppression justified extended limitation and statutory penalty.

Central Excise

2026 (7) TMI 80

Limitation under VAT law barred revival of a stale reassessment notice; later proceedings could not extend the statutory period.

VAT / Sales Tax

2026 (7) TMI 3

Tribunal to hear second appeal on merits, with jurisdictional reassessment objection left open for decision

VAT / Sales Tax

2026 (6) TMI 1416

Actual tax paid governs penalty, while interest continues on delayed or unpaid tax balances under the sales tax regime.

VAT / Sales Tax

2026 (6) TMI 1415

Substantial justice justified condonation of delay where internal approvals delayed filing and merits required consideration.

VAT / Sales Tax

2026 (6) TMI 1355

Refund claims cannot be barred by extra document demands or delegated limitation where the parent VAT statute grants the right.

VAT / Sales Tax

2026 (6) TMI 1293

Residuary tax entry applied where moulds and dies could not qualify as capital goods without in-State use.

VAT / Sales 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

2024 (12) TMI 664

ITAT recalls ex parte wealth tax orders after representative's death created compelling circumstances under Rule 24

Wealth-tax

2026 (7) TMI 79

Rebuttable presumption in cheque dishonour cases defeated where debt is unproved and defence raises a probable explanation.

Indian Laws

2026 (7) TMI 78

Reason to believe under attachment law must rest on material, while notice safeguards to interested persons remain mandatory.

Indian Laws

2026 (7) TMI 2

Proof of outstanding liability failed where incomplete accounts could not establish the exact recoverable balance.

Indian Laws

2026 (7) TMI 1

Reserved MSE procurement cannot be bypassed by labelling a tender as a works contract.

Indian Laws

2026 (6) TMI 1469

Cheque dishonour presumptions under NI Act upheld as security cheque defence failed in revision.

Indian Laws

2026 (6) TMI 1468

Dishonoured cheque liability under the NI Act upheld where statutory presumptions were not rebutted and revision found no interference ground.

Indian Laws





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