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Recent Case Laws

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2026 (7) TMI 1044

Writ jurisdiction challenges to tax notices were redirected to the statutory appellate remedy for final assessment orders.

GST

2026 (7) TMI 1043

Incorrect interest classification as tax can defeat the statutory appeal remedy by imposing an unwarranted Tribunal pre-deposit requirement.

GST

2026 (7) TMI 1042

Statutory appellate remedy bars writ challenge where GST adjudication disputes concern evidence assessment and no exceptional circumstances exist.

GST

2026 (7) TMI 1041

GST registration revocation remains unavailable where tax liability is quantified, pending payment or final resolution of the liability challenge.

GST

2026 (7) TMI 1040

Statutory appellate remedy for GST demand challenges requires parties to pursue appeal before seeking writ jurisdiction.

GST

2026 (7) TMI 1039

Statutory GST appellate remedy bars writ challenges where tribunal can assess jurisdiction, natural justice, and factual issues.

GST

2026 (7) TMI 1037

Refund and statutory interest representation must receive a lawful decision within 90 days under the court-directed timeline.

Income Tax

2026 (7) TMI 1036

Fair-rent assessment requires consideration of lease terms, valuation principles and market rent; the deficient certificate was quashed for reconsideration.

Income Tax

2026 (7) TMI 1035

Penalty initiation under Section 271DA begins with the competent authority's notice, subject to a six-month reasonable-time limit.

Income Tax

2026 (7) TMI 1034

Document Identification Number compliance is satisfied when authenticated electronic intimation correctly communicates the order's DIN despite typographical entry errors.

Income Tax

2026 (7) TMI 1033

Corroborative evidence is required for suppression-of-sales and unexplained-money additions; unsubstantiated employee statements cannot sustain taxation.

Income Tax

2026 (7) TMI 1032

Place-of-effective-management exclusion supported refund where New Zealand tax residence and liability established that Indian tax was not lawfully due.

Income Tax

2026 (7) TMI 860

Fictitious-name benami transactions permit attachment of routed funds when cumulative evidence remains unrebutted by the benefiting participant.

Benami Property

2026 (7) TMI 736

Benami money trail and prejudice test shape why attachment survived and the cross-examination challenge did not succeed.

Benami Property

2026 (7) TMI 672

Benami cash routing and no proven prejudice from denied cross-examination led to upheld attachment.

Benami Property

2026 (7) TMI 671

Benami finding set aside for incomplete appreciation of evidence; matter remanded for fresh consideration of ownership and attachment.

Benami Property

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 538

Benami share transfer found where nominal payment, deferred consideration, and continued transferor control showed effective ownership remained unchanged.

Benami Property

2026 (7) TMI 934

Customs tariff classification of diagnostic reagents turns on specific description, Chapter Note 2(b), and alleged willful mis-declaration.

Customs

2026 (7) TMI 933

Reasonable period for drawback recovery bars unexplained delayed proceedings where fraud or suppression is not alleged.

Customs

2026 (7) TMI 1014

Concurrent customs fact findings remain immune from writ reappreciation absent perversity, evidentiary deficiency, arbitrariness, jurisdictional error, or manifest illegality.

Customs

2026 (7) TMI 1013

Transaction value cannot be rejected solely on non-comparable NIDB data; unsupported enhancement and related penalties fail.

Customs

2026 (7) TMI 1012

Illegal duty refund remains available when limitation does not apply and the claimant proves duty incidence was not passed on.

Customs

2026 (7) TMI 1011

Industrial animal-feed machinery classification supports treatment as food-manufacturing equipment, while provisional assessment finalisation governs limitation analysis.

Customs

2026 (7) TMI 849

Cheating requires dishonest intent at inception; subsequent commercial default and settled insolvency dues cannot sustain criminal prosecution.

Companies Law

2026 (7) TMI 848

Stamp duty on amalgamation orders requires relevant approval-stage valuation material, not reliance solely on an earlier valuation report.

Companies Law

2026 (7) TMI 847

Borrower interest liabilities survive NPA classification, while listed-entity auditors require evidence, mandatory quality review and appropriate modified opinions.

Companies Law

2026 (7) TMI 728

Discretionary transfer of winding-up proceedings depends on timely, bona fide grounds and may be refused once liquidation has substantially progressed.

Companies Law

2026 (7) TMI 1010

Production of company records cannot serve as evidence-gathering for unsubstantiated oppression and mismanagement claims by majority shareholders.

Companies Law

2026 (7) TMI 1009

Discretionary restoration costs require reasoned, case-specific justification and may not apply to statutory authorities performing assessment functions.

Companies Law

2026 (7) TMI 846

Public duty in stock exchange governance may bring senior officers within anti-corruption law, subject to factual determination.

SEBI

2026 (7) TMI 769

Mandatory mutual-fund compliance requires maturity redemption, proper rollover consent, disclosure, and due diligence despite investor gains or no loss

SEBI

2026 (7) TMI 593

Depository liability for participant misconduct upheld where supervisory safeguards failed and arbitral award was not patently illegal.

SEBI

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 1373

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

SEBI

2026 (7) TMI 927

Statutory disciplinary process requires an authorised committee and prior investigation before insolvency professional registration can be cancelled.

IBC

2026 (7) TMI 926

Leasehold and project rights in liquidation may be sold, but purchasers remain bound by surviving BOT obligations.

IBC

2026 (7) TMI 925

Contractual development rights may enter insolvency estate, but resolution plans cannot override statutory land title or regulatory approvals.

IBC

2026 (7) TMI 845

Integrated real estate project land cannot be isolated through delayed termination after statutory approvals and homebuyer rights crystallise.

IBC

2026 (7) TMI 844

Section 7 CIRP admission follows established debt and default unless a realisable adjudicated claim justifies refusal.

IBC

2026 (7) TMI 1008

IBC appeal limitation begins on pronouncement, and the statutory outer limit for condonation cannot be extended.

IBC

2026 (7) TMI 726

Director liability under FEMA requires proof of control or culpable involvement; mere designation alone does not justify penalty.

FEMA

2026 (7) TMI 660

Pre-deposit non-compliance under FEMA did not bar restoration where readiness to pay and medical hardship were shown.

FEMA

2026 (7) TMI 659

Sub judice protection under FEMA barred fresh notice and complaint based on the same cause of action, leading to quashing.

FEMA

2026 (7) TMI 658

Delayed import payments as trade credit under FEMA, with RBI permission unable to cure the contravention and directors held liable.

FEMA

2026 (7) TMI 657

FEMA compliance breaches upheld, but penalties reduced where delayed reporting and share allotment were established on the facts.

FEMA

2026 (7) TMI 330

FEMA penalty limits and power of attorney liability clarified: statutory fit and duplicate penalties for same acts were rejected.

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 924

Territorial jurisdiction in money-laundering cases may be concurrent, but the linked scheduled offence requires trial before the same Special Court.

Money Laundering

2026 (7) TMI 923

Retention of suspected money-laundering property remains valid where statutory reasons exist, ECIR quashing is stayed, and limitation excludes stay periods.

Money Laundering

2026 (7) TMI 842

Proceeds-of-crime nexus is essential: equivalent-value attachment cannot enforce a pre-existing civil debt absent receipt or diversion.

Money Laundering

2026 (7) TMI 1007

Knowing participation in routing tainted loan funds prima facie supports a money-laundering complaint and defeats quashing.

Money Laundering

2026 (7) TMI 1006

Consideration of objections before bank account attachment required; matter remitted for a reasoned decision on the petitioner's objections.

Money Laundering

2026 (7) TMI 1005

Prima facie scrutiny at discharge permits money-laundering prosecution to continue without adjudicating predicate offences or asset legitimacy.

Money Laundering

2026 (7) TMI 999

Unjust enrichment presumption rebutted where reversed Cenvat credit was not recovered from customers, making refund payable to assessee.

Service Tax

2026 (7) TMI 1004

Reverse-charge service tax on CIF sea freight cannot support proceedings after the underlying levy was invalidated.

Service Tax

2026 (7) TMI 1003

Reverse charge on mining royalty places service-tax liability on recipients and excludes them from threshold exemption benefits.

Service Tax

2026 (7) TMI 1002

Show cause notice service requires proof of delivery; mere issuance cannot sustain time-barred service-tax adjudication proceedings.

Service Tax

2026 (7) TMI 1001

Railway sanitation and housekeeping services qualified for exemption, while repeat demands could not rely on alleged suppression.

Service Tax

2026 (7) TMI 1000

Refund of unlawful service-tax deposits escapes statutory limitation, but unjust enrichment bars recovery by claimants who passed on incidence.

Service Tax

2026 (7) TMI 995

Factory-use exemption for job-worked tractor parts applies on proven end use, while absent suppression bars extended limitation.

Central Excise

2026 (7) TMI 994

Clerical errors in statutory returns cannot sustain excise demands where supporting records disclose the correct clearances and negate suppression.

Central Excise

2026 (7) TMI 993

Related-person valuation requires more than common management; revenue neutrality and departmental knowledge defeated duty demand and extended limitation.

Central Excise

2026 (7) TMI 918

Section 9D cross-examination safeguards supported deletion of Cenvat credit demand where transport evidence established movement of finished goods.

Central Excise

2026 (7) TMI 917

CENVAT credit for contractor-used inputs depends on works-contract abatement, while extended limitation requires proven wilful suppression.

Central Excise

2026 (7) TMI 916

Actual receipt of inputs governs Cenvat credit, while corroborated evidence of undisclosed clearances supports duty demands and penalties.

Central Excise

2026 (7) TMI 992

Tax-variation clauses override firm-price treatment, requiring excise-duty reductions to benefit the purchaser and preventing supplier unjust enrichment.

VAT / Sales Tax

2026 (7) TMI 991

Registered secured creditor priority prevails over unenforced State tax attachments, protecting auction purchasers from continuing revenue-record encumbrances.

VAT / Sales Tax

2026 (7) TMI 913

Works-contract composition compliance requires consideration of prescribed records, making an unreasoned best judgment assessment unsustainable.

VAT / Sales Tax

2026 (7) TMI 912

Rule 83 rectification jurisdiction must be considered before merits, while factual tax characterisation proceeds through statutory proceedings.

VAT / Sales Tax

2026 (7) TMI 833

Retrospective withdrawal of sugar exemption permits principal tax recovery, but bars pre-amendment penalties and limits interest to lawful demand.

VAT / Sales Tax

2026 (7) TMI 758

Review jurisdiction cannot reopen decided tax issues, while failure to produce records leaves a substantially identical assessment challenge unsuccessful

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 (7) TMI 990

Cheque dishonour presumptions remain unrebutted where the accused presents inconsistent, unsupported repayment and security-cheque defences.

Indian Laws

2026 (7) TMI 989

Cheque dishonour prosecution requires timely presentation and valid service of an accurate demand notice; defective compliance sustains acquittal.

Indian Laws

2026 (7) TMI 832

Recovery certificates could not support insolvency notices before the later deeming provision, which had no retrospective operation.

Indian Laws

2026 (7) TMI 831

Royalty computation through inclusive sale value remains a valid regulatory measure against mineral pricing manipulation and evasion.

Indian Laws

2026 (7) TMI 756

Reduced cheque demand after disclosed part payments may remain valid; disputed debt and Section 56 issues generally require trial.

Indian Laws

2026 (7) TMI 714

Settlement preserving cheque dishonour complaints keeps prosecution alive, while civil detention remains distinct from criminal punishment and double jeopardy.

Indian Laws


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