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Recent Case Laws

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2026 (9) TMI 537

Proceedings against a non-existent merged entity remain void, and CGST recovery provisions cannot validate them.

GST

2026 (9) TMI 536

Pre-deposit rules follow the show-cause notice date, while disputed proper-officer objections belong before statutory appellate review.

GST

2026 (9) TMI 535

Reasoned adjudication requires addressing SEZ exemption claims; cryptic rejection invalidates the order and requires fresh determination.

GST

2026 (9) TMI 534

Electronic-only GST notice service after registration cancellation invalidates ex parte adjudication without an effective opportunity of hearing.

GST

2026 (9) TMI 533

GST payment representations require tender, invoice and final-bill review before authorities issue reasoned decisions on contractor claims.

GST

2026 (9) TMI 532

Demand beyond the show cause notice is prohibited, making excess GST confirmation fundamentally unsustainable under Section 75(7).

GST

2026 (9) TMI 525

Pre-2021 reassessment limitation: a notice faced challenge after expiry of the applicable statutory limitation period for reassessment.

Income Tax

2026 (9) TMI 524

Defective penalty notices based on unstruck cyclostyled particulars faced scrutiny, while discretionary intervention was declined.

Income Tax

2026 (9) TMI 523

Reassessment approval after the extended limitation period required competent higher authority sanction, rendering revival without jurisdiction.

Income Tax

2026 (9) TMI 522

Director tax liability under Section 179 requires consideration of replies and evidence before a fresh lawful determination.

Income Tax

2026 (9) TMI 521

Disputed-interest settlement eligibility extends to pending writ challenges after rejected interest-waiver applications under the scheme.

Income Tax

2026 (9) TMI 520

Section 14A disallowance under Rule 8D cannot automatically increase book profit under the MAT computation provisions.

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 1545

Benami property exceptions protect a father's purchase in minor children's names from statutory bar and plaint rejection.

Benami Property

2026 (8) TMI 1327

Benami transaction definition requires owner's lack of knowledge; acknowledged share allotment and buy-back consideration defeated the statutory claim.

Benami Property

2026 (9) TMI 481

Customs exemption scope covers specialised petroleum-service equipment despite mismatch with List tariff heading before later specific entry.

Customs

2026 (9) TMI 480

Retroactive Certificates of Origin can support post-clearance reassessment of Bills of Entry for India-Japan CEPA preferential customs duty.

Customs

2026 (9) TMI 431

Reverse burden in customs cases distinguishes gold, silver and cash confiscation based on reasonable belief and evidentiary nexus.

Customs

2026 (9) TMI 430

Customs notice safeguards: disputed facts over detained gold preclude writ-based release and require adjudication on merits.

Customs

2026 (9) TMI 429

Statutory revision governs disputed customs confiscation facts, making writ review unsuitable where waiver and notice remain contested.

Customs

2026 (9) TMI 428

Provisional release security must remain proportionate to disputed customs duty, and compliance cannot bar merits review of its demand.

Customs

2026 (9) TMI 99

Limitation for Official Liquidator claims extends through Article 137 and statutory exclusion, preserving claims filed within the available period.

Companies Law

2026 (9) TMI 479

Director disqualification cannot deactivate a DIN without Rule 11 compliance and a prior hearing under natural justice.

Companies Law

2026 (9) TMI 423

Company investigation safeguards require recorded statutory satisfaction and prior hearing before external agencies receive tracking-information directions.

Companies Law

2026 (9) TMI 358

Permanent winding-up stays require a bona fide revival plan advancing public interest, commercial morality, creditor settlement and worker protections.

Companies Law

2026 (9) TMI 208

Clear court undertakings support contempt, while asset-dissipation risk can justify security for enforcement of foreign money decrees.

Companies Law

2026 (9) TMI 207

Forensic audit in foreign-award enforcement can trace alleged asset dissipation without deciding ultimate civil, contempt, or restitutionary liability.

Companies Law

2026 (9) TMI 98

Competing open-offer timelines run from the first detailed public statement, preventing revival after the offer process closes.

SEBI

2026 (9) TMI 302

Leave against acquittal requires arguable grounds for deeper scrutiny, while certified-copy time is excluded from limitation.

SEBI

2026 (9) TMI 206

Clearing member liability for trading member client defaults requires a statutory duty and authorised monetary remedy.

SEBI

2026 (9) TMI 14

Disclosure in public interest litigation is mandatory; suppression of overlapping proceedings defeats equitable writ relief and warrants costs.

SEBI

2026 (8) TMI 1452

Pre-litigation mediation exemption applies where commercial suits genuinely require urgent disclosure and asset-protection interim relief for affected investors.

SEBI

2026 (8) TMI 1401

SEBI ODR arbitration requires participation after failed conciliation while preserving jurisdictional and maintainability objections for arbitral determination.

SEBI

2026 (9) TMI 478

Section 12A withdrawal formalities may be impracticable where settled creditor claims and unresolved CIRP costs create procedural stalemate.

IBC

2026 (9) TMI 477

Personal insolvency applications abusing interim moratorium to obstruct security enforcement rather than genuine repayment resolution warrant rejection.

IBC

2026 (9) TMI 422

Going-concern sale implementation permits consequential reliefs, but preserves agreed acquisition costs and independent statutory compliance.

IBC

2026 (9) TMI 357

Time-extension penalties cannot be shifted to resolution applicants and homebuyers as insolvency resolution costs for a developer's default.

IBC

2026 (9) TMI 356

CIRP termination granting sought relief cannot itself support a challenge to the termination order.

IBC

2026 (9) TMI 355

IBC overriding effect extinguishes pre-CIRP electricity parallel operation charges covered by an approved resolution plan.

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 (9) TMI 476

Women's exemption from PMLA bail twin conditions remains discretionary and subject to ordinary bail safeguards.

Money Laundering

2026 (9) TMI 475

Risk of frustrating confiscation was unproven, making confirmation of provisional attachment unsustainable despite pending insolvency proceedings.

Money Laundering

2026 (9) TMI 474

Provisional attachment requires a real risk of alienation and fails where judicial restraints and insolvency proceedings prevent transfer.

Money Laundering

2026 (9) TMI 421

Anticipatory bail under money-laundering law requires satisfaction of statutory twin conditions and fails where prima facie involvement is shown.

Money Laundering

2026 (9) TMI 420

Proceeds-of-crime attachment reaches non-accused holders when legitimate property sources and absence of criminal nexus remain unestablished.

Money Laundering

2026 (9) TMI 419

Equivalent-value attachment under money-laundering law requires a proven proceeds-of-crime nexus and a real risk of frustrated confiscation.

Money Laundering

2026 (9) TMI 473

Revenue consistency in identical service-tax disputes prevents selective challenges, while extended limitation requires proven intentional suppression of facts.

Service Tax

2026 (9) TMI 472

Service tax valuation excludes VAT-paid goods in works contracts, while qualifying lift-irrigation work receives exemption and limitation protection.

Service Tax

2026 (9) TMI 471

Service-tax demands based solely on accounting discrepancies fail without proof of taxable services or deliberate suppression.

Service Tax

2026 (9) TMI 417

Clinical-trial testing exemption and employee bond forfeitures exclude service tax where regulatory approval rests with trial sponsors.

Service Tax

2026 (9) TMI 416

Extended limitation fails where advertising-space tax disputes arise from disclosed records and bona fide interpretational uncertainty.

Service Tax

2026 (9) TMI 415

Indirect-tax refund claims fail without proof that tax incidence was retained, despite non-levy clarification or non-recovery protection.

Service Tax

2026 (9) TMI 470

CENVAT credit on additional customs duty for imported steam coal remains available despite Central Excise exemption restrictions.

Central Excise

2026 (9) TMI 469

Job-work scrap duty rests with the retaining job worker, not the principal manufacturer supplying processing materials.

Central Excise

2026 (9) TMI 410

Pipeline intermixing of SKO with HSD/MS is not manufacture, preventing higher differential excise duty on interface clearances.

Central Excise

2026 (9) TMI 409

Rule 26 abetment penalty fails where clandestine removal and confiscability of allegedly purchased excisable goods lack corroborative evidence.

Central Excise

2026 (9) TMI 343

Extended limitation cannot apply where prior Cenvat credit disclosures reveal material facts and later departmental letters add nothing new.

Central Excise

2026 (9) TMI 342

Input credit for construction steel requires item-wise reassessment under the applicable legal test for eligibility.

Central Excise

2026 (9) TMI 468

Legislative competence after GST constitutional amendment invalidates retrospective VAT limitation amendment excluding appellate proceeding time.

VAT / Sales Tax

2026 (9) TMI 408

Motor-vehicle accessory classification places exclusively vehicle-used CNG/LPG kits, cylinders and containers under the higher tax rate.

VAT / Sales Tax

2026 (9) TMI 341

Contractor material supplies become taxable sales when their value is recovered through deductions from final contractual payments.

VAT / Sales Tax

2026 (9) TMI 177

Title-based classification of railway rolling-stock transfers determines taxable sales, while agency procurement avoids an intermediate sales-tax transaction.

VAT / Sales Tax

2026 (9) TMI 176

Finality of assessments bars challenges to consequential demand notices seeking to revive exhausted disputes through recovery proceedings.

VAT / Sales Tax

2026 (9) TMI 175

Input tax credit survives subsequent supplier registration cancellation when contemporaneous banking and goods-movement evidence supports genuine purchases.

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 (9) TMI 467

Mandatory pre-process inquiry in cheque dishonour complaints involving out-of-jurisdiction accused remains central, while trial issues stay open.

Indian Laws

2026 (9) TMI 466

Statutory cheque presumptions require cogent rebuttal, while successor Magistrates may decide summons-trial evidence without procedural invalidity.

Indian Laws

2026 (9) TMI 465

Post facto fee sanction permits payment for accepted valuation work while recovery remains confined to liquidation funds excluding third-party liability.

Indian Laws

2026 (9) TMI 464

Corporate cheque-dishonour liability requires verified company roles, preventing prosecution of persons wrongly designated as responsible officers.

Indian Laws

2026 (9) TMI 463

Judicial review of tender decisions remains limited where no arbitrariness, unequal treatment, mala fides or procedural breach is shown.

Indian Laws

2026 (9) TMI 462

Reasoned FCRA renewal decisions require justified security confidentiality; peaceful protest support alone cannot establish an undesirable purpose.

Indian Laws


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