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Recent Case Laws

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2026 (10) TMI 1763

Omission of a GST refund rule without saving clause invalidated a later show-cause notice lacking statutory authority.

GST

2026 (10) TMI 1762

Pre-trial liberty prevails where investigation is complete and no concrete risk to the trial process is established.

GST

2026 (10) TMI 1761

GST registration cancellation may be reconsidered where revocation conditions, tax compliance, returns, and business-place proof are satisfied.

GST

2026 (10) TMI 1760

Electronic Cash Ledger credit supports amnesty eligibility when delayed DRC-03A filing later appropriates timely paid tax.

GST

2026 (10) TMI 1759

GST proceedings against deceased registrants require notice to legal representatives; otherwise recovery orders and appellate-remedy objections fail.

GST

2026 (10) TMI 1758

GST on government-hired hotel accommodation requires provider registration and separate tax payment by the hiring Department.

GST

2026 (10) TMI 1756

Reassessment sanction validity turns on the competent approving authority and a live evidentiary link to alleged on-money.

Income Tax

2026 (10) TMI 1755

Timely first-appeal disposal requires priority treatment when prolonged tax appeal pendency creates genuine hardship for taxpayers.

Income Tax

2026 (10) TMI 1754

Net-profit estimation after book rejection requires material comparables; unsupported steel-trading margins cannot support a substantial legal question.

Income Tax

2026 (10) TMI 1753

Accepted sales receipts cannot be reclassified as unexplained cash credits where audited records and offered profit establish reported income.

Income Tax

2026 (10) TMI 1752

Requested video-conference personal hearing is mandatory; its denial invalidates assessment and consequential tax demand under faceless assessment procedure.

Income Tax

2026 (10) TMI 1751

Internal TNMM acceptance: binding precedent precludes a substantial question of law on transfer-pricing adjustment deletion.

Income Tax

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 1697

Benami cash deposits through another's bank account remain benami despite prompt banking-channel return, while attachment is limited.

Benami Property

2026 (10) TMI 1651

Pleading-stage scrutiny remains confined to plaint averments, leaving will validity and benami character for trial.

Benami Property

2026 (10) TMI 1696

Packaged software valuation requires RSP assessment where retail-package declarations are absent, defeating customized-software exemption and supporting extended duty consequences.

Customs

2026 (10) TMI 1695

Customs transaction value cannot be enhanced using undisclosed benchmark data without comparable-import evidence and sequential valuation methods.

Customs

2026 (10) TMI 1694

Transferable DFIA exemptions cannot be curtailed by public-notice-only CIF caps or actual user restrictions, preserving qualifying walnut imports.

Customs

2026 (10) TMI 1693

Advance ruling rectification cannot remove mandatory Section 65 conditions attached to a customs exemption for DTA units.

Customs

2026 (10) TMI 1582

SEZ-to-DTA computer classification under Heading 9804 involved dutiable-goods scope, IGST distinction, penalty, interest and appeal dismissal.

Customs

2026 (10) TMI 1581

Customs tariff classification dispute over Ethernet switch imports ended with dismissal of the delayed Civil Appeal.

Customs

2026 (10) TMI 1577

Liquidation asset-disclosure powers support summons of former directors and require renewed e-bidding after technical failures.

Companies Law

2026 (10) TMI 1499

Civil court jurisdiction survives for challenges to registered sale deeds despite the Companies Act tribunal bar.

Companies Law

2026 (10) TMI 1463

Company Court jurisdiction over liquidation assets permits title determination and expert-assisted sale of paintings within the liquidation estate.

Companies Law

2026 (10) TMI 1393

Prima facie cognizance scrutiny excludes defence evidence and mini-trials when complaints disclose alleged investigation non-cooperation.

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 (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 1692

Binding approved resolution plans prevent Committee withdrawal merely because the corporate debtor's financial position improves.

IBC

2026 (10) TMI 1691

IBC moratorium permits arbitration on a corporate debtor's counterclaim where pre-insolvency contractual termination lacks CIRP nexus.

IBC

2026 (10) TMI 1690

Conditional property-transfer arrangements do not extinguish admitted operational debt or create a pre-existing dispute for insolvency proceedings.

IBC

2026 (10) TMI 1576

Pending NCLT insolvency proceedings require petitioners to pursue available remedies before the Tribunal rather than continue writ relief.

IBC

2026 (10) TMI 1392

Interim Possession of Secured Property Transferred to Auction Purchaser Pending Resolution of Bankruptcy Process and Payment Timeline

IBC

2026 (10) TMI 1391

Former Resolution Professional loses standing to pursue personal insolvency process appeals after replacement by a new appointee.

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 1498

Roster allocation for foreign-exchange adjudication writ petitions places them in the revenue-and-tax group, not the residuary group.

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 1689

ECIR validity depends on a subsisting scheduled offence; quashing the sole predicate FIR ends related money-laundering proceedings.

Money Laundering

2026 (10) TMI 1688

Money-laundering bail: alleged diversion of allottee funds and trial delay supported refusal of release pending trial.

Money Laundering

2026 (10) TMI 1650

PMLA bail restrictions yield to Article 21 liberty and speedy-trial guarantees where prolonged custody lacks a foreseeable trial.

Money Laundering

2026 (10) TMI 1649

PMLA summons disclosure requirements permit limited particulars where the ECIR nexus is substantiated without compromising the money-laundering inquiry.

Money Laundering

2026 (10) TMI 1648

Statutory compliance in PMLA account freezing permits writ review where recorded reasons to believe are absent.

Money Laundering

2026 (10) TMI 1575

Statutory retention limits require release of seized property and frozen lockers when continued restraint lacks adjudicatory authorisation.

Money Laundering

2026 (10) TMI 1687

Electronic evidence and corroborated statements can substantiate service-tax liability on unaccounted cash receipts from flat purchasers.

Service Tax

2026 (10) TMI 1686

Hospital-premises food supply attracts outdoor catering tax despite VAT, while extended limitation requires deliberate tax evasion.

Service Tax

2026 (10) TMI 1685

Transitional service-tax refunds for cancelled flat bookings cannot be rejected using existing-law limitation rules after GST.

Service Tax

2026 (10) TMI 1684

Threshold exemption requires excluding diesel and input expenses, rendering generator-set rental service tax demand unsustainable.

Service Tax

2026 (10) TMI 1647

Service-tax verification requirements prevent demand relief where offshore, training, drilling, and reverse-charge claims lack supporting evidence.

Service Tax

2026 (10) TMI 1646

Resolution-plan approval extinguishes central excise demands, interest and penalties, preventing their survival after completion of insolvency proceedings.

Service Tax

2026 (10) TMI 1683

Job-work fabric processing does not constitute manufacture for textile cess when fabrics are returned to handloom or powerloom suppliers.

Central Excise

2026 (10) TMI 1567

Sufficient cause for appeal delay requires diligent action; internal failures and COVID-19 disruptions were insufficient.

Central Excise

2026 (10) TMI 1566

CENVAT credit for taxed job-work services remains available where the service supports manufacture despite an available exemption.

Central Excise

2026 (10) TMI 1484

Captive electricity generation supports CENVAT credit where power serves connected manufacturing units and is neither sold nor diverted externally.

Central Excise

2026 (10) TMI 1483

Extended-period limitation requires factual adjudication of a time-bar objection before the demand can be sustained.

Central Excise

2026 (10) TMI 1482

Extended limitation for interpretative CENVAT credit disputes fails, while normal-period credit requires proof of actual use.

Central Excise

2026 (10) TMI 1644

Tax reimbursement arbitration permits contractual allocation while import and inter-State sales remain outside DVAT under an integral contractual nexus.

VAT / Sales Tax

2026 (10) TMI 1643

Retrospective evidentiary standards for input tax credit require a fresh opportunity to prove genuine goods transactions.

VAT / Sales Tax

2026 (10) TMI 1565

Legal-metrology declarations apply to packaged telecom devices supplied for subscriber use, despite retained ownership and prior-adjudication objections.

VAT / Sales Tax

2026 (10) TMI 1564

Original assessment limitation under substituted Section 42 did not govern completion periods outside fresh reassessments ordered on review.

VAT / Sales Tax

2026 (10) TMI 1474

First-point taxation keeps petroleum sales within the cess base despite exclusion from the ordinary multi-stage VAT regime.

VAT / Sales Tax

2026 (10) TMI 1473

Revenue-prejudice requirement limits revision of appellate remand orders; without a recorded adverse revenue impact, revision cannot stand.

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 1682

Equitable full and final debt settlement preserves a running concern while disputed NPA classification and assignment issues remain unresolved.

Indian Laws

2026 (10) TMI 1681

Rebuttable cheque presumptions require complainants to prove enforceable debt once a probable defence shifts the evidentiary burden.

Indian Laws

2026 (10) TMI 1642

Witness summons under Order XVI may issue despite delayed listing when necessary evidence addresses the real controversy.

Indian Laws

2026 (10) TMI 1472

Severability of arbitral awards permits removal of unclaimed interest while preserving bonus and conditional GST reimbursement.

Indian Laws

2026 (10) TMI 1383

Plaint Amendment Limits: criminal compensation and criminal-litigation expenses cannot be introduced into a pending civil recovery suit.

Indian Laws

2026 (10) TMI 1382

Effective Representation in Conviction Appeals: Fair Hearing, Cross-Examination, and Proof of Debt Under Cheque Dishonour Law

Indian Laws


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