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Recent Case Laws

View All
2026 (5) TMI 1367

Presumption of constitutionality and proper officer powers under GST law were upheld, with the challenge to the circular rejected.

GST

2026 (5) TMI 1366

GST registration cancellation for curable defaults may be reversed where the taxpayer regularises returns and dues within time.

GST

2026 (5) TMI 1365

GST rate increase claim reconsidered, with direction to take corrective measures within two months.

GST

2026 (5) TMI 1364

Alternate statutory remedy under GST bars writ jurisdiction where appeal to the Tribunal remains available and timely.

GST

2026 (5) TMI 1363

Writ jurisdiction and alternative remedy bar: CGST challenge to notice and order left for statutory appeal.

GST

2026 (5) TMI 1362

Natural justice in tax recovery requires effective notice and hearing before coercive action, with interim bank account relief possible.

GST

2026 (5) TMI 1350

Coercive tax recovery restrained during first appeal where more than half the disputed demand was already paid.

Income Tax

2026 (5) TMI 1349

Reassessment notices against a deceased assessee were unsustainable where legal representatives were not proceeded against under the Income-tax Act.

Income Tax

2026 (5) TMI 1348

Reopening beyond four years fails where the Revenue relies on already examined material and no failure of disclosure is shown.

Income Tax

2026 (5) TMI 1347

Section 80-IB(10) dispute: questions 6.4 to 6.7 favoured the assessee, while the remaining issue was academic.

Income Tax

2026 (5) TMI 1346

Transfer pricing aggregation and TNMM benchmarking sustained where concurrent findings and binding precedent barred selective method substitution.

Income Tax

2026 (5) TMI 1345

Section 263 and capital gains classification dispute ends after ITAT's fresh-verification remand is upheld.

Income Tax

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 (5) TMI 659

Review jurisdiction after recall of a foundational judgment allowed recall of an earlier order and restoration of appeals on merits.

Benami Property

2026 (5) TMI 593

Benami claims and narrow fiduciary exceptions can defeat a plaint at threshold when the pleadings disclose an unlawful arrangement.

Benami Property

2026 (5) TMI 389

Benami attachment cannot extend to an abettor's own assets without proof the assets themselves are benami property.

Benami Property

2026 (5) TMI 1316

Customs statement evidence requires mandatory section 138B compliance before reliance in adjudication.

Customs

2026 (5) TMI 1315

Customs confiscation requires proof of smuggled origin; an unrebutted purchase invoice can defeat suspicion alone.

Customs

2026 (5) TMI 1314

Misdescription of imported food testing kits denied exemption and sustained extended limitation and penalties.

Customs

2026 (5) TMI 1313

Reclassification and undervaluation in customs imports upheld only where examination records and documents supported the demand.

Customs

2026 (5) TMI 1246

Customs Act offences require proof of false declaration or attempted evasion; mere concealed gold and suspicion are insufficient.

Customs

2026 (5) TMI 1245

Natural justice in Foreign Trade Policy relaxation demands reasoned consideration and effective hearing before rejecting hardship-based relief.

Customs

2026 (5) TMI 930

Limitation and independent valuation principles led to rejection of challenges to removal from directorship and share dilution.

Companies Law

2026 (5) TMI 874

Transfer of winding up proceedings upheld where no irreversible stage was reached and expense claims could still be pursued

Companies Law

2026 (5) TMI 873

Penalty discretion under Companies law requires proportionality, separate certification, and no automatic multiplication against directors.

Companies Law

2026 (5) TMI 811

Settlement scheme implementation secured by keeping conflicting orders in abeyance and directing expeditious escrow payment steps.

Companies Law

2026 (5) TMI 1312

Look Out Circulars require tangible grounds and proportional restraint; speculative fear cannot justify restricting foreign travel under Article 21.

Companies Law

2026 (5) TMI 1107

Oppression and mismanagement applications require separate merits review for distinct events, while interim restraint may still be refused.

Companies Law

2026 (5) TMI 772

Condonation of delay in a first appeal granted where sufficient cause existed and the appellant was restored to appellate hearing on merits.

SEBI

2026 (5) TMI 1036

SCORES complaint remedies and civil compensation claim found outside tribunal jurisdiction; appeal dismissed with other remedies left open.

SEBI

2026 (4) TMI 878

Procedural objection raised too late, with no shown prejudice, led the Supreme Court to decline interference under Article 136.

SEBI

2026 (4) TMI 1752

Conditional directions for SEBI-linked funding: Supreme Court dismissed the petitions on request and granted liberty to proceed in law.

SEBI

2026 (3) TMI 1648

Fraudulent trading and minimum public shareholding breaches upheld; debarment reduced on proportionality, and appeals dismissed.

SEBI

2026 (3) TMI 1596

No ground to interfere with the tribunal order; the civil appeals were dismissed after delay was condoned.

SEBI

2026 (5) TMI 1311

Insolvency resolution plan finality bars post-CIRP recovery of pre-resolution electricity dues not filed in the insolvency process.

IBC

2026 (5) TMI 1310

Stale electricity arrears and unsubmitted insolvency dues cannot be enforced against an auction purchaser or used to disconnect supply.

IBC

2026 (5) TMI 1309

Pre-existing dispute test under insolvency law failed where emails and cheques showed acknowledgment of debt, not a genuine dispute.

IBC

2026 (5) TMI 1308

Share application money is not financial debt where funds were invested for equity allotment, defeating Section 7 insolvency action.

IBC

2026 (5) TMI 1241

Moratorium protection during CIRP bars lease termination and eviction where corporate debtor remains in possession.

IBC

2026 (5) TMI 1240

Time-bound CIRP and liquidation for prolonged delay upheld; adverse remarks against the resolution professional also sustained.

IBC

2026 (5) TMI 806

FEMA compliance on import remittances requires lawful utilisation or repatriation; unsupported third-party adjustments do not cure contravention.

FEMA

2026 (5) TMI 805

Importer's failure to prove imports and absence of due diligence sustained FEMA liability, though penalty was reduced.

FEMA

2026 (5) TMI 515

Foreign buyer commission not export proceeds absent exporter's receivable entitlement; FEMA penalty fails on that basis.

FEMA

2026 (5) TMI 514

Form FC-GPR reporting delay cannot be fastened on company where authorised dealer bank caused the forwarding lapse.

FEMA

2026 (5) TMI 380

FEMA penalty framework: authorised persons remain liable, but individual vicarious liability requires proof of responsibility during the relevant period.

FEMA

2026 (5) TMI 1102

FEMA penalty cannot rest on inapplicable borrowing rules or unpleaded downstream investment allegations

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 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 (1) TMI 1164

Competition law principles on cartelisation, dominance and prima facie closure in vendor procurement disputes

Law of Competition

2026 (5) TMI 1306

Freezing of bank accounts under PMLA requires proof of proceeds of crime before the statutory presumption can apply.

Money Laundering

2026 (5) TMI 1236

Pre-cognizance hearing under new criminal procedure law applies to PMLA complaints; administrative filing steps do not save the old regime.

Money Laundering

2026 (5) TMI 1235

PMLA investigation powers upheld: ECIR, summons, Section 50 statements, and corruption proceedings against a private person survived challenge.

Money Laundering

2026 (5) TMI 1234

Release of excess proceeds of crime cannot be refused merely because a challenge to reduced quantification is pending.

Money Laundering

2026 (5) TMI 1168

PMLA bail relief granted after co-accused bail, advanced age, and prolonged custody were considered.

Money Laundering

2026 (5) TMI 1167

Anticipatory bail in a serious economic offence turns on prima facie role, custodial interrogation, parity, and criminal antecedents.

Money Laundering

2026 (5) TMI 1305

CENVAT credit and tour operator tax dispute: extended limitation rejected, part of the credit denial sustained, and appeal dismissed.

Service Tax

2026 (5) TMI 1304

Past service tax liability cannot be recovered from a security deposit without a contractual clause or timely enforceable claim.

Service Tax

2026 (5) TMI 1303

Service tax reassessment remand follows expanded demand based on third-party data and fresh adjudication opportunity.

Service Tax

2026 (5) TMI 1302

Service tax adjudication remitted for fresh reply on levy, exemption, reverse charge and limitation issues.

Service Tax

2026 (5) TMI 1301

Statutory limitation governs refund claims for tax paid by mistake when lodged before tax authorities, making late claims time-barred.

Service Tax

2026 (5) TMI 1300

Strict compliance for service tax abatement denied where Cenvat credit on input services broke notification conditions.

Service Tax

2026 (5) TMI 1298

Destination-sale freight credit and limitation: outward freight tax credit was allowed, and extended limitation failed for want of suppression.

Central Excise

2026 (5) TMI 1297

Physical verification and corroborative evidence are essential before alleging shortage, clandestine removal, brand-name misuse or invalid credit.

Central Excise

2026 (5) TMI 1296

Ultra vires excise rule leaves demand, interest and penalty unsustainable after finality of the High Court ruling.

Central Excise

2026 (5) TMI 1229

Clandestine removal demands need corroborative evidence; private records, uncertified electronic printouts, and untested statements are insufficient.

Central Excise

2026 (5) TMI 1228

Cenvat credit demands based on untested third-party statements fail without Section 9D compliance and corroborative evidence.

Central Excise

2026 (5) TMI 1227

Optional maintenance charges excluded from excise value where separately contracted and not shown to be compulsory sale consideration.

Central Excise

2026 (5) TMI 973

Inter-State sale of natural gas determined by contractual delivery point; Uttar Pradesh could not levy local VAT.

VAT / Sales Tax

2026 (5) TMI 752

Consignment transfer burden of proof failed, so goods were treated as inter-State sales and penalty was upheld.

VAT / Sales Tax

2026 (5) TMI 576

Documentary proof and burden shift sustain civil money claim; limitation plea fails due to Covid-19 extension.

VAT / Sales Tax

2026 (5) TMI 502

Alternative statutory remedy and limited review jurisdiction prevented interference with tax assessment-related revision and review orders.

VAT / Sales Tax

2026 (5) TMI 1295

Stock transfer under CST law prevails where depot-level sales follow a framework arrangement and Form F defects are only procedural.

VAT / Sales Tax

2026 (5) TMI 1022

Captive mine job work and explosives used in mining can still support input tax credit in an integrated production process.

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 (5) TMI 972

MPID Act deposit definition and financial establishment scope can apply despite civil dispute or failed IPC allegations.

Indian Laws

2026 (5) TMI 1226

Permanent injunction against trademark misuse followed defendants' undertaking to cease operations and drop all misleading branding.

Indian Laws

2026 (5) TMI 1161

Statutory notice and presumptions under the Negotiable Instruments Act failed where debt and service were not proved.

Indian Laws

2026 (5) TMI 1087

Bail pending trial where custody was prolonged and investigation had substantially progressed through filing of charge sheets.

Indian Laws

2026 (5) TMI 1021

Tenant default under Order XV Rule 5 CPC requires fact-specific scrutiny before striking off defence or ordering remand.

Indian Laws

2026 (5) TMI 1020

Signed order prevails over oral dictation where corrections are non-material and no rehearing is warranted.

Indian Laws





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