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Recent Case Laws

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2026 (8) TMI 1848

Proportionate pre-deposit refund follows final appellate relief despite a taxpayer's further challenge to the surviving GST demand.

GST

2026 (8) TMI 1847

Input tax credit rectification deadline lacks extension safeguard, potentially defeating statutory entitlement under Section 16(5).

GST

2026 (8) TMI 1846

Year-wise GST assessment limits prohibit consolidated Section 73 notices covering alleged tax shortfalls across multiple financial years or periods.

GST

2026 (8) TMI 1845

GST appellate remedy remains available after Tribunal constitution, with writ-pendency period considered for timely statutory compliance.

GST

2026 (8) TMI 1844

GST proceedings against deceased proprietors are void unless legal representatives receive notice and an opportunity to be heard.

GST

2026 (8) TMI 1843

Extended limitation requires material particulars of fraud, not bare allegations, requiring fresh adjudication of the input tax credit claim.

GST

2026 (8) TMI 1840

Faceless assessment safeguards require specific enquiries, considered replies and an effective hearing before adverse additions can stand

Income Tax

2026 (8) TMI 1839

Corporate guarantee settlement liability crystallised in the relevant previous year, making it deductible despite later consent terms and payment.

Income Tax

2026 (8) TMI 1838

Section 276CC prosecution is excluded when TDS credit leaves no assessed tax payable after appellate relief.

Income Tax

2026 (8) TMI 1837

Reassessment limitation confines pandemic extensions to expressly covered original expiry dates, invalidating late notices despite taxpayer participation.

Income Tax

2026 (8) TMI 1836

Reopening under Section 148 survives where an unexamined licensing issue requires factual verification of negotiable-instrument advances.

Income Tax

2026 (8) TMI 1835

Agricultural land status and sufficient own funds determine capital-gains taxability and interest disallowance on advances.

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 (8) TMI 1808

Technical expert evidence in classification disputes requires reasoned scientific rebuttal before exemption claims may be denied.

Customs

2026 (8) TMI 1807

Tariff classification of lead-bearing powder depends on reliable scientific evidence, leaving the declared heading undisturbed.

Customs

2026 (8) TMI 1760

Extended limitation and monitor classification require adjudicatory review after the importer submits its show-cause explanation.

Customs

2026 (8) TMI 1759

Reasonable time limits drawback recovery where Rule 16 is silent, invalidating unexplained delayed demands without fraud allegations.

Customs

2026 (8) TMI 1758

Textile tariff reclassification requires evidence of fibre composition; unsupported denial of concessional customs duty fails.

Customs

2026 (8) TMI 1713

Delay in pronouncing reserved judgments led to release of an indirect-tax writ petition, with interim status quo continued.

Customs

2026 (8) TMI 1806

Oppression and mismanagement: cumulative NBFC regulatory breaches and related-party impropriety can justify protective company-law relief.

Companies Law

2026 (8) TMI 1757

Territorial jurisdiction under Article 226(2) yielded to forum conveniens where the dispute's substantive connections lay elsewhere.

Companies Law

2026 (8) TMI 1710

Compliance with restoration directions cannot await a proposed review petition; company status must be restored pending any review order.

Companies Law

2026 (8) TMI 1616

Ministerial authorisation to present government-approved proceedings does not delegate statutory discretion, preserving attachment and disgorgement claims.

Companies Law

2026 (8) TMI 1615

Resolution plan finality bars company-law rectification claims seeking revival of extinguished pre-CIRP shareholding and membership rights.

Companies Law

2026 (8) TMI 1531

Transfer of winding-up proceedings permits rehabilitation where liquidation has not reached an irreversible stage through insolvency resolution.

Companies Law

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 (8) TMI 1231

SCORES complaint appeals cannot secure civil monetary relief before the Tribunal; alternative legal remedies remain available to aggrieved parties.

SEBI

2026 (8) TMI 1147

RTI disclosure limits: public authorities need not obtain private-body information unavailable in their records solely to answer requests.

SEBI

2026 (8) TMI 1146

Securities-market debarment relief permits approved preferential warrants and ordinary mutual-fund transactions while preserving the underlying debarment.

SEBI

2026 (8) TMI 1004

Front-running prosecutions must follow the specialised securities-law complaint procedure and cannot bypass it through a general criminal FIR.

SEBI

2026 (8) TMI 1805

Operational debt status of consortium advances supports Section 9 admission where no genuine pre-existing dispute exists.

IBC

2026 (8) TMI 1756

Insolvency resolution plans do not waive GST liabilities arising after their implementation date, despite relief for earlier indirect-tax dues.

IBC

2026 (8) TMI 1709

Corporate guarantee acknowledgments can renew limitation for insolvency applications when contractually binding the guarantor, sustaining timely insolvency admission.

IBC

2026 (8) TMI 1614

Disciplinary show cause notices require disclosed investigation material and fair consideration of insolvency professionals' defences.

IBC

2026 (8) TMI 1613

Resolution plan review under the IBC remains confined to statutory compliance, proven prejudice, material irregularity, and CoC commercial wisdom.

IBC

2026 (8) TMI 1612

Mortgage Priority in Liquidation: Earlier subsisting charges prevail, while untimely realisation elections bring security into the liquidation estate.

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 (8) TMI 1755

Provisional attachment challenges under PMLA ordinarily require statutory adjudication before writ jurisdiction is invoked absent exceptional illegality.

Money Laundering

2026 (8) TMI 1754

Enhanced due diligence does not permit banks to freeze entire customer accounts without statutory authority or competent-agency action.

Money Laundering

2026 (8) TMI 1708

Attached proceeds-of-crime property cannot be substituted with a bank guarantee, preserving assets for confiscation or restitution.

Money Laundering

2026 (8) TMI 1707

Provisional attachment requires a subsisting Scheduled Offence; later FIRs cannot retrospectively validate an unsupported attachment.

Money Laundering

2026 (8) TMI 1611

Prolonged undertrial detention under money-laundering law must yield to personal liberty where trial delay lacks accused fault.

Money Laundering

2026 (8) TMI 1522

Property-specific money-laundering findings are required before continued freezing; investigative necessity alone cannot justify retaining assets.

Money Laundering

2026 (8) TMI 1804

International freight mark-ups remain transportation consideration, not taxable business support services, where the underlying transport is non-taxable.

Service Tax

2026 (8) TMI 1803

Taxable value of coaching excludes separately sold materials and independent facilities unless receipts demonstrably relate to coaching services.

Service Tax

2026 (8) TMI 1802

Subcontractor service-tax liability remains independent despite main contractor payment, with CENVAT credit preventing double taxation.

Service Tax

2026 (8) TMI 1801

Export status of Business Auxiliary Services follows foreign recipient location, preserving Cenvat credit refunds without contradictory tax recovery.

Service Tax

2026 (8) TMI 1800

Taxable value in redevelopment cannot rely on independent flat sales where existing occupants receive non-comparable reconstructed flats.

Service Tax

2026 (8) TMI 1799

Ocean-freight service-tax liability cannot rest on income-tax return differences where binding precedent applies and extended limitation fails.

Service Tax

2026 (8) TMI 1796

Mistake-of-law refunds for wrongly paid education cesses are not barred by Section 11B's statutory limitation period.

Central Excise

2026 (8) TMI 1795

CENVAT credit for repair materials remains available when factory use and statutory credit records substantiate receipt and utilisation.

Central Excise

2026 (8) TMI 1749

CENVAT credit-availed capital goods cleared as waste and scrap attract duty regardless of manufacture or separate tariff classification.

Central Excise

2026 (8) TMI 1748

CENVAT credit on factory-installed captive power-plant goods remains available despite EPC procurement and subsequent immovable-plant incorporation.

Central Excise

2026 (8) TMI 1700

Refund of excess excise duty remains available where stenter galleries were wrongly included in annual production capacity.

Central Excise

2026 (8) TMI 1699

Suo motu annual refund credit remains sustainable where timely claims await verification, while delayed recovery is time-barred.

Central Excise

2026 (8) TMI 914

VAT and sales tax litigation reached the Supreme Court without disclosed underlying statutory or factual issues.

VAT / Sales Tax

2026 (8) TMI 1589

Compound rubber as a finished product remains eligible for sales-tax exemption despite exclusion of chemical treatment of raw rubber.

VAT / Sales Tax

2026 (8) TMI 1500

Return of deposited interest required after review dismissal, with the State directed to refund the amount within eight weeks.

VAT / Sales Tax

2026 (8) TMI 1301

Fresh assessment appeals require separate Legal Benefit Fund court fees after remand, without adjustment of earlier appeal fees.

VAT / Sales Tax

2026 (8) TMI 1300

Post-inspection revised returns may mitigate additions but cannot negate materially established purchase, sales, and turnover suppression.

VAT / Sales Tax

2026 (8) TMI 1134

Statutory interest on delayed refunds remains payable after principal refund release and must be quantified and released.

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 (8) TMI 1698

Vicarious liability for cheque dishonour requires specific allegations of a director's business control and responsibility at the relevant time.

Indian Laws

2026 (8) TMI 1588

Cheque presumptions support friendly-loan recovery where execution is admitted and rebuttal evidence, notice, jurisdiction and interest challenges fail.

Indian Laws

2026 (8) TMI 1450

Service-rule amendment power includes rescission, while non-tabling without prescribed consequences does not invalidate an otherwise valid promotion-rule change.

Indian Laws

2026 (8) TMI 1393

Transparent technical evaluation requires disclosed benchmarks and recorded reasons; unexplained scoring invalidates procurement awards and requires fresh tendering.

Indian Laws

2026 (8) TMI 1208

Cheating and conspiracy require proven dishonest inducement and prior agreement; suspicion or association alone cannot sustain criminal liability.

Indian Laws

2026 (8) TMI 1207

SARFAESI remedy before the Tribunal prevails, while disputed settlement terms cannot be enforced through writ jurisdiction.

Indian Laws


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