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Recent Case Laws

View All
2026 (8) TMI 847

Non-interference with High Court GST rulings leaves challenged judgments undisturbed as special leave petitions are dismissed.

GST

2026 (8) TMI 846

GST show-cause notices remain subject to Proper Officer adjudication where payment and supplier-return compliance require factual determination.

GST

2026 (8) TMI 845

Post-search sealing powers under GST remain limited to denied-access searches and cannot restrain non-confiscable office assets.

GST

2026 (8) TMI 844

GST registration revocation requires fresh consideration after return filing, tax payment and late-fee deposit following cancellation.

GST

2026 (8) TMI 843

GST portal-only uploading does not establish valid statutory service of notices or orders without assessee acknowledgement or response.

GST

2026 (8) TMI 842

Consideration of written GST replies is mandatory before ex parte adjudication; non-consideration requires a fresh reasoned hearing.

GST

2026 (8) TMI 832

Tax collection at source on illegal-mining compounding fees left undisturbed after related challenges were already disposed of.

Income Tax

2026 (8) TMI 831

Revision jurisdiction cannot revive a tolerance-limit claim omitted from a self-assessment return after the revised-return deadline expires.

Income Tax

2026 (8) TMI 830

Extended reassessment limitation fails when erroneous bank data cannot establish the statutory escaped-income threshold for reopening beyond three years.

Income Tax

2026 (8) TMI 829

Processing of sitting judges' income-tax returns requires identification details to implement an interim exclusion without disrupting other returns.

Income Tax

2026 (8) TMI 828

Dispute Resolution Panel directions bind final assessments, requiring reassessment where a transfer-pricing basis is revised after timely objections.

Income Tax

2026 (8) TMI 827

Ten-year limitation for search-based reassessment excludes assessment years preceding the statutory block, invalidating notices issued beyond that period.

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 347

Benami share ownership established by routed consideration, but freezing shares outside identified attachment proceedings was invalid.

Benami Property

2026 (8) TMI 346

Benami property attachment requires verified funding, control, and transaction evidence; incomplete investigation led to remand for reinvestigation.

Benami Property

2026 (8) TMI 816

Laser imager classification follows the residual accessory heading when equipment supports diagnostic machines across different tariff headings.

Customs

2026 (8) TMI 815

Interim import clearance safeguards preserve duty recovery while allowing provisional release of ongoing and future consignments pending appeal.

Customs

2026 (8) TMI 814

Prospective operation of customs amendments requires pre-amendment imports to be considered for provisional release under the applicable regime.

Customs

2026 (8) TMI 813

Customs Broker authority and reliable evidence govern reclassification and revaluation, preventing unsupported confiscation and consequential penalties.

Customs

2026 (8) TMI 812

Penalty for duty-free goods shortage fails without reliable proof of deliberate diversion, while duty and interest remain payable.

Customs

2026 (8) TMI 811

Reasonable belief and proof of foreign origin are essential before burden shifting or confiscation for alleged smuggled jewellery.

Customs

2026 (8) TMI 806

Invoice recovery limitation remains unaffected by winding-up proceedings, while valid partnership registration preserves capacity to sue.

Companies Law

2026 (8) TMI 735

Functus officio bars intervention and recall in concluded writ proceedings without a demonstrated subsisting affected right.

Companies Law

2026 (8) TMI 734

Pre-emptive share-transfer rights void outsider transfers that bypass Board-led member offers and prescribed valuation procedures under company articles.

Companies Law

2026 (8) TMI 600

Locus standi in winding-up proceedings bars a former director's individual appeal after the issue attained finality.

Companies Law

2026 (8) TMI 528

Order XXXIX Rule 3 compliance sustained interim protection and permitted civil recovery proceedings alongside continued SFIO investigation into provident-fund defalcation.

Companies Law

2026 (8) TMI 527

Foreign judgment enforcement supports interim asset disclosure and restraints without prior re-adjudication where jurisdiction remains unrebutted.

Companies Law

2026 (8) TMI 805

Insider trading prohibition applies to securities sales while possessing unpublished price sensitive information unless a recognised exonerating circumstance is proved.

SEBI

2026 (8) TMI 733

Mitigating factors can reduce statutory minimum penalties where no overriding clause applies, while ineffective notice invalidates enforcement orders.

SEBI

2026 (8) TMI 654

Void securities cannot be transferred after acceptance of a regulatory invalidation order, and inconsistent conduct is precluded.

SEBI

2026 (8) TMI 599

Statutory complaint requirement bars cognizance on police reports, while FIRs lacking cheating ingredients warrant partial quashing.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes bar writ jurisdiction where contractual arbitration and exchange grievance mechanisms remain uninvoked.

SEBI

2026 (7) TMI 1607

Suspension of securities-law sentences continues pending appeal, with deposit deadline extended and surrender deferred for one month.

SEBI

2026 (8) TMI 804

Limitation for operational debt runs from each default, barring delayed Section 9 insolvency applications despite a subsisting contract.

IBC

2026 (8) TMI 803

Belated creditor claims in insolvency raise questions over challenges to approved resolution plans and finality of the resolution process.

IBC

2026 (8) TMI 802

Resolution-plan distributions may follow admitted claim ratios, limiting dissenting secured creditors to their statutory minimum entitlement.

IBC

2026 (8) TMI 653

Limitation in personal guarantor insolvency bars stale Section 94 filings and permits threshold rejection without a Resolution Professional.

IBC

2026 (8) TMI 598

Corporate criminal liability under IBC Section 32A remained unresolved as the special leave petition was dismissed without further reasoning.

IBC

2026 (8) TMI 526

Fraud classification orders remain valid when audit findings are adopted and affected parties receive a meaningful opportunity to respond.

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 800

Interim order balance protected all parties, so no interference occurred while writ petition merits remained pending.

Money Laundering

2026 (8) TMI 799

Money-laundering proceedings can survive compromise-based FIR quashing where wider alleged criminal proceeds and connected transactions remain under investigation.

Money Laundering

2026 (8) TMI 798

Proceeds of crime may include equivalent-value property, supporting retention of seizures and freezing of linked financial accounts.

Money Laundering

2026 (8) TMI 732

Default bail and money-laundering bail conditions require timely complaint filing and satisfaction of statutory twin conditions for release.

Money Laundering

2026 (8) TMI 597

Special Court cognizance is mandatory before scheduled-offence committal, protecting a substantially concluded trial and speedy-trial rights.

Money Laundering

2026 (8) TMI 596

PMLA twin conditions for regular bail remain unmet where digital evidence and an unresolved money trail indicate laundering.

Money Laundering

2026 (8) TMI 797

Goods Transport Agency classification accepts substantively complete transport bills, while Form 26AS alone cannot support extended-period service-tax demands.

Service Tax

2026 (8) TMI 796

Copyrighted software licensing: pre-existing intellectual property service did not cover pre-installation and sublicensing, while extended limitation required proven suppression.

Service Tax

2026 (8) TMI 795

Works contract exemption for agricultural-produce marketing applied, while unsupported extended limitation and rental-service demands failed.

Service Tax

2026 (8) TMI 794

Residential dwelling rentals used as residences qualify for service-tax exclusion, defeating demands for tax, interest and penalties.

Service Tax

2026 (8) TMI 793

Extended limitation fails without intentional suppression, while overseas employee secondment attracts service tax only within the normal period.

Service Tax

2026 (8) TMI 792

Service tax on manufacturing job-work and pre-amendment reimbursements fails; unsupported investigation deposits require refund with interest.

Service Tax

2026 (8) TMI 789

Interest on refundable investigation deposits may run from deposit date where no pre-existing duty liability exists.

Central Excise

2026 (8) TMI 726

Product-specific anaesthetic exemption applies to Nitrous Oxide I.P. supplied to traders without implied end-use restrictions.

Central Excise

2026 (8) TMI 725

Refund interest on appellate pre-deposits remains limited to the notified statutory rate from payment until refund.

Central Excise

2026 (8) TMI 724

Cenvat credit reversal demands fail where import documents and statutory returns negate higher liability and suppression.

Central Excise

2026 (8) TMI 644

MRP declaration rules distinguish industrial and institutional consumers, determining Chapter II exclusion and excise valuation based on retail price.

Central Excise

2026 (8) TMI 643

Extended limitation for inadmissible CENVAT credit applies where pre-exemption input-service invoices were concealed through fragmented return disclosures.

Central Excise

2026 (8) TMI 788

Gross turnover taxability of drought relief remained undisturbed where relief was invoiced and charged to the purchaser.

VAT / Sales Tax

2026 (8) TMI 787

Inter-State vehicle movements linked to dealer orders and advance payments constitute taxable sales, not exempt branch stock transfers.

VAT / Sales Tax

2026 (8) TMI 723

VAT penalty for missing transit form fails where exempt imported goods create no VAT liability.

VAT / Sales Tax

2026 (8) TMI 722

Due service and territorial tax jurisdiction invalidate a demand where portal records conflict and out-of-state turnover remains unverified.

VAT / Sales Tax

2026 (8) TMI 514

Composition-tax benefit remains available when out-of-State liquor resale is separately taxed at the normal rate.

VAT / Sales Tax

2026 (8) TMI 414

Form-38 correction-marker irregularity cannot sustain penalty absent evidence of tax evasion or attempted evasion for non-resale machinery imports.

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 786

Director liability for cheque dishonour may proceed where complaints allege responsibility for the company's business affairs.

Indian Laws

2026 (8) TMI 721

Defective criminal charges remain curable where accused had notice and suffered no prejudice, preventing an unnecessary de novo trial.

Indian Laws

2026 (8) TMI 638

Criminal process for money recovery rejected where a flat-sale dispute remained civil and cognizance was properly refused.

Indian Laws

2026 (8) TMI 590

Cheque dishonour presumptions prevailed where admitted issuance and signature were met only by partially proven repayment.

Indian Laws

2026 (8) TMI 589

Personal liability for trust-related cheque dishonour remained unproved after presumptions were rebutted, supporting acquittal.

Indian Laws

2026 (8) TMI 588

Net Owned Fund compliance remains mandatory despite pending amalgamation proposals, supporting registration cancellation without creating permanent regulatory stigma.

Indian Laws





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