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Recent Case Laws

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2026 (9) TMI 460

Pending IGST refunds require prompt final administrative decisions despite unresolved alerts against an exporter's IEC registration.

GST

2026 (9) TMI 459

Expiry of statutory detention period ends goods prohibition, requiring release when the extended order has lapsed.

GST

2026 (9) TMI 458

Fraudulent GST registrations demand stronger identity checks, data-sharing, verification and risk-based monitoring to protect taxpayers and revenue.

GST

2026 (9) TMI 457

Financial-year-specific GST limitation invalidates consolidated show-cause notices and permits writ review of apparent jurisdictional defects.

GST

2026 (9) TMI 456

Inverted duty refunds cover higher-taxed packing materials, while rate-reduction circulars cannot restrict statutory credit refunds.

GST

2026 (9) TMI 455

Inverted-duty GST refunds cover higher-taxed packaging inputs when packaged tea and bulk tea bear identical output rates.

GST

2026 (9) TMI 453

Valuation references cannot be used to artificially extend assessment limitation where underlying claims can be assessed directly.

Income Tax

2026 (9) TMI 452

Search-derived third-party material requires Section 153C assessment, making reassessment under Sections 147/148 impermissible.

Income Tax

2026 (9) TMI 451

Alternative remedy doctrine yields where assessment ignores material on exempt stipend status, requiring fresh factual determination by the Assessing Officer.

Income Tax

2026 (9) TMI 450

Revised-return scrutiny notices are jurisdictional, invalidating assessments when no fresh notice follows the operative revised return.

Income Tax

2026 (9) TMI 449

Unexplained money addition fails where third-party records lack proof of the assessee's ownership or unaccounted fund receipt.

Income Tax

2026 (9) TMI 448

Tribunal territorial jurisdiction follows the Assessing Officer's location, preventing adjudication by a Bench linked only to appellate proceedings.

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 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 427

Reassessment of excess export duty fixes refund limitation and starts statutory interest after the prescribed payment period.

Customs

2026 (9) TMI 426

Proper-officer functions permit DRI recovery notices, while active participation in prohibited-goods smuggling supports personal penalties.

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 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 16

Summary resumption of disputed assigned land cannot override a court-supervised auction without adjudication of title and transfer claims.

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 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 (9) TMI 301

Interim moratorium exclusion permits narrowly tailored arbitral asset-protection measures in personal-guarantor insolvency proceedings pending arbitration.

IBC

2026 (9) TMI 300

Section 10A protection bars CIRP when cash credit repayment defaults arise within the statutorily protected period.

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 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 418

Disclosure of relied-upon documents protects fair hearing rights, while evidentiary necessity governs retention of seized material.

Money Laundering

2026 (9) TMI 354

Anticipatory bail in money-laundering matters engages twin bail conditions and the independent status of predicate offences.

Money Laundering

2026 (9) TMI 353

Article 21 protection permits conditional PMLA bail where prolonged pre-trial custody makes trial completion remote.

Money Laundering

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 414

Composite works contracts escaped service tax before taxable works contract service commenced; later-period tax and interest remained appropriable.

Service Tax

2026 (9) TMI 413

Manpower supply classification failed where worker members directly engaged clients, and reimbursed wages were excluded from taxable value.

Service Tax

2026 (9) TMI 412

Composite works contracts with transferred goods fall outside repair service taxation, while extended limitation requires deliberate tax evasion.

Service Tax

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 290

Automobile-part classification excludes fare meters serving only fare calculation, preventing maximum-retail-price based excise valuation for such devices.

Central Excise

2026 (9) TMI 181

Job-work valuation under Rule 10A excludes notional profit, while exemptions depend on valid principal-manufacturer undertakings.

Central Excise

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 (9) TMI 174

Mens rea and false representation are essential before penalising concessional Form C purchases for registered business machinery use.

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 81

Delayed Foreign Travel Tax payments before notice do not constitute non-payment, and appellate review cannot worsen penalties.

Indian Laws

2026 (9) TMI 80

Unauthorised occupation standards protect statutory auction purchasers from summary eviction over unresolved lease transfers and disputed prior dues.

Indian Laws

2026 (9) TMI 289

Assignment of secured debt to a bank permits enforcement under SARFAESI despite the originating lender lacking notified status.

Indian Laws

2026 (9) TMI 288

Medicinal Codeine Exemption: Qualifying cough syrup remains outside NDPS controls unless knowingly diverted for intoxication or non-medicinal trafficking.

Indian Laws

2026 (9) TMI 173

EEZ fishing access requires regulated territorial transit channels and timely verification of Access Pass applications by State authorities.

Indian Laws

2026 (9) TMI 1

Vicarious liability for cheque dishonour requires specific allegations of business control, consent, connivance, or neglect; directorship alone is insufficient.

Indian Laws


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