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Recent Case Laws

View All
2026 (5) TMI 861

GST penalty orders and writ jurisdiction: court declined merits review, upheld statutory penalty structure, and directed parties to appeal.

GST

2026 (5) TMI 860

Ex parte tax adjudication remanded for fresh reply and merits hearing, with conditional compliance terms retained.

GST

2026 (5) TMI 859

Directory time limit under GST waiver rules cannot be treated as an absolute bar to merits consideration.

GST

2026 (5) TMI 792

GST Special Leave Petitions withdrawn with liberty to seek High Court review after similar remand order

GST

2026 (5) TMI 791

Appellate interference declined after the SC found no error in the CESTAT order and dismissed the civil appeal.

GST

2026 (5) TMI 790

Mandatory hearing before GST refund rejection renders order unsustainable if no effective opportunity is granted.

GST

2026 (5) TMI 858

Reassessment and business income rules: fresh tangible material can justify reopening, and fixed gross receipts may be taxable revenue.

Income Tax

2026 (5) TMI 857

Interest deduction for composite business borrowing upheld where funds were commercially expedient and linked to associated share investment.

Income Tax

2026 (5) TMI 856

Curative jurisdiction applies only within narrow limits, and defective petitions failing those limits were not entertainable.

Income Tax

2026 (5) TMI 855

Reassessment notices and limitation: High Courts must first ermine the applicable assessment year before deciding time-bar under prior ruling.

Income Tax

2026 (5) TMI 854

Reopening of assessment and borrowed satisfaction: recorded reasons must show independent application of mind before jurisdiction can be assumed.

Income Tax

2026 (5) TMI 853

Natural justice in tax assessment requires full disclosure of adverse material before prejudicial findings are drawn.

Income Tax

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 law and unlawful arrangements: plaint rejection, narrow fiduciary exception, and limited retrospective effect of amendments.

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 287

Benami attachment requires proved nexus between the alleged amount and the attached immovable properties.

Benami Property

2026 (5) TMI 815

Refund of Extra Duty Deposit upheld on limitation and unjust enrichment grounds, with interest awarded on delayed payment.

Customs

2026 (5) TMI 814

Incomplete laboratory testing cannot support final customs classification; fresh testing and provisional clearance were directed to resolve uncertainty.

Customs

2026 (5) TMI 813

Unlocking and activating export mobile phones is configuration, not use, so confiscation and penalties could not stand.

Customs

2026 (5) TMI 812

SAD refund under Notification No. 102/2007-Cus may still be available where subsequent sale attracts NIL sales tax/VAT.

Customs

2026 (5) TMI 781

Exclusive Customs Act release mechanism bars criminal court jurisdiction over seized vehicle custody

Customs

2026 (5) TMI 780

Customs valuation depends on admissible evidence, with section 138 safeguards controlling reliance on statements and electronic records.

Customs

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 810

Company Court jurisdiction and involuntary lease transfer principles guided rejection of differential premium claims in liquidation.

Companies Law

2026 (5) TMI 773

Approved scheme of arrangement binds dissenting creditors and bars parallel suits on the same underlying claims.

Companies Law

2026 (5) TMI 526

Fraud classification requires disclosure of relied-upon material and reasons; undisclosed lender consensus could not sustain the order.

Companies Law

2026 (5) TMI 525

Winding-up petition transfers: bona fide pre-order dispositions may be validated under Section 536(2) when made for fair value.

Companies Law

2026 (5) TMI 524

Waiver of statutory threshold in oppression and mismanagement petitions sustained where prima facie continuing oppression was shown.

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 (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 (3) TMI 1380

Show-cause notice response time granted as Supreme Court dismisses appeal and leaves remaining merits open.

SEBI

2026 (5) TMI 809

Mandatory certified-copy compliance in insolvency appeals controls maintainability and cannot be cured by delay condonation.

IBC

2026 (5) TMI 808

Condonation of delay in refiling requires a credible date-wise explanation; unsupported excuses will not justify leniency.

IBC

2026 (5) TMI 807

Service direction not uploaded in time: dismissal for want of notice steps was set aside

IBC

2026 (5) TMI 771

Delay condoned, but no ground found to interfere with NCLAT's insolvency judgment; appeal dismissed.

IBC

2026 (5) TMI 770

Personal guarantor liability survives resolution plan where unpaid dues remain enforceable and Section 95 action stays within limitation

IBC

2026 (5) TMI 769

Financial creditor status requires actual disbursal and time value of money; collateral for another loan does not create secured debt.

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 379

Retracted statements and corroborating material can sustain FEMA contravention; separate customs settlement does not bar distinct foreign exchange action.

FEMA

2026 (5) TMI 378

Natural justice in competition proceedings requires notice before departing from the investigation report's findings.

Law of Competition

2026 (4) TMI 801

Cartel evidence through emails upheld, with partner liability and penalty principles sustained under competition law.

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

Use of Crystalline Durability Admixture in heavy infrastructure projects: nationwide market accepted, no dominance or anti-competitive conduct found, appeal dismissed

Law of Competition

2026 (1) TMI 1081

Abuse of dominance investigation notice requirement clarified: no initial notice if no prima facie case; informant need not be heard.

Law of Competition

2026 (5) TMI 804

Bail in PMLA proceedings may be granted where trial progress, witness examination, age and incarceration support relief.

Money Laundering

2026 (5) TMI 759

Bail condition modification remains open despite dismissal of an earlier challenge; fresh hearing required on the application's merits.

Money Laundering

2026 (5) TMI 758

Bail conditions under PMLA sought to be relaxed after passage of time, but the application was withdrawn.

Money Laundering

2026 (5) TMI 648

PMLA discharge and charge standard: prima facie material and Section 50 statements can justify proceeding without a mini trial.

Money Laundering

2026 (5) TMI 647

Equivalent-value attachment upheld where tainted proceeds were unavailable, despite pending predicate proceedings and no separate accused naming.

Money Laundering

2026 (5) TMI 646

Provisional attachment under PMLA can reach non-accused persons where material shows possession of proceeds of crime and linked lending operations.

Money Laundering

2026 (5) TMI 803

Service tax adjudication remitted to show-cause stage as related liability, exemption, reverse charge, and limitation issues remained open.

Service Tax

2026 (5) TMI 802

Service tax proceedings remitted to show-cause stage after orders were set aside, with exemption and limitation issues to be reconsidered.

Service Tax

2026 (5) TMI 801

Business facilitator services in rural banking areas qualified for service tax exemption, defeating the demand.

Service Tax

2026 (5) TMI 800

Extended limitation for service tax cannot apply without suppression or wilful evasion where exemption and non-taxability are supported.

Service Tax

2026 (5) TMI 799

Photograph printing as manufacture: transforming soft-copy images into photo books falls outside service tax on photography services.

Service Tax

2026 (5) TMI 798

SEZ service tax refund allowed where tax was paid on authorised operations and Section 11B conditions were satisfied.

Service Tax

2026 (5) TMI 796

Clandestine removal proved by transport records and admission, but separate partner penalty failed without a distinct role.

Central Excise

2026 (5) TMI 795

Excise duty on manufacture bars later levy on pre-commencement stock, so post-date clearance did not create liability.

Central Excise

2026 (5) TMI 794

Rule 6 Cenvat credit does not apply to iron ore fines arising as waste or by-product during screening and processing.

Central Excise

2026 (5) TMI 793

Evidentiary support for clandestine clearance fails where remand evidence is not properly verified and computer printouts lack admissibility.

Central Excise

2026 (5) TMI 751

Input service nexus with manufacture sustains CENVAT credit, and ISD-distributed credit cannot be denied without challenging the distributor.

Central Excise

2026 (5) TMI 750

Job-work valuation: customer-supplied free inputs not automatically includible, and extended limitation fails without suppression.

Central Excise

2026 (5) TMI 752

Burden to prove consignment transfer failed, so inter-State sales, assessment competence, limitation, and penalty were all sustained.

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

Writ interference refused over remand, concurrent findings and restricted review jurisdiction in assessment proceedings

VAT / Sales Tax

2026 (5) TMI 431

Statutory remedy in certificate proceedings prevails, with limited interim protection to enable a liability objection before the officer.

VAT / Sales Tax

2026 (5) TMI 430

Limitation for revisional tax orders: an order passed beyond the statutory period was held void and set aside.

VAT / Sales Tax

2026 (5) TMI 261

Belated writ challenge and unavailed alternate remedy bar interference under Article 226 in the stated tax dispute.

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 747

Statutory presumption for signed cheque liability survives bare security-cheque plea and supports reversal of acquittal

Indian Laws

2026 (5) TMI 636

Arbitral award set aside for no evidence, inadequate reasons, and failure to address a material tax-liability defence.

Indian Laws

2026 (5) TMI 635

Provisional liquidator appointment can defeat Section 138 liability when directors lose control before cheque dishonour and notice.

Indian Laws

2026 (5) TMI 634

Pre-cognizance hearing in cheque dishonour cases rejected; written objections did not justify setting aside the cognizance order.

Indian Laws

2026 (5) TMI 633

Security cheques can still trigger Section 138 liability when debt subsists and the presumption is unrebutted.

Indian Laws

2026 (5) TMI 575

Provisional Liquidator control bars Section 138 liability where cheques are presented without authority and account blockage follows liquidation

Indian Laws





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