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Recent Case Laws

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2026 (7) TMI 986

Regular bail in pan masala cess investigation granted with bond, sureties, weekly appearance, and statutory compliance conditions.

GST

2026 (7) TMI 985

Statutory appellate remedy governs consequential GST refund disputes where fresh rejection rests on independently reasoned claim examination.

GST

2026 (7) TMI 984

Limitation for GST demand orders applies to timely issuance, while portal upload and taxpayer service may validly follow later.

GST

2026 (7) TMI 983

Alternative statutory appeal bars direct writ challenge to input tax credit recovery proceedings under the GST framework.

GST

2026 (7) TMI 982

Provisional attachment requires tangible material supporting revenue protection; statutory wording alone cannot sustain a bank-account attachment order.

GST

2026 (7) TMI 981

Advance ruling binding effect remains limited to applicants and jurisdictional officers, preventing third-party writ challenges based on contractual consequences.

GST

2026 (7) TMI 988

Change of opinion bars reassessment when previously scrutinised share transactions are reopened without new tangible material or information.

Income Tax

2026 (7) TMI 987

Recorded business cash deposits during demonetisation cannot be treated as unexplained money without disproving books and supporting records.

Income Tax

2026 (7) TMI 974

Seized-material nexus for section 153C proceedings remained essential, as quashing of satisfaction recording and notices stood undisturbed.

Income Tax

2026 (7) TMI 973

Fair opportunity to respond was denied by ineffective notice service, requiring fresh assessment after personal hearing.

Income Tax

2026 (7) TMI 972

Consideration of revision evidence required before sustaining an ex parte assessment; de novo assessment follows after a fair hearing.

Income Tax

2026 (7) TMI 971

Wilful tax-payment evasion requires deliberate evasive conduct; financial difficulty and delayed payment alone do not sustain prosecution.

Income Tax

2026 (7) TMI 860

Fictitious-name benami transactions permit attachment of routed funds when cumulative evidence remains unrebutted by the benefiting participant.

Benami Property

2026 (7) TMI 736

Benami money trail and prejudice test shape why attachment survived and the cross-examination challenge did not succeed.

Benami Property

2026 (7) TMI 672

Benami cash routing and no proven prejudice from denied cross-examination led to upheld attachment.

Benami Property

2026 (7) TMI 671

Benami finding set aside for incomplete appreciation of evidence; matter remanded for fresh consideration of ownership and attachment.

Benami Property

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 538

Benami share transfer found where nominal payment, deferred consideration, and continued transferor control showed effective ownership remained unchanged.

Benami Property

2026 (7) TMI 934

Customs tariff classification of diagnostic reagents turns on specific description, Chapter Note 2(b), and alleged willful mis-declaration.

Customs

2026 (7) TMI 933

Reasonable period for drawback recovery bars unexplained delayed proceedings where fraud or suppression is not alleged.

Customs

2026 (7) TMI 932

LCD touch-panel classification requires Chapter 90 analysis; automotive audio-system use alone does not displace specific LCD treatment.

Customs

2026 (7) TMI 931

Provisional release conditions cannot virtually deny release where existing deposits adequately protect revenue and misdeclaration remains unconfirmed.

Customs

2026 (7) TMI 930

Provisional release of allegedly restricted goods for re-export remains available pending final customs adjudication on appropriate security conditions.

Customs

2026 (7) TMI 929

Strict construction of customs exemptions excludes separately imported QFT Tubes from the concessional duty available for ELISA kits.

Customs

2026 (7) TMI 849

Cheating requires dishonest intent at inception; subsequent commercial default and settled insolvency dues cannot sustain criminal prosecution.

Companies Law

2026 (7) TMI 848

Stamp duty on amalgamation orders requires relevant approval-stage valuation material, not reliance solely on an earlier valuation report.

Companies Law

2026 (7) TMI 847

Borrower interest liabilities survive NPA classification, while listed-entity auditors require evidence, mandatory quality review and appropriate modified opinions.

Companies Law

2026 (7) TMI 728

Discretionary transfer of winding-up proceedings depends on timely, bona fide grounds and may be refused once liquidation has substantially progressed.

Companies Law

2026 (7) TMI 594

Special Companies Act procedure excludes BNSS pre-cognizance hearing in SFIO prosecutions before the Special Court.

Companies Law

2026 (7) TMI 379

Section 452 offence remains criminal; complaint for wrongful withholding of company property lies before the Judicial Magistrate.

Companies Law

2026 (7) TMI 846

Public duty in stock exchange governance may bring senior officers within anti-corruption law, subject to factual determination.

SEBI

2026 (7) TMI 769

Mandatory mutual-fund compliance requires maturity redemption, proper rollover consent, disclosure, and due diligence despite investor gains or no loss

SEBI

2026 (7) TMI 593

Depository liability for participant misconduct upheld where supervisory safeguards failed and arbitral award was not patently illegal.

SEBI

2026 (6) TMI 717

Statutory appeal bars writ challenge to SEBI IPO approval; petitioner must use the appellate remedy instead.

SEBI

2026 (6) TMI 457

Insider trading and delayed disclosure under the PIT Regulations: SAT relief on trading findings, with penalty sustained for late reporting.

SEBI

2026 (6) TMI 1373

Negative futures settlement rates upheld where contract adopted external benchmark and writ relief could not rewrite final settlements.

SEBI

2026 (7) TMI 927

Statutory disciplinary process requires an authorised committee and prior investigation before insolvency professional registration can be cancelled.

IBC

2026 (7) TMI 926

Leasehold and project rights in liquidation may be sold, but purchasers remain bound by surviving BOT obligations.

IBC

2026 (7) TMI 925

Contractual development rights may enter insolvency estate, but resolution plans cannot override statutory land title or regulatory approvals.

IBC

2026 (7) TMI 845

Integrated real estate project land cannot be isolated through delayed termination after statutory approvals and homebuyer rights crystallise.

IBC

2026 (7) TMI 844

Section 7 CIRP admission follows established debt and default unless a realisable adjudicated claim justifies refusal.

IBC

2026 (7) TMI 843

Assignment deed registration and proof of filing authority cured procedural defects in the Section 7 insolvency application.

IBC

2026 (7) TMI 726

Director liability under FEMA requires proof of control or culpable involvement; mere designation alone does not justify penalty.

FEMA

2026 (7) TMI 660

Pre-deposit non-compliance under FEMA did not bar restoration where readiness to pay and medical hardship were shown.

FEMA

2026 (7) TMI 659

Sub judice protection under FEMA barred fresh notice and complaint based on the same cause of action, leading to quashing.

FEMA

2026 (7) TMI 658

Delayed import payments as trade credit under FEMA, with RBI permission unable to cure the contravention and directors held liable.

FEMA

2026 (7) TMI 657

FEMA compliance breaches upheld, but penalties reduced where delayed reporting and share allotment were established on the facts.

FEMA

2026 (7) TMI 330

FEMA penalty limits and power of attorney liability clarified: statutory fit and duplicate penalties for same acts were rejected.

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 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 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 (7) TMI 924

Territorial jurisdiction in money-laundering cases may be concurrent, but the linked scheduled offence requires trial before the same Special Court.

Money Laundering

2026 (7) TMI 923

Retention of suspected money-laundering property remains valid where statutory reasons exist, ECIR quashing is stayed, and limitation excludes stay periods.

Money Laundering

2026 (7) TMI 842

Proceeds-of-crime nexus is essential: equivalent-value attachment cannot enforce a pre-existing civil debt absent receipt or diversion.

Money Laundering

2026 (7) TMI 725

Proceeds of crime attachment can rest on probable fund tracing, and prior property purchase does not automatically defeat attachment.

Money Laundering

2026 (7) TMI 656

PMLA bail granted where predicate offences were not shown to subsist and no proceeds of crime were identified.

Money Laundering

2026 (7) TMI 655

PMLA attachment survives death of accused; Special Court is the proper forum for confiscation or release orders.

Money Laundering

2026 (7) TMI 922

Refund limitation for retrospective service-tax exemption runs from the mandatory tax-payment certificate, preserving a timely refund claim.

Service Tax

2026 (7) TMI 921

Pan-India service-tax jurisdiction remains valid where notification framework empowers investigating officers, while pre-consultation guidance cannot invalidate notices.

Service Tax

2026 (7) TMI 920

Common input service credit requires proportionate reversal when shared with non-service investment activity, with extended limitation and penalties applicable.

Service Tax

2026 (7) TMI 919

Statutory refund mechanism requires proof of tax payment and limits delayed-refund interest to the prescribed post-application period.

Service Tax

2026 (7) TMI 841

Contractual recovery claims require civil remedies when deductions are disputed and separate causes of action are time-barred.

Service Tax

2026 (7) TMI 840

Reverse charge on insurance-agent commission places Service Tax liability on insurers; tax-return data alone cannot sustain demands.

Service Tax

2026 (7) TMI 918

Section 9D cross-examination safeguards supported deletion of Cenvat credit demand where transport evidence established movement of finished goods.

Central Excise

2026 (7) TMI 917

CENVAT credit for contractor-used inputs depends on works-contract abatement, while extended limitation requires proven wilful suppression.

Central Excise

2026 (7) TMI 916

Actual receipt of inputs governs Cenvat credit, while corroborated evidence of undisclosed clearances supports duty demands and penalties.

Central Excise

2026 (7) TMI 915

Cross-examination rights in clandestine removal proceedings protected noticees, as uncommunicated rejection of requests breached natural justice.

Central Excise

2026 (7) TMI 914

Extended limitation fails where prior departmental disclosure negates suppression, invalidating the central excise duty demand and penalty.

Central Excise

2026 (7) TMI 835

Reliable weighment and corroborative evidence are essential to sustain a demand based on alleged clandestine stock shortages.

Central Excise

2026 (7) TMI 913

Works-contract composition compliance requires consideration of prescribed records, making an unreasoned best judgment assessment unsustainable.

VAT / Sales Tax

2026 (7) TMI 912

Rule 83 rectification jurisdiction must be considered before merits, while factual tax characterisation proceeds through statutory proceedings.

VAT / Sales Tax

2026 (7) TMI 833

Retrospective withdrawal of sugar exemption permits principal tax recovery, but bars pre-amendment penalties and limits interest to lawful demand.

VAT / Sales Tax

2026 (7) TMI 758

Review jurisdiction cannot reopen decided tax issues, while failure to produce records leaves a substantially identical assessment challenge unsuccessful

VAT / Sales Tax

2026 (7) TMI 757

Revised return requirements limit later claims for a lower VAT rate first raised during reassessment proceedings

VAT / Sales Tax

2026 (7) TMI 716

Declared goods reimbursement limits State input tax credit denial, requiring notifications to be read down for inter-State resale transactions.

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 (7) TMI 832

Recovery certificates could not support insolvency notices before the later deeming provision, which had no retrospective operation.

Indian Laws

2026 (7) TMI 831

Royalty computation through inclusive sale value remains a valid regulatory measure against mineral pricing manipulation and evasion.

Indian Laws

2026 (7) TMI 756

Reduced cheque demand after disclosed part payments may remain valid; disputed debt and Section 56 issues generally require trial.

Indian Laws

2026 (7) TMI 714

Settlement preserving cheque dishonour complaints keeps prosecution alive, while civil detention remains distinct from criminal punishment and double jeopardy.

Indian Laws

2026 (7) TMI 641

Motor accident compensation income assessment should use prior returns flexibly, with a three-year average for self-employed earners.

Indian Laws

2026 (7) TMI 640

Specific averments under Negotiable Instruments law are required to prosecute a director for cheque dishonour.

Indian Laws


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