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Recent Case Laws

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2026 (10) TMI 1471

Natural justice in GST assessments requires notice of any rescheduled hearing; otherwise, an ex parte assessment must be reconsidered.

GST

2026 (10) TMI 1470

General GST Penalty Beyond Statutory Maximum Was Unsustainable Despite Return Filing, Tax Payment and Late-Fee Compliance

GST

2026 (10) TMI 1469

Show-cause notice grounds limit GST demand confirmation; a demand based on different turnover and rate is invalid.

GST

2026 (10) TMI 1468

Condonation of delay in a GST statutory appeal restored merits review after illness and caregiver circumstances.

GST

2026 (10) TMI 1467

Show-cause notice limits adjudication: unproposed interest and penalties cannot be confirmed beyond the stated tax demand.

GST

2026 (10) TMI 1466

Residuary GST penalty cannot exceed the statutory maximum after late fees are paid for delayed return filing

GST

2026 (10) TMI 1451

Search-based reassessment must follow the special procedure for third-party material, barring general reopening without independent evidence.

Income Tax

2026 (10) TMI 1450

Reassessment jurisdiction requires assessee-specific material linking alleged mutual fund manipulation to escaped income; generic investor outcomes cannot justify reopening.

Income Tax

2026 (10) TMI 1449

Show-cause notice limits reassessment grounds; new issues require a prior hearing before consequential reassessment action is taken.

Income Tax

2026 (10) TMI 1448

Live Nexus Requirement Invalidates Reassessment Notices Based Solely on Unconnected Broker Register Entries for Land Purchase

Income Tax

2026 (10) TMI 1447

Reassessment limitation preserves former search-assessment timelines, barring notices for years outside the permissible ten-year block.

Income Tax

2026 (10) TMI 1446

Third-party search material requires Section 153C satisfaction before reassessment; independent material alone can support reopening proceedings.

Income Tax

2026 (9) TMI 1948

Section 24 provisional attachment permits same-day notice, approval and attachment when statutory conditions and prior approval are satisfied.

Benami Property

2026 (9) TMI 1390

Final tax adjudication findings negating benami transactions and confirming disclosure undermined prosecution, requiring quashing of criminal proceedings.

Benami Property

2026 (10) TMI 814

Benami cash transfers through proprietorship accounts may trigger limited attachment despite subsequent banking retransfer to the beneficial owner.

Benami Property

2026 (10) TMI 739

Benami transaction requirements cover legitimate funds when consideration and beneficial ownership conditions are met, leaving no review error.

Benami Property

2026 (10) TMI 655

Retroactive Benami enforcement applies procedural amendments, while evidence of funding and control supports property attachment.

Benami Property

2026 (10) TMI 491

Benami transaction indicators established beneficial ownership where the recorded purchaser lacked funds and acted on another's directions.

Benami Property

2026 (10) TMI 1464

Prospective export restrictions govern unshipped goods while licensing applications require timely individual reasoned decisions after hearing.

Customs

2026 (10) TMI 1395

Import-policy restrictions follow shipment or dispatch dates, preventing later Gazette notifications from burdening pre-publication imports.

Customs

2026 (10) TMI 1394

Extended customs-duty recovery requires proof of suppression or wilful misstatement; accepted import documents barred its invocation.

Customs

2026 (10) TMI 1318

Customs Sampling of Imported Food Remains Available Despite Food-Safety Procedures; Evidentiary Objections Belong in Statutory Adjudication

Customs

2026 (10) TMI 1317

Condonation of delay in customs appeals requires specific bona fide cause; administrative inaction and unsupported counsel blame fail.

Customs

2026 (10) TMI 1316

Section 108 virtual examination permits secure video conferencing where genuine medical inability makes physical attendance unduly burdensome.

Customs

2026 (10) TMI 982

Finality of affirmed appellate directions bars interference with consequential compliance orders lacking independent findings on the merits.

Companies Law

2026 (10) TMI 1463

Company Court jurisdiction over liquidation assets permits title determination and expert-assisted sale of paintings within the liquidation estate.

Companies Law

2026 (10) TMI 1393

Prima facie cognizance scrutiny excludes defence evidence and mini-trials when complaints disclose alleged investigation non-cooperation.

Companies Law

2026 (10) TMI 1313

SFIO investigation assignment requires recorded public-interest reasons and relevant material; unreasoned investigations and prosecutions cannot stand.

Companies Law

2026 (10) TMI 1087

Proprietary security in pledged shares prevails over unspecified negative liens, personal guarantees, and unrecorded oral undertakings.

Companies Law

2026 (10) TMI 1086

Share-purchase relief requires established oppression and mismanagement, statutory satisfaction, and a current scrutinised valuation before a buyout direction.

Companies Law

2026 (9) TMI 962

Annulled securities trades require exchange refund of deposited consideration, without forcing delivery or broker arbitration.

SEBI

2026 (9) TMI 1675

Statutory appellate remedy for interim securities restrictions takes priority over writ jurisdiction, preserving objections before the designated appellate forum.

SEBI

2026 (10) TMI 647

Director Liability for Regulatory Refunds Survives Resignation When Tenure Overlaps Investor Fund Mobilisation and Final Recovery Directions

SEBI

2026 (10) TMI 646

Inspection rights in regulatory proceedings exclude electronic material outside the record and not relied upon

SEBI

2026 (10) TMI 402

Finality of unchallenged adjudication orders preserves recovery of fees collected through unregistered investment advisory services after appellate challenge fails.

SEBI

2026 (10) TMI 319

Cross-segment derivatives price manipulation triggers interim market-access restraints, asset preservation, and disclosure obligations pending investigation.

SEBI

2026 (10) TMI 1392

Interim Possession of Secured Property Transferred to Auction Purchaser Pending Resolution of Bankruptcy Process and Payment Timeline

IBC

2026 (10) TMI 1391

Former Resolution Professional loses standing to pursue personal insolvency process appeals after replacement by a new appointee.

IBC

2026 (10) TMI 1312

Expired public works contracts cannot be revived through insolvency orders after participation in replacement tendering.

IBC

2026 (10) TMI 1311

Share-purchase consideration requires independent proof of time value of money before it can qualify as financial debt.

IBC

2026 (10) TMI 1310

Pre-existing quality dispute bars insolvency admission where contemporaneous material shows a plausible contested operational debt before demand notice.

IBC

2026 (10) TMI 1309

Authorised representative duties require prior creditor instructions, complete consultation records, and proportionate disciplinary sanctions for compliance breaches.

IBC

2026 (10) TMI 979

Corroborated retracted statements support foreign-exchange liability, while unquantified contraventions require proportionate monetary penalties based on proved circumstances.

FEMA

2026 (10) TMI 804

Conflict-of-interest qualifying conditions extend uniformly to borrowers, subsidiaries and associates of a credit rating agency's promoter.

FEMA

2026 (10) TMI 477

FERA civil penalties do not require mens rea, while proportionality review permits interference only for shocking excess.

FEMA

2026 (10) TMI 476

FEMA evidence rules uphold corroborated electronic records but reject liability founded solely on unsupported extrapolated import transactions.

FEMA

2026 (10) TMI 1308

Reasoned adjudicatory orders require disclosed evidence and reasons, requiring fresh adjudication where a penalty finding lacks support.

FEMA

2026 (10) TMI 1080

Foreign-exchange contraventions require proven seizure, admissible records, and corroborated voluntary statements before statutory presumptions or burden shifting can operate.

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 (10) TMI 1390

Proceeds-of-crime attachment requires a demonstrated link between property and a scheduled offence, not merely legitimate banking transactions.

Money Laundering

2026 (10) TMI 1389

Foreign bank funds under confirmed provisional attachment cannot be transferred pending adjudication, preserving the attachment's effectiveness.

Money Laundering

2026 (10) TMI 1307

PMLA summons for suspected loan-proceeds layering remain effective despite pending predicate proceedings or proposed bank settlement.

Money Laundering

2026 (10) TMI 1255

Proceeds-of-crime nexus governs PMLA bail, while prolonged detention amid delayed trial may yield to conditional liberty.

Money Laundering

2026 (10) TMI 1254

Anticipatory bail in money-laundering investigations depends on statutory twin conditions, material involvement with proceeds of crime, and cooperation.

Money Laundering

2026 (10) TMI 1253

Redevelopment of an attached co-operative housing flat may proceed while preserving enforcement rights in replacement property and redevelopment benefits.

Money Laundering

2026 (10) TMI 1388

Service tax exemption for advocates' legal services renders contrary levies and consequential recovery actions unsustainable.

Service Tax

2026 (10) TMI 1251

Supply of tangible goods classification applies where transit mixer control remains with supplier, excluding goods transport agency service.

Service Tax

2026 (10) TMI 1250

Reverse-charge tax liability survives credit eligibility, but revenue neutrality restricts recovery to the normal limitation period.

Service Tax

2026 (10) TMI 1249

Third-party tax data cannot alone support extended-period service-tax demands or unnotified allocation methods, requiring corroboration and notice.

Service Tax

2026 (10) TMI 1248

Intermediary services arranged abroad fall outside reverse-charge service tax where local representatives only facilitate third-party production support.

Service Tax

2026 (10) TMI 1247

Form 26AS data alone cannot support an extended-period service-tax demand without evidence identifying taxable services and receipt character.

Service Tax

2026 (10) TMI 1387

Retrospective CENVAT credit rules amendment removes separate-account requirement and validates input credit allocation for exempt goods.

Central Excise

2026 (10) TMI 1306

CENVAT credit for additional customs duty on imported coal remains available despite excise-credit restrictions under separate credit provisions.

Central Excise

2026 (10) TMI 1305

CENVAT credit exclusions require transaction-wise review, while disclosed credits cannot trigger extended limitation or suppression-based penalties.

Central Excise

2026 (10) TMI 1245

Evidentiary Standards for Clandestine Removal Claims Require Corroborated Records, Certified Electronic Evidence, and Tested Witness Statements

Central Excise

2026 (10) TMI 1244

Indigenous-input DTA clearances qualify for domestic-equivalent excise duty, while prior departmental knowledge defeats extended limitation and penalty.

Central Excise

2026 (10) TMI 1243

Deemed export treatment for supplies to export-oriented units supports refunds of accumulated CENVAT credit on export-linked clearances.

Central Excise

2026 (10) TMI 1386

Retrospective removal of the new-unit condition requires merits-based assessment of expanded industrial units' VAT reimbursement eligibility.

VAT / Sales Tax

2026 (10) TMI 1385

Constitutional invalidity of composition-scheme restriction permits affected VAT dealers to opt out after the provision is struck down.

VAT / Sales Tax

2026 (10) TMI 1384

Complete restitution after failed auctions requires refund of tax components and compensatory interest for wrongful retention of deposits.

VAT / Sales Tax

2026 (10) TMI 1242

Limited withdrawal liberty and enumerated revisional jurisdiction bar renewed appellate challenges and revisions against rectification orders.

VAT / Sales Tax

2026 (10) TMI 1070

Registered security interests override State sales tax charges, securing encumbrance-free transfer of assets acquired in enforcement auctions.

VAT / Sales Tax

2026 (10) TMI 1069

Continuing sales-tax demand notices remain timely when the original notice was issued within the statutory limitation period.

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 (4) TMI 1915

Territorial appellate jurisdiction invalidates orders by an unauthorised authority, requiring de novo merits adjudication before the competent appellate forum.

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

2026 (10) TMI 955

Independent fiscal offences permit prosecution for delayed returns or knowingly false tax statements without prior assessment or quantified evasion.

Wealth-tax

2026 (10) TMI 3

Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.

Wealth-tax

2026 (10) TMI 1383

Plaint Amendment Limits: criminal compensation and criminal-litigation expenses cannot be introduced into a pending civil recovery suit.

Indian Laws

2026 (10) TMI 1382

Effective Representation in Conviction Appeals: Fair Hearing, Cross-Examination, and Proof of Debt Under Cheque Dishonour Law

Indian Laws

2026 (10) TMI 1304

Retrospective withdrawal of industrial tax incentives is impermissible without overriding public interest, while statutory deemed approvals remain effective.

Indian Laws

2026 (10) TMI 1303

Licensed surveyor assessments govern insurance loss claims unless insured parties provide cogent, reliable evidence of quantification errors.

Indian Laws

2026 (10) TMI 1302

Statutory cheque presumptions remain unrebutted where a lost-cheque defence lacks independent corroboration and the drawer admits signature.

Indian Laws

2026 (10) TMI 1301

Cheque execution presumptions prevail unless a consistent probable defence rebuts liability; cash-loan breaches alone do not invalidate debt.

Indian Laws





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