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Recent Case Laws

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2026 (2) TMI 1393

Withdrawal of Special Leave Petitions permitted and dismissed as withdrawn; delay condoned yet no interference under Article 136.

GST

2026 (2) TMI 1392

Requirement of Particulars: absence of particulars, reasons or hearing invalidates GST adjudication and ledger debit.

GST

2026 (2) TMI 1391

Restoration of GST registration by furnishing pending returns and paying dues with interest and late fee permits dropping cancellation proceedings.

GST

2026 (2) TMI 1390

Knowledge of order: non upload of Form DRC 07 can delay commencement of limitation, so appellate dismissal was set aside.

GST

2026 (2) TMI 1389

Interim Relief: appellate forum may grant stay of recovery; limited interim protection can enable filing of an interim application.

GST

2026 (2) TMI 1388

Statutory appellate remedy permitted subject to prescribed pre-deposit; Appellate Authority to consider favourable insolvency orders on final disposal.

GST

2026 (2) TMI 1383

Reopening of assessment denied where deleted DRP recommendation did not amount to information; delay condonation refused.

Income Tax

2026 (2) TMI 1382

Capital receipt treatment for sales tax retained under a capital-investment incentive: retained tax is not taxable as revenue for assessment purposes.

Income Tax

2026 (2) TMI 1381

Finality of assessment: reassessment cannot proceed on identical material; notices based on same record are void.

Income Tax

2026 (2) TMI 1380

Validity of demand notices requires an underlying assessment or order; absent reassessment, a demand is invalid.

Income Tax

2026 (2) TMI 1379

Fees for Technical Services: fabrication charges held not to constitute FTS under India Singapore DTAA and not taxable in India.

Income Tax

2026 (2) TMI 1378

Faceless Assessment jurisdiction invalid where assessment preceded administrative notification enabling faceless procedures, resulting in quashing.

Income Tax

2026 (2) TMI 795

Benami Transaction Definition expanded to include continued holding post amendment, capturing pre amendment transfers where consideration paid by another.

Benami Property

2026 (2) TMI 1352

Benami Transactions confirmed; provisional attachment upheld while beneficial owner identity is referred for limited reinvestigation.

Benami Property

2026 (2) TMI 1293

Benami transaction: proof of consideration and control by beneficial owner upholds provisional attachment and dismisses appeals.

Benami Property

2026 (2) TMI 1292

Fiduciary exception rejected; provisional attachment under benami law affirmed where transfers were one way unaccounted accommodation entries.

Benami Property

2026 (2) TMI 1225

Benami property jurisdiction: IBC tribunals lack power to challenge Benami Act attachment; such assets fall outside the liquidation estate.

Benami Property

2026 (2) TMI 1174

Benami property verification: insufficient hallmark and invoice evidence defeated provisional attachment, leading to relief for the proprietor.

Benami Property

2026 (2) TMI 1351

Statutory option under Section 125(3) void if redemption fine unpaid within 120 days; re-export refused, fine refunded.

Customs

2026 (2) TMI 1350

Import Entitlement for Repairs extends to authorized service centres; provisional release allowed subject to bond.

Customs

2026 (2) TMI 1349

Software Valuation: separately invoiced or identifiable software must not be aggregated into hardware assessable value; reopening needs statutory grounds.

Customs

2026 (2) TMI 1348

Deemed Manufacture of concentrates through pre-shipment washing and sizing excludes such imports from ore exemption under the notification.

Customs

2026 (2) TMI 1347

Duty to Notify and Employer Liability: failure to advise justified a monetary penalty, but licence revocation was set aside.

Customs

2026 (2) TMI 1346

Burden of Proof: conflicting expert evidence can defeat extended limitation, penalties and confiscation, securing exemption entitlement.

Customs

2026 (2) TMI 971

Fraudulent Transfer: pre-petition lease lacking consideration held void ab initio, set aside to realise assets for creditors.

Companies Law

2026 (2) TMI 850

Issue Estoppel bars a subsequent complaint where identical issues were earlier finally decided on merits, resulting in quashing.

Companies Law

2026 (2) TMI 1285

Committee of Creditors' limited litigation capacity affirmed, with RP not invariably sole representative and impleadment not mandatory.

Companies Law

2026 (2) TMI 1221

Amendment of parties to implead a necessary party permitted to secure adjudication on merits, with dismissal modified accordingly.

Companies Law

2026 (2) TMI 1167

Interlocutory Order Merger: appeal rendered infructuous after a comprehensive final order incorporated and superseded the interim relief.

Companies Law

2026 (2) TMI 1112

Stamp duty on sanctioning orders must be levied on the sanctioning instrument, not by dissecting underlying transactions.

Companies Law

2026 (1) TMI 662

Stock exchange disciplinary action and withheld security: writ maintainable; investigation valid but final board decision set aside as unlawfully constituted

SEBI

2026 (1) TMI 433

AIF trustee debarment for SEBI rule breaches-no investor loss and fund winding-up led to bar treated as expired.

SEBI

2026 (1) TMI 4

Clients authorising third-party F&O trades despite missing pre/post confirmations; broker not liable for losses, award set aside.

SEBI

2026 (1) TMI 1358

Doctrine of merger and trustee-like powers in SEBI-appointed Special Committee; order treated as open-ended, appeals dismissed

SEBI

2026 (1) TMI 1236

Personal liability of directors in regulatory proceedings: attachment challenge refused; pursue statutory appeal under SEBI Act

SEBI

2025 (12) TMI 1674

Market regulator prosecution over access to investigation report and inquiry materials; petition allowed, disclosure ordered with limited redactions

SEBI

2026 (2) TMI 1284

Procedural defects in CIRP proceedings are curable; admission sustained where financial debt and default are established by corroborative evidence.

IBC

2026 (2) TMI 1220

Unauthorised dealing with estate property: proceeds treated as estate funds and ordered restored to preserve creditor interests.

IBC

2026 (2) TMI 1219

Limitation exclusion during pandemic requires prospective computation; remand ordered for fresh adjudication on invocation and acknowledgement.

IBC

2026 (2) TMI 1218

Non-payment of monthly interest as default enables a Section 7 insolvency petition; petition admitted and lower order set aside.

IBC

2026 (2) TMI 1217

Procedural fairness: order set aside and matter remitted for fresh hearing allowing impleadment and a right to reply.

IBC

2026 (2) TMI 1216

Debt and default under insolvency law: NeSL records and absence of account reconciliation can justify petition admission and affect limitation.

IBC

2026 (2) TMI 1345

Section 6(4) FEMA protects only legitimately substantiated foreign funds; breach of foreign exchange rules found, penalty reduced.

FEMA

2026 (2) TMI 1344

Contravention under FEMA sustained on documentary nexus, penalties reduced and confiscation of un-surrendered foreign currency upheld.

FEMA

2026 (2) TMI 1283

Abetment liability: corroborated retracted statements and statutory presumption can shift burden, leading to conviction and reduced penalty.

FEMA

2026 (2) TMI 1215

Continuing corporate liability remains enforceable after striking off; directors remain liable but penalties may be mitigated.

FEMA

2026 (2) TMI 1214

Retracted statement admissibility upheld when voluntary and corroborated; confiscation under foreign exchange contravention affirmed, penalty moderated.

FEMA

2026 (2) TMI 1160

Understated FOB valuation: exporter and officers liable; penalties payable but reduced due to mitigation and prior deposits.

FEMA

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 393

Bid rigging in public tender bids-common IPs, call records and shared EMD led to s.3(3) breach upheld.

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

2025 (12) TMI 1317

WhatsApp user data sharing for advertising and other non-essential purposes-clarification allowed requiring express, revocable opt-in/opt-out consent

Law of Competition

2026 (2) TMI 1282

Provisional Attachment under PMLA upheld where admissions, witness statements and banking records establish proceeds and beneficial ownership.

Money Laundering

2026 (2) TMI 1281

Proceeds of Crime: unexplained assets can sustain provisional attachment, but mandatory notice defects vitiate specific confirmations.

Money Laundering

2026 (2) TMI 1213

PMLA regular bail: twin-condition prima facie test applied and bail granted subject to protective conditions.

Money Laundering

2026 (2) TMI 1212

Provisional attachment under PMLA: unexplained cash and lack of documentary proof upheld as basis for confirming attachment.

Money Laundering

2026 (2) TMI 1158

Connection between proceeds of crime and alleged laundering absent, leading to quashing of process against accused.

Money Laundering

2026 (2) TMI 1157

Territorial Jurisdiction requires ordinary residence or ordinary place of business to sustain a High Court appeal; mere GST or appearances insufficient.

Money Laundering

2026 (2) TMI 1343

Reverse Charge Liability: recipient bears tax on manpower supply; extended limitation unsustainable where prior audit put Department on notice.

Service Tax

2026 (2) TMI 1342

Exemption for Railway Original Works denied where service is repair; extended limitation upheld for suppression of facts.

Service Tax

2026 (2) TMI 1341

Bundled ancillary electricity charges treated as principal transmission service, demand set aside; extended limitation requires proof of willful suppression.

Service Tax

2026 (2) TMI 1340

Limitation period and condonation: appeals filed beyond the statutory condonable period are barred; royalty for resource use attracts reverse charge service tax.

Service Tax

2026 (2) TMI 1339

Manufacture vs Service: treating job work as manufacture prevents Cenvat demands framed as exempted services.

Service Tax

2026 (2) TMI 1338

Commercial discounts are adjustments to sale consideration, not service consideration; therefore not taxable as Business Auxiliary Service.

Service Tax

2026 (2) TMI 1337

Legislative Competence challenged over CCTV surveillance requirement; court issued notice and respondent to file reply.

Central Excise

2026 (2) TMI 1336

Input service nexus determines Cenvat credit; courier and record keeping qualify, GTA/freight remanded for factual review.

Central Excise

2026 (2) TMI 1335

Manufacture - transformation into a commercially marketable product qualifies as manufacture, enabling exemption notifications to apply.

Central Excise

2026 (2) TMI 1334

Bills of Entry endorsement allows Cenvat credit where duty paid status and receipt/use of inputs are undisputed.

Central Excise

2026 (2) TMI 1333

Reconciliation of Statutory Returns required: discrepancies between cess and duty returns do not alone sustain demands.

Central Excise

2026 (2) TMI 1332

Refund of Unutilized CENVAT Credit: permitted on closure when claimed within the statutory period measured from surrender.

Central Excise

2026 (2) TMI 894

Condonation of delay upheld where possession was substantive and mode of acquisition treated as directory, leading to dismissal of the petition.

VAT / Sales Tax

2026 (2) TMI 830

Remand allows the original authority to re-adjudicate remitted issues and consider subsequent materials submitted by a party.

VAT / Sales Tax

2026 (2) TMI 1265

Common Parlance Test and Essential Character Test govern beverage classification; product held a fruit drink attracting concessional VAT.

VAT / Sales Tax

2026 (2) TMI 1264

Settlement under Maharashtra Settlement Act prevents adjustment of earlier refunds; refund must be released with interest.

VAT / Sales Tax

2026 (2) TMI 1211

Attachment of third-party property invalid where transfer preceded attachment; sale may be registered without a tax NOC.

VAT / Sales Tax

2026 (2) TMI 1000

Dominant Character Test finds SIM issuance and activation charges constitute service consideration and are not VAT-liable.

VAT / Sales 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

2024 (1) TMI 439

Section 16(1) intimations under Wealth Tax Act constitute orders subject to revision under Section 25

Wealth-tax

2026 (2) TMI 1210

Compounding of offences permitted after verified compromise; criminal proceedings quashed subject to stipulated payments and proof.

Indian Laws

2026 (2) TMI 1154

Contractual deduction rights: court held deduction of unreimbursed MGCC not permitted and award set aside for patent illegality.

Indian Laws

2026 (2) TMI 1108

Rebuttal of statutory presumption can shift evidential burden and restore acquittal when defence evidence preponderates.

Indian Laws

2026 (2) TMI 1107

Reappreciation of evidence: appellate reversal of an acquittal set aside for absence of perversity, acquittal restored.

Indian Laws

2026 (2) TMI 1106

Prima facie identification evidence and completed investigation justify refusal of successive regular bail absent substantial new circumstances.

Indian Laws

2026 (2) TMI 1105

Proof of demand and acceptance must meet proof beyond reasonable doubt; acquittal upheld when evidence is contradictory or hostile.

Indian Laws


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