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Recent Case Laws

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2026 (10) TMI 1161

Best-judgment GST assessment requires ascertainable turnover and meaningful hearing; inaccessible rectification facilities preclude coercive recovery.

GST

2026 (10) TMI 1160

Section 129(3) time limit makes delayed detention penalty orders jurisdictionally invalid despite related proceedings and appellate remedy.

GST

2026 (10) TMI 1159

Retrospective input tax credit relief regularises delayed return claims within the statutory extended filing cut-off.

GST

2026 (10) TMI 1158

Nil valuation for unbilled inter-branch services defeats proportionate GST cross-charge demands and unsupported extended limitation.

GST

2026 (10) TMI 1157

Writ review of a Section 74 show-cause notice requires lack of issuing authority competence; limitation and turnover disputes await adjudication.

GST

2026 (10) TMI 1156

Departmental position on earlier decisions must be clarified before the writ controversy can proceed for further consideration.

GST

2026 (10) TMI 1131

Suppression of Final Assessment Orders Bars Income-Tax Appellate Relief Where Material Orders Remain Unchallenged on Record

Income Tax

2026 (10) TMI 1130

Cross-objections in income-tax High Court appeals are maintainable only where they raise substantial questions of law.

Income Tax

2026 (10) TMI 1129

Effective cross-examination rights survive a missed hearing when fresh witness notices create a renewed opportunity.

Income Tax

2026 (10) TMI 1128

Interest on requisitioned cash covers the statutory pre-assessment period and compensates unjustified retention after assessment.

Income Tax

2026 (10) TMI 1127

Penalty proceedings during a pending Tribunal appeal cannot continue, regardless of whether the Assessing Officer received notice.

Income Tax

2026 (10) TMI 1126

Reassessment notice challenges may be renewed after petition closure, while existing interim protection continues temporarily.

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 989

Customs classification disputes on applicable duty rates must be appealed to the Supreme Court, not the High Court.

Customs

2026 (10) TMI 988

Sufficient cause for customs appeal delay requires litigant vigilance; vague explanations and exclusive reliance on counsel fail.

Customs

2026 (10) TMI 1091

Territorial jurisdiction under Article 226 fails where seizure, classification, and provisional-release decisions arise wholly outside the court's territorial limits.

Customs

2026 (10) TMI 1090

Customs penalty requires proof of knowledge or participation, not mere introduction of a freight forwarder or IEC contact.

Customs

2026 (10) TMI 1089

Written reassessment acceptance preserves valuation challenges where declared import values lack Rule 12-compliant grounds and supporting evidence.

Customs

2026 (10) TMI 1088

Customs burden of proof prevents gold confiscation where foreign origin and illicit import remain unestablished

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 877

Interim protection in acquisition disputes requires fulfilled conditions, proven performance, and a present need to preserve subject matter.

Companies Law

2026 (10) TMI 806

Separate corporate personality prevents personal liability of non-executive directors for company deposits without an independent legal basis.

Companies Law

2026 (10) TMI 732

Civil jurisdiction over inherited company-held assets survives where statutory bars and benami objections require evidentiary determination.

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 981

Limitation in insolvency appeals: certified-copy exclusions cannot extend filing beyond the statutory ceiling for condonation.

IBC

2026 (10) TMI 1085

Section 7 default proof: authenticated Information Utility records support insolvency admission despite accounting disputes or profitability claims.

IBC

2026 (10) TMI 1084

Look Out Circulars cannot restrict personal guarantors' foreign travel solely to facilitate civil debt recovery.

IBC

2026 (10) TMI 1083

Operational debt proof through tax and ledger records can support insolvency admission despite minor invoice address discrepancies.

IBC

2026 (10) TMI 1082

Fixed-deposit withdrawal rights followed the civil-appeal appellant's designated entitlement, excluding the corporate debtor's suspended director.

IBC

2026 (10) TMI 1081

Resolution plan approval resists challenge absent statutory non-compliance, protecting creditor committee decisions on bidding, valuation and implementation.

IBC

2026 (9) TMI 2006

FEMA civil penalties apply without mens rea where charitable trusts retain non-resident rupee borrowings beyond permitted periods.

FEMA

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 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 978

Prolonged pre-trial detention cannot continue where investigation is complete and trial completion remains unforeseeable despite statutory bail restrictions.

Money Laundering

2026 (10) TMI 977

Predicate FIR quashing on compromise does not remove PMLA bail rigour while laundering investigation remains incomplete.

Money Laundering

2026 (10) TMI 976

Prolonged pre-trial detention may yield to Article 21 protections despite statutory bail restrictions in money-laundering proceedings.

Money Laundering

2026 (10) TMI 975

Escrow substitution for provisional attachment permits property sales while preserving proceeds of crime for pending trial.

Money Laundering

2026 (10) TMI 974

Proceeds-of-crime property acquired during criminal activity remained attached, supported by reliable Section 50 statements.

Money Laundering

2026 (10) TMI 973

Ex parte online defamation injunctions require prima facie unfair reporting, reputational harm, and balance against free speech before takedown and de-indexing.

Money Laundering

2026 (10) TMI 1079

Joint development service-tax liability requires proven taxability, correct valuation, and statutory evidence for reverse charge and extended limitation.

Service Tax

2026 (10) TMI 1078

Export service-tax refunds extend to Swachh Bharat Cess and Krishi Kalyan Cess on eligible input services.

Service Tax

2026 (10) TMI 1077

Public road repair services qualify for service-tax exemption when contractual and tax records establish their qualifying public-use purpose.

Service Tax

2026 (10) TMI 1076

Passenger-facility token collections lacked consideration because no provider-recipient relationship or quid pro quo existed between parties.

Service Tax

2026 (10) TMI 1075

Pure-agent diesel reimbursements and unverified third-party data cannot establish taxable service consideration or sustain a service-tax demand.

Service Tax

2026 (10) TMI 1074

Interest on refunded investigation deposits runs from payment until realisation where funds were deposited under protest.

Service Tax

2026 (10) TMI 961

Service-tax valuation disputes follow the specialised statutory appeal route, displacing the general appellate jurisdiction provision.

Central Excise

2026 (10) TMI 960

Strict compliance with concessional excise notification conditions excludes sewage and drainage pumps, while penalty requires supporting evidence.

Central Excise

2026 (10) TMI 959

Education cess on Tea Cess: payment records established discharge through factory-level calculation, accounting, and non-recovery from buyers.

Central Excise

2026 (10) TMI 1073

CENVAT credit for overseas commission-agent services is admissible when agents procure export orders through sales-promotion activities.

Central Excise

2026 (10) TMI 1072

Interest on unappropriated revenue deposits accrues until refund or pre-deposit conversion, preserving their non-statutory refund character.

Central Excise

2026 (10) TMI 1071

Compounded levy demands must follow verified capacity, prescribed rates, and show-cause notice limits; closure-period duty and related penalties fail.

Central Excise

2026 (10) TMI 956

Specific-entry classification treats dupattas as exempt woven fabrics, not fibres, because their fabric character governs scheduled-entry coverage.

VAT / Sales Tax

2026 (10) TMI 867

Residual tax classification treats bundled mobile chargers and printer consumables as separately taxable unspecified goods.

VAT / Sales Tax

2026 (10) TMI 866

Separate enterprise classification prevents clubbing of plant and machinery investments, preserving concessional sales tax eligibility for qualifying units.

VAT / Sales Tax

2026 (10) TMI 865

Deemed dealer status binds railway container contractors, requiring statutory records to substantiate any claimed tax non-liability.

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 954

Temporary injunctions for prima facie defamatory publications can restrain harmful republication while permitting accurate official reporting.

Indian Laws

2026 (10) TMI 863

Section 9 Interim Protection Requires Security Where Financial Distress Creates Serious Risk of Insufficient Assets for Arbitration Award Execution.

Indian Laws

2026 (10) TMI 862

Time-barred debt cheques can revive liability, preventing limitation alone from defeating cheque dishonour prosecution under negotiable instruments law.

Indian Laws

2026 (10) TMI 861

Contractual refunds under Article 226 remain available where public authority defences lack documentary support and deposits lack lawful adjustment.

Indian Laws

2026 (10) TMI 860

Written complaint requirement bars cognizance of securities-contract offences solely on a police report despite police investigation.

Indian Laws

2026 (10) TMI 1068

Section 9 interim security protects disputed refund claims when financial distress creates a genuine risk of unenforceable awards.

Indian Laws


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