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Recent Case Laws

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2026 (11) TMI 569

Electronic credit ledger blocking over credit from a non-existent unit remains open to an application for unblocking.

GST

2026 (11) TMI 568

Personal hearing compliance in assessment proceedings was not independently decided when the writ petition was disposed of.

GST

2026 (11) TMI 567

GST appellate remedy can displace writ review when input tax credit disputes involve supplier facts and no jurisdictional issue arises.

GST

2026 (11) TMI 566

Ineligible input tax credit attracts penalty, while interest depends on whether the credit was actually utilised before reversal.

GST

2026 (11) TMI 565

Unanswered GST portal notices warrant exploring alternative service, while assessments without a personal hearing may be set aside

GST

2026 (11) TMI 564

Interest on delayed monthly returns requires fresh consideration of claimed partial payment after an ex parte determination is set aside.

GST

2026 (11) TMI 542

Functional dissimilarity in transfer pricing supports exclusion of software comparables without a substantial question of law absent perversity.

Income Tax

2026 (11) TMI 541

Concessional employee loan valuation using a standard bank benchmark is valid under tax law and constitutional equality principles.

Income Tax

2026 (11) TMI 540

Transfer-pricing comparability requires functional analysis and reasoned findings; material objections may warrant fresh examination when records are insufficient.

Income Tax

2026 (11) TMI 539

Voluntarily disclosed futures and options loss errors do not attract search penalties without qualifying search material or false expense entries.

Income Tax

2026 (11) TMI 538

Unforeseen trust distributions may be contested on taxability and excluded from interest calculations for earlier advance-tax instalments.

Income Tax

2026 (11) TMI 537

Capital gains holding periods and new property funding require record-based reasons before an assessment can be revised.

Income Tax

2026 (11) TMI 79

Benami law amendments apply retrospectively to confiscation machinery, while new offences and enhanced punishments apply only prospectively.

Benami Property

2026 (11) TMI 559

Review of benami property proceedings requires consideration of procedural review rules, even where permission to seek review is granted.

Benami Property

2026 (11) TMI 243

Review jurisdiction and delay condonation: whether court-granted liberty permits relief without considering the statutory bar on review.

Benami Property

2026 (11) TMI 242

Benami property attachment for earlier transactions was set aside alongside related Tribunal orders following an accepted prior decision.

Benami Property

2026 (11) TMI 241

Cross-examination in benami proceedings is not automatic when parties have a fair opportunity to rebut relied-upon material.

Benami Property

2026 (10) TMI 2040

Benami property tests: corroborated ownership evidence supports attachment despite later retraction and unverified funding claims.

Benami Property

2026 (11) TMI 518

Discharge from a pending customs complaint belongs before the criminal court, which may also consider release of the surety.

Customs

2026 (11) TMI 517

Interim custody of a seized vehicle awaits a decision, with participation required in the confiscation proceedings

Customs

2026 (11) TMI 516

Customs transaction value can be rejected for proven undervaluation and reassessed using genuine invoices and comparable imports.

Customs

2026 (11) TMI 515

Voluntary customs statements remain substantive evidence despite purported retraction, while reasonable belief triggers the reverse burden for seized gold.

Customs

2026 (11) TMI 514

Customs broker verification may rely on official registration and identity records without requiring physical inspection of the client's address.

Customs

2026 (11) TMI 513

Bulk drugs and active pharmaceutical ingredients qualify for concessional import IGST under the medicines entry, subject to exclusions.

Customs

2026 (11) TMI 509

Company management disputes involve fiduciary duties, share allotments, disclosure obligations, joint-management expectations and limits on factual review.

Companies Law

2026 (11) TMI 508

Company property rights remain enforceable through civil suits despite parallel proceedings alleging oppression and mismanagement of company affairs.

Companies Law

2026 (11) TMI 507

Quashing deposit complaints on defence material requires impeccable material that conclusively displaces allegations without taking evidence.

Companies Law

2026 (11) TMI 506

Prospectus expert consent alone does not establish criminal liability, and delayed complaints require justification to overcome the limitation period.

Companies Law

2026 (11) TMI 454

Anonymous complaints and independent special audits: departmental inquiries can proceed outside association complaint rules, with statutory authorities acting independently.

Companies Law

2026 (11) TMI 453

Personal liability for fraudulent business conduct requires proof of fraudulent intent, knowing participation and specific allegations against each director.

Companies Law

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 (11) TMI 505

Anticipatory bail in organised investment fraud depends on alleged involvement, investigative needs and potential custodial interrogation.

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

Suspected cross-segment price manipulation supports interim market restraints and joint and several impounding of gains pending investigation.

SEBI

2026 (11) TMI 504

Resolution plan approval ends pre-existing money-laundering attachments on covered property when statutory clean-slate conditions are met

IBC

2026 (11) TMI 503

Corporate debtor immunity after liquidation does not shield directors personally involved in alleged offences before insolvency proceedings.

IBC

2026 (11) TMI 502

Corporate guarantor proceedings may follow the principal borrower's insolvency forum, while direct debt and default independently support insolvency initiation.

IBC

2026 (11) TMI 501

Shareholder standing to appeal resolution plan approval does not arise solely from a residual distribution to equity holders

IBC

2026 (11) TMI 500

Resolution plan deferral pending appeal does not justify adverse findings where stakeholders rely in good faith on finality clauses.

IBC

2026 (11) TMI 452

Corporate insolvency admission: Default timing after settlement failure, procedural defects, debtor viability and reasoned orders.

IBC

2026 (11) TMI 320

Non-resident rights shares depend on compliant existing holdings, with inquiry procedures and penalty proportionality also relevant to foreign-exchange enforcement.

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 2030

Saved FERA penal proceedings remain subject to criminal appellate jurisdiction despite FEMA's separate appellate framework.

FEMA

2026 (10) TMI 1498

Roster allocation for foreign-exchange adjudication writ petitions places them in the revenue-and-tax group, not the residuary group.

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 (11) TMI 447

Bid rigging and tacit acquiescence raise competition law issues alongside individual liability, income-based penalties and natural justice.

Law of Competition

2026 (11) TMI 499

Provisional attachment after quashing a predicate-offence FIR requires independent assessment of proceeds of crime and other underlying FIRs.

Money Laundering

2026 (11) TMI 498

Substitution of attached land with alternate assets permitted subject to title, non-alienation and third-party rights safeguards.

Money Laundering

2026 (11) TMI 446

Spurious cancer medicines and money laundering raise bail questions over statement admissibility and foundations for proceeds of crime.

Money Laundering

2026 (11) TMI 374

Written arrest grounds and bail cancellation: existing bail remains in force for earlier arrests absent alleged misuse or other grounds.

Money Laundering

2026 (11) TMI 373

Proceeds of crime attachment can reach holders not accused of scheduled offences when independently formed belief rests on material.

Money Laundering

2026 (11) TMI 319

Bank balance attachment as proceeds of crime rested on a recorded statement and an admitted debt to an accused-controlled entity.

Money Laundering

2026 (11) TMI 497

Refund disputes involving contested service taxability must follow the statutory appeal route for questions concerning assessment and duty rates.

Service Tax

2026 (11) TMI 496

Service tax limitation requires proof of wrongdoing, while audit discrepancies alone cannot justify an extended demand period

Service Tax

2026 (11) TMI 495

Service tax refund limitation applies to mistaken payments despite non-liability and absence of unjust enrichment under the jurisdictional approach.

Service Tax

2026 (11) TMI 494

Service tax limitation cannot be extended for mere non-payment without fraud, suppression or other specified grounds.

Service Tax

2026 (11) TMI 493

Residential construction service tax liability began with the statutory Explanation, leaving the services concerned untaxed for earlier periods.

Service Tax

2026 (11) TMI 445

Disputed postal delivery of tax orders requires proof of receipt to establish when the appeal limitation period begins.

Service Tax

2026 (11) TMI 492

Broadcasting invoices to an advertising agency do not bar CENVAT credit when the manufacturer bears tax and documentation is adequate.

Central Excise

2026 (11) TMI 444

Interest on refunded pre-deposits remains unresolved amid a larger-bench reference arising from divergent views on the applicable rate.

Central Excise

2026 (11) TMI 443

Ayurvedic medicine classification requires proof for a proposed cosmetic classification when licences and drug-control evidence support medicinal character.

Central Excise

2026 (11) TMI 367

Job workers bear excise duty as manufacturers, while confiscation requires evidence and repacking may be revenue neutral.

Central Excise

2026 (11) TMI 366

Imported warranty replacement components lose duty exemption without factory use, while eligible Cenvat credit remains available.

Central Excise

2026 (11) TMI 365

Prescription lens fitting is assembly, not manufacture, for central excise purposes even when incidental refining and adjustments are required.

Central Excise

2026 (11) TMI 301

Sales tax surcharge retains its character as a tax on sales despite being calculated on the tax itself

VAT / Sales Tax

2026 (11) TMI 300

Electricity infrastructure charges can attract VAT as consideration for the right to use goods despite retained licensee control.

VAT / Sales Tax

2026 (11) TMI 299

Quasi-judicial immunity does not bar disciplinary scrutiny of alleged misconduct in rectifying orders that reduced confirmed demands.

VAT / Sales Tax

2026 (11) TMI 225

Silver-palladium alloy taxation follows silver bullion classification under the notification, rather than classification with inferior alloys.

VAT / Sales Tax

2026 (11) TMI 224

Revisional jurisdiction expires with statutory limitation and cannot be revived by audit objections or officer changes.

VAT / Sales Tax

2026 (11) TMI 223

VAT input tax credit set-off remains available despite excess transitional credit claims, which must be addressed under GST.

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 (11) TMI 570

Stamp duty exemption covers amalgamation of wholly owned sister subsidiaries, with unstayed coordinate-bench precedent binding despite challenge.

Indian Laws

2026 (11) TMI 491

Dishonoured cheque claims for chitty debts require proof of the underlying transaction, not merely production of the cheque.

Indian Laws

2026 (11) TMI 298

Stamp duty on multi-state loan agreements turns on completed execution, with contractual facility schedules relevant to stated monetary values.

Indian Laws

2026 (11) TMI 222

Cheque dishonour liability requires an enforceable debt when cheques are issued against a subsequently set-aside tax assessment.

Indian Laws

2026 (11) TMI 221

Defence evidence in cheque dishonour proceedings may remain closed when proposed bank testimony cannot assist on material facts.

Indian Laws

2026 (11) TMI 220

Assigned assets and cheques acquired for consideration allow asset reconstruction companies to continue dishonour prosecutions as holders in due course.

Indian Laws


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