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Recent Case Laws

View All
2026 (9) TMI 340

Condonation of GST appeal delay preserves effective appellate remedies where portal-only service causes filing prejudice.

GST

2026 (9) TMI 339

Excess input tax credit determination requires fresh adjudication after credit reversal and evidence of sufficient electronic ledger balance.

GST

2026 (9) TMI 338

Personal hearing rights under GST invalidate adverse adjudication where the taxpayer's show-cause reply was not considered.

GST

2026 (9) TMI 337

Statutory limitation under GST invalidates delayed assessment proceedings and consequential recovery action for the relevant financial year.

GST

2026 (9) TMI 336

GST appellate pre-deposit is not required when disputed tax was already paid under IGST for supply-classification disputes.

GST

2026 (9) TMI 335

Statutory appellate remedy for assessment challenges required, with temporary stay on garnishee-based coercive recovery pending appeal filing.

GST

2026 (9) TMI 329

Reassessment scope limits: unrelated unsecured-loan additions fail where the recorded commission-income ground produces no separate addition.

Income Tax

2026 (9) TMI 328

Political contribution deductions require assessee-specific proof of cash repayment; general accommodation-entry material cannot justify disallowance or unexplained-money addition.

Income Tax

2026 (9) TMI 327

Co-operative society deduction survives unsupported mutuality allegations where no identified non-member transactions or attributable income justify statutory exclusion.

Income Tax

2026 (9) TMI 326

Loan-related charges for acquiring let-out property qualify as deductible interest where directly connected with the bank borrowing.

Income Tax

2026 (9) TMI 325

Inaccurate particulars penalty fails where enhanced-compensation interest taxability is debatable and no corresponding assessment addition exists.

Income Tax

2026 (9) TMI 324

Embedded profit in unaccounted purchases governs reassessment limits and taxable income where corresponding sales are accepted.

Income Tax

2026 (8) TMI 818

Benami property attachment sustained where alleged loan consideration lacked credible proof, traceable lenders, and explained funding sources.

Benami Property

2026 (8) TMI 817

Benami property transactions arise where beneficial ownership funds acquisitions and ostensible owners cannot prove independent means or genuine loans.

Benami Property

2026 (8) TMI 439

Benami ownership requires proof of consideration and beneficial ownership, with cross-examination required for retracted foundational statements.

Benami Property

2026 (8) TMI 438

Provisional attachment requires evidence of alienation risk; prior Income Tax Department custody made attachment unsustainable.

Benami Property

2026 (8) TMI 1545

Benami property exceptions protect a father's purchase in minor children's names from statutory bar and plaint rejection.

Benami Property

2026 (8) TMI 1327

Benami transaction definition requires owner's lack of knowledge; acknowledged share allotment and buy-back consideration defeated the statutory claim.

Benami Property

2026 (9) TMI 307

Provisional release of seized goods may be refused for alleged origin misdeclaration, prohibited imports, and national-security concerns.

Customs

2026 (9) TMI 306

Special Additional Duty exemption covers FTWZ stock transfers, while supervised clearances defeat extended limitation for duty recovery.

Customs

2026 (9) TMI 305

Voluntary Customs Act statements can establish knowing misclassification advice, sustaining penalties for customs brokers and their directors.

Customs

2026 (9) TMI 304

Freight valuation for time-chartered vessels requires World Scale Rates where available, while extended limitation needs deliberate suppression.

Customs

2026 (9) TMI 303

Absolute confiscation after redemption fails where goods are unavailable, while penalty enhancement requires evidence proportionate to the offence.

Customs

2026 (9) TMI 221

Error apparent on the record remains essential for review, and its absence results in dismissal of the review petition.

Customs

2026 (9) TMI 99

Limitation for Official Liquidator claims extends through Article 137 and statutory exclusion, preserving claims filed within the available period.

Companies Law

2026 (9) TMI 208

Clear court undertakings support contempt, while asset-dissipation risk can justify security for enforcement of foreign money decrees.

Companies Law

2026 (9) TMI 207

Forensic audit in foreign-award enforcement can trace alleged asset dissipation without deciding ultimate civil, contempt, or restitutionary liability.

Companies Law

2026 (9) TMI 16

Summary resumption of disputed assigned land cannot override a court-supervised auction without adjudication of title and transfer claims.

Companies Law

2026 (9) TMI 15

Annual liquidation accounts require consolidated financial reporting; audited half-yearly accounts cannot replace the statutory annual filing obligation.

Companies Law

2026 (8) TMI 1806

Oppression and mismanagement: cumulative NBFC regulatory breaches and related-party impropriety can justify protective company-law relief.

Companies Law

2026 (9) TMI 98

Competing open-offer timelines run from the first detailed public statement, preventing revival after the offer process closes.

SEBI

2026 (9) TMI 302

Leave against acquittal requires arguable grounds for deeper scrutiny, while certified-copy time is excluded from limitation.

SEBI

2026 (9) TMI 206

Clearing member liability for trading member client defaults requires a statutory duty and authorised monetary remedy.

SEBI

2026 (9) TMI 14

Disclosure in public interest litigation is mandatory; suppression of overlapping proceedings defeats equitable writ relief and warrants costs.

SEBI

2026 (8) TMI 1452

Pre-litigation mediation exemption applies where commercial suits genuinely require urgent disclosure and asset-protection interim relief for affected investors.

SEBI

2026 (8) TMI 1401

SEBI ODR arbitration requires participation after failed conciliation while preserving jurisdictional and maintainability objections for arbitral determination.

SEBI

2026 (9) TMI 301

Interim moratorium exclusion permits narrowly tailored arbitral asset-protection measures in personal-guarantor insolvency proceedings pending arbitration.

IBC

2026 (9) TMI 300

Section 10A protection bars CIRP when cash credit repayment defaults arise within the statutorily protected period.

IBC

2026 (9) TMI 205

Resolution-plan finality extinguishes unpreserved pre-approval provident fund claims and bars post-CIRP recovery against restructured corporate debtors.

IBC

2026 (9) TMI 204

Speaking-to-the-minutes correction limited to counsel appearance; photocopy precedent remained irrelevant to undisputed insolvency default.

IBC

2026 (9) TMI 203

Financial debt verification requires reliable proof against the corporate debtor; internal adjustments and preliminary arrangements cannot substantiate claims.

IBC

2026 (9) TMI 202

Arbitration clauses do not bar insolvency proceedings for settled supply claims where no genuine pre-existing dispute exists.

IBC

2026 (8) TMI 801

Equivalent-value property seizure under FEMA may proceed on prima facie evidence of unauthorised overseas fund transfers.

FEMA

2026 (8) TMI 165

Proof of actual software receipt is required for foreign-exchange remittances; authorised company officers remain liable without due diligence.

FEMA

2026 (8) TMI 164

Foreign-exchange compliance breaches in share transfers and escrow security arrangements sustained, while chairman's residential-status charge failed.

FEMA

2026 (8) TMI 106

Company officer liability for neglected export-proceeds compliance retained, while monetary penalty was reduced to the pre-deposit.

FEMA

2026 (7) TMI 1950

Current account treatment for definite tournament services removes most foreign-exchange contraventions, but excess remittance and delayed repatriation remain liable.

FEMA

2026 (7) TMI 1854

Statutory penalty ceilings preserve adjudicatory discretion; enhancement requires proof that the imposed penalty was improperly or disproportionately low.

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 (9) TMI 299

Continued property retention under anti-money-laundering law requires cogent material, adjudicatory satisfaction, and notice to affected owners.

Money Laundering

2026 (9) TMI 298

Confirmed PMLA Attachments Override Subsequent Sale Deeds and Prevent Purchasers from Resisting Property Auctions in Enforcement Proceedings

Money Laundering

2026 (9) TMI 297

Post-cognizance complaint return is barred, while property location alone does not defeat jurisdiction for continuing money-laundering allegations.

Money Laundering

2026 (9) TMI 296

Attached property cannot be removed from an enforcement auction catalogue without proven transparent and saleable title.

Money Laundering

2026 (9) TMI 286

Anticipatory bail for money laundering requires satisfying stringent twin conditions despite bail protection in the predicate offence.

Money Laundering

2026 (9) TMI 201

Prolonged pre-trial custody in money-laundering proceedings did not justify continued incarceration, supporting conditional bail release.

Money Laundering

2026 (9) TMI 295

Municipal water-supply services through tube well operations qualify for Service Tax exemption when linked to municipal water-supply functions.

Service Tax

2026 (9) TMI 294

Employee secondment can constitute taxable manpower supply, but extended limitation fails without proof of wilful suppression or tax-evasion intent.

Service Tax

2026 (9) TMI 293

SEZ service tax exemption prevails over procedural refund limitation where authorised operational use and substantive eligibility remain undisputed.

Service Tax

2026 (9) TMI 292

Actual receipt of misaddressed adjudication orders determines appeal limitation, while an excess deposit satisfies mandatory pre-deposit requirements.

Service Tax

2026 (9) TMI 291

Actual expense reimbursements in manpower services fall outside taxable value when delegated valuation rules exceed statutory limits.

Service Tax

2026 (9) TMI 197

Transport-terminal exclusion in service tax turns on TTMC construction classification, bus-terminal activity recognition, and extended limitation.

Service Tax

2026 (9) TMI 86

Statutory appellate remedy remains available after an order-in-original issued during pending writ proceedings, preserving all merits grounds.

Central Excise

2026 (9) TMI 290

Automobile-part classification excludes fare meters serving only fare calculation, preventing maximum-retail-price based excise valuation for such devices.

Central Excise

2026 (9) TMI 181

Job-work valuation under Rule 10A excludes notional profit, while exemptions depend on valid principal-manufacturer undertakings.

Central Excise

2026 (9) TMI 180

Payment under protest preserves excise refund eligibility by excluding limitation where duty liability remained continuously disputed.

Central Excise

2026 (9) TMI 179

Assessable value in buyback supplies requires arm's-length pricing; below-cost contractual prices triggered cost-based valuation and eliminated penalties.

Central Excise

2026 (9) TMI 178

Buyer-funded tooling valuation requires proportionate amortisation, while disclosed methodology defeats extended limitation, interest, and penalties.

Central Excise

2026 (9) TMI 3

High Court judgment in VAT dispute remains undisturbed after special leave petition is dismissed without interference.

VAT / Sales Tax

2026 (9) TMI 2

Statutory pre-deposit deadlines remain binding when delayed compliance would override conditional restoration of an appeal.

VAT / Sales Tax

2026 (9) TMI 177

Title-based classification of railway rolling-stock transfers determines taxable sales, while agency procurement avoids an intermediate sales-tax transaction.

VAT / Sales Tax

2026 (9) TMI 176

Finality of assessments bars challenges to consequential demand notices seeking to revive exhausted disputes through recovery proceedings.

VAT / Sales Tax

2026 (9) TMI 175

Input tax credit survives subsequent supplier registration cancellation when contemporaneous banking and goods-movement evidence supports genuine purchases.

VAT / Sales Tax

2026 (9) TMI 174

Mens rea and false representation are essential before penalising concessional Form C purchases for registered business machinery use.

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 (9) TMI 81

Delayed Foreign Travel Tax payments before notice do not constitute non-payment, and appellate review cannot worsen penalties.

Indian Laws

2026 (9) TMI 80

Unauthorised occupation standards protect statutory auction purchasers from summary eviction over unresolved lease transfers and disputed prior dues.

Indian Laws

2026 (9) TMI 289

Assignment of secured debt to a bank permits enforcement under SARFAESI despite the originating lender lacking notified status.

Indian Laws

2026 (9) TMI 288

Medicinal Codeine Exemption: Qualifying cough syrup remains outside NDPS controls unless knowingly diverted for intoxication or non-medicinal trafficking.

Indian Laws

2026 (9) TMI 173

EEZ fishing access requires regulated territorial transit channels and timely verification of Access Pass applications by State authorities.

Indian Laws

2026 (9) TMI 1

Vicarious liability for cheque dishonour requires specific allegations of business control, consent, connivance, or neglect; directorship alone is insufficient.

Indian Laws





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