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Recent Case Laws

View All
2026 (7) TMI 1927

Statutory GST appellate remedy preserved, with appellate authority permitted to consider delay condonation and decide merits.

GST

2026 (7) TMI 1926

Differential GST rate claim requires factual verification and a reasoned authority decision within the prescribed timeframe.

GST

2026 (7) TMI 1925

Statutory appellate remedy governs factual GST cancellation challenges, while pre-deposit cannot be waived without express legal authority.

GST

2026 (7) TMI 1924

Mandatory personal hearing protects natural justice; an adjudication order issued without it is vitiated and unsustainable.

GST

2026 (7) TMI 1923

Disputed service of tax notices requires appellate factual review, absent an apparent or undisputed breach of natural justice.

GST

2026 (7) TMI 1922

Extraordinary writ jurisdiction cannot bypass an expired statutory GST appeal limitation period to challenge an assessment order.

GST

2026 (7) TMI 1903

Prior approval in assessment proceedings requires genuine application of mind and recorded compliance with natural justice safeguards.

Income Tax

2026 (7) TMI 1902

Insurance tax issues, including investment profits and minimum alternate tax, remained undisturbed after dismissal of the special leave petition.

Income Tax

2026 (7) TMI 1901

Electronic filing of Form 3CLA within the return-filing deadline satisfies the prescribed audit-report timing requirement.

Income Tax

2026 (7) TMI 1900

Scrutiny assessment notices need not disclose selection reasons or identify limited versus complete scrutiny at the initial stage.

Income Tax

2026 (7) TMI 1899

Cross-examination of adverse third-party statements is essential before they can support an alleged on-money addition.

Income Tax

2026 (7) TMI 1898

Overriding contractual obligation prevents development-rights compensation from accruing to the landholder when the developer holds the commercial entitlement.

Income Tax

2026 (7) TMI 860

Fictitious-name benami transactions permit attachment of routed funds when cumulative evidence remains unrebutted by the benefiting participant.

Benami Property

2026 (7) TMI 736

Benami money trail and prejudice test shape why attachment survived and the cross-examination challenge did not succeed.

Benami Property

2026 (7) TMI 672

Benami cash routing and no proven prejudice from denied cross-examination led to upheld attachment.

Benami Property

2026 (7) TMI 671

Benami finding set aside for incomplete appreciation of evidence; matter remanded for fresh consideration of ownership and attachment.

Benami Property

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 1211

Doctrine of election prevents a will beneficiary from asserting inconsistent ownership, while permissive office occupation creates no life interest.

Benami Property

2026 (7) TMI 1868

Error apparent on the record governs review of brown basmati rice export-condition and misdeclaration findings.

Customs

2026 (7) TMI 1867

Provisional release requires demonstrable prohibition; disputed tyre classification and possible future misuse cannot justify continued detention pending adjudication.

Customs

2026 (7) TMI 1866

RoDTEP duty credit for qualifying exports cannot be denied where applicable Foreign Trade Policy conditions are fulfilled.

Customs

2026 (7) TMI 1865

Transaction value reassessment requires cogent evidence; valuation guidelines alone cannot displace declared import values or sustain consequential demands.

Customs

2026 (7) TMI 1864

Customs penalty requires independent proof of knowing involvement; uncorroborated co-accused statements and denied cross-examination cannot sustain liability.

Customs

2026 (7) TMI 1863

Specific tariff classification for gears prevails over vehicle-parts treatment, removing the basis for duty and penalty consequences.

Customs

2026 (7) TMI 1858

FIR quashing limits preserved investigation into alleged forged loan-security documents despite pending insolvency proceedings and indoor management claims.

Companies Law

2026 (7) TMI 1857

Expiry of letters of credit does not end a continuing sale contract, while unregistered firms face contractual claim bars.

Companies Law

2026 (7) TMI 1856

Necessary-party test governs impleadment of alleged beneficiaries in oppression and mismanagement proceedings, with participation deferred absent proven necessity.

Companies Law

2026 (7) TMI 1788

Company name rectification remains valid when an existing company's application triggers independent statutory opinion formation.

Companies Law

2026 (7) TMI 1679

Fraud classification requires a definite forensic finding based on complete borrower records; inconclusive audit material cannot sustain notice.

Companies Law

2026 (7) TMI 1551

Mandatory transfer formalities invalidate alleged share and immovable property transfers based solely on unilateral records and accounting entries.

Companies Law

2026 (7) TMI 846

Public duty in stock exchange governance may bring senior officers within anti-corruption law, subject to factual determination.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes precluded writ jurisdiction where arbitration and exchange grievance mechanisms remained uninvoked.

SEBI

2026 (7) TMI 1607

Suspension of securities-law sentences continues pending appeal, with deposit deadline extended and surrender deferred for one month.

SEBI

2026 (7) TMI 1606

Suspension of securities-law sentences granted pending appeals where statutory penalties, repeat prosecution, fines, and directorship remained arguable.

SEBI

2026 (7) TMI 1372

Subsidiary status requires statutory shareholding or board-control conditions; financial support and business arrangements alone cannot establish the relationship.

SEBI

2026 (7) TMI 1135

Pre-cognizance hearing rights apply before SEBI Special Courts take cognizance of complaints under the procedural framework.

SEBI

2026 (7) TMI 1855

Personal guarantor insolvency process withdrawn after full settlement, with admission order set aside by consent.

IBC

2026 (7) TMI 1787

Insolvency moratorium protects only the corporate debtor, allowing consumer complaints against unprotected co-respondents to proceed on merits.

IBC

2026 (7) TMI 1786

Service of notice and unexplained delay justified refusal to recall an ex parte order in insolvency proceedings.

IBC

2026 (7) TMI 1678

Prior approval for liquidator arbitration is mandatory, but post facto approval makes an earlier invocation effective from approval.

IBC

2026 (7) TMI 1677

Reasoned fraud classification requires independent consideration of defences; reproducing audit observations and show-cause allegations is insufficient.

IBC

2026 (7) TMI 1624

Necessary-party requirement: Chapter 11 Trustee removed where no substantive relief or cause of action was pleaded against her.

IBC

2026 (7) TMI 726

Director liability under FEMA requires proof of control or culpable involvement; mere designation alone does not justify penalty.

FEMA

2026 (7) TMI 660

Pre-deposit non-compliance under FEMA did not bar restoration where readiness to pay and medical hardship were shown.

FEMA

2026 (7) TMI 659

Sub judice protection under FEMA barred fresh notice and complaint based on the same cause of action, leading to quashing.

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 1550

Mandatory opportunity notice and speedy trial protections can invalidate delayed foreign-exchange prosecutions despite available criminal revision.

FEMA

2026 (7) TMI 1370

Discretionary confiscation under FEMA permits penalties without forfeiting securities where adjudicatory discretion is properly exercised.

FEMA

2026 (7) TMI 1459

Exclusive supply and customer incentive arrangements require proof of actual foreclosure or denied market access to breach 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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

Law of Competition

2026 (7) TMI 1853

Section 45 twin conditions for money-laundering bail remained unsatisfied; fresh regular bail may be sought after charges are framed.

Money Laundering

2026 (7) TMI 1852

Pre-cognizance hearing requirement under criminal procedure invalidates money-laundering complaint cognizance taken without hearing proposed accused.

Money Laundering

2026 (7) TMI 1851

Proceeds of crime are essential to money-laundering allegations; proceedings failed when the underlying transaction lacked that character.

Money Laundering

2026 (7) TMI 1785

Condonation of delay requires sufficient cause; delayed bail-related special leave petitions were dismissed as time-barred.

Money Laundering

2026 (7) TMI 1784

Reason to believe for provisional attachment remains central as release of attached properties stands without Supreme Court interference

Money Laundering

2026 (7) TMI 1676

Regular bail in money-laundering proceedings follows prolonged custody, prior incarceration, unframed charges, and unlikely early trial completion.

Money Laundering

2026 (7) TMI 1850

Technical know-how licensing remains outside consulting engineering where no client-specific advisory or customised engineering engagement exists.

Service Tax

2026 (7) TMI 1849

CENVAT credit remains available where records prove input-service receipt and tax payment despite technical objections to document form.

Service Tax

2026 (7) TMI 1848

Foreign bank charges on export remittances do not trigger reverse-charge service tax without an Indian service recipient relationship.

Service Tax

2026 (7) TMI 1847

Sale of seller-developed plots is an immovable-property transfer, while extended limitation requires proven intent to evade tax.

Service Tax

2026 (7) TMI 1783

Supply of tangible goods requires independent use by another; freight concessions for private wagons are not taxable consideration.

Service Tax

2026 (7) TMI 1782

Recognised educational qualifications cover statutory professional-course stages, exempting CA-CPT, ICWA-Foundation and Intermediate coaching from service tax.

Service Tax

2026 (7) TMI 1846

Reimbursement of Cenvat reversal is not excise-duty collection where contractual terms establish its true character.

Central Excise

2026 (7) TMI 1845

Cenvat Credit for factory set-up services remains available where directly linked to manufacture and not specifically excluded.

Central Excise

2026 (7) TMI 1844

Supplementary invoice credit is barred for supplier tax evasion, but recipient penalties require culpable conduct.

Central Excise

2026 (7) TMI 1780

Testing samples without prescribed removal and utilisation records may face excise duty as goods removed for home consumption.

Central Excise

2026 (7) TMI 1779

Clandestine removal requires tangible corroborative evidence; estimated stock discrepancies alone cannot sustain excise duty, extended limitation, or penalties.

Central Excise

2026 (7) TMI 1672

Effective cross-examination and consideration of material submissions required fresh excise adjudication after natural justice breaches were identified.

Central Excise

2026 (7) TMI 1843

Input tax credit requires independent statutory eligibility; purchasing DEPB licences does not satisfy conditions for credit.

VAT / Sales Tax

2026 (7) TMI 1842

Food supplement classification prevails where therapeutic character and drug-sale regulatory compliance are not established for concessional treatment.

VAT / Sales Tax

2026 (7) TMI 1841

Statutory tax concessions continue until expressly withdrawn, preserving the concessional rate for audio cassettes classified as electronic goods.

VAT / Sales Tax

2026 (7) TMI 1840

Director liability for company tax dues requires statutory assessment, while the director must prove absence of fault.

VAT / Sales Tax

2026 (7) TMI 1670

Natural justice requires tax appeals to address written grounds; dismissal solely for non-appearance is invalid for non-application of mind.

VAT / Sales Tax

2026 (7) TMI 1613

Recovery from pension benefits requires impleading affected officers and providing them a fair opportunity of hearing.

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 (7) TMI 1778

Statutory composition of MSME Councils determines jurisdiction, making awards by overconstituted Councils void and open to writ challenge.

Indian Laws

2026 (7) TMI 1777

Independent criminal investigation may continue despite suspension of bank fraud classification, absent express restraint or demonstrated abuse of process.

Indian Laws

2026 (7) TMI 1669

Interim protection for unsecured project loans may require borrowers to create the contractually mandated Debt Service Reserve.

Indian Laws

2026 (7) TMI 1608

Inherent criminal jurisdiction remains limited where complaint material shows no prima facie offence and the dispute is civil.

Indian Laws

2026 (7) TMI 1529

Anticipated royalty governs stamp-duty valuation of indeterminate Government mining leases, while dead rent remains only a minimum payment.

Indian Laws

2026 (7) TMI 1528

Contractual GST computation remains arbitrable, but awards cannot apply unincorporated EPC tax guidelines to item-rate contracts.

Indian Laws





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