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Recent Case Laws

View All
2026 (4) TMI 1267

Recovery barred during intended statutory appeal when tax component was prima facie discharged and appeal filing was undertaken.

GST

2026 (4) TMI 1266

GST assessment remitted for fresh consideration; consequential registration cancellation set aside where additional transaction records were produced.

GST

2026 (4) TMI 1265

GST adjudication set aside for want of opportunity to respond; matter remitted for fresh consideration and recovery action withdrawn.

GST

2026 (4) TMI 1264

Consideration of reply and supporting documents required before GST adjudication; order set aside and matter remitted.

GST

2026 (4) TMI 1263

Ex parte GST adjudication set aside and remitted for fresh reply-based reconsideration after notice response opportunity.

GST

2026 (4) TMI 1262

Ex parte GST adjudication set aside and remitted for fresh hearing after opportunity to reply to show-cause notice.

GST

2026 (4) TMI 1258

Effective service of reassessment notice is mandatory; without proof of delivery, reassessment jurisdiction fails and the order is quashed.

Income Tax

2026 (4) TMI 1257

Mandatory section 143(2) notice after a return under section 148 is jurisdictional; omission renders reassessment void ab initio.

Income Tax

2026 (4) TMI 1256

Mandatory disposal of reopening objections before reassessment is completed; failure to do so vitiates the proceedings.

Income Tax

2026 (4) TMI 1255

Charging section change needs notice; duplicate purchase-difference additions cannot survive where stock discrepancy is already accounted for.

Income Tax

2026 (4) TMI 1254

Bright Line Test rejected for AMP transfer pricing adjustment; related tax and bonus issues sent back for verification.

Income Tax

2026 (4) TMI 1253

Treaty residency under the centre of vital interests test was remanded for fresh factual determination on incomplete evidence.

Income Tax

2026 (4) TMI 807

Benami attachment and traced proceeds: wrong property description was curable, while bogus share premium remained attachable as property.

Benami Property

2026 (4) TMI 806

Benami proceedings survive criminal acquittal where fund flow and layering evidence support reasons to believe and provisional attachment.

Benami Property

2026 (4) TMI 805

Benami evidence can rely on income-tax search material when corroborated by documents, electronics, and supporting statements.

Benami Property

2026 (4) TMI 765

Benami attachment upheld on cumulative evidence, corroborated tax-search statements and no automatic right to cross-examination.

Benami Property

2026 (4) TMI 715

Sufficient cause for recall of ex parte orders rejected where repeated non-appearance was unexplained and additional documents could not be admitted.

Benami Property

2026 (4) TMI 386

Benami cash routed through controlled entities may remain attachable even after conversion into business assets and tax payment.

Benami Property

2026 (4) TMI 1241

DRI officers as proper officers under Customs law sustain show cause notices and defeat a jurisdiction-based remand.

Customs

2026 (4) TMI 1240

Limitation under Customs law barred confiscation proceedings, and the consequential penalty also failed once the action was time-barred.

Customs

2026 (4) TMI 1239

Limitation for customs demand after rescission of exemption notification barred delayed show cause notice and penal action

Customs

2026 (4) TMI 1238

Mens rea is essential for customs penalty under Section 112(b); mere transport of sealed consignments was insufficient.

Customs

2026 (4) TMI 1237

Exemption conditions must arise from the notification itself; SEZ clearance can satisfy the export requirement for imported goods.

Customs

2026 (4) TMI 1236

Liquidation and failure to seek continuance under tribunal procedure rules caused the appeal to abate.

Customs

2026 (4) TMI 953

Delay in refiling company appeal not condoned where medical explanation was unsubstantiated and multiple appellants could have supported it.

Companies Law

2026 (4) TMI 879

Prolonged custody and one-third sentence completion justified statutory bail where trial had not yet begun.

Companies Law

2026 (4) TMI 1094

Oppression and mismanagement relief is barred by acquiescence, while Section 77 claims require strict proof of financial assistance.

Companies Law

2026 (4) TMI 1093

Execution through statutory mechanism, not fresh petition, bars re-litigation of closed company-law issues.

Companies Law

2026 (4) TMI 1009

Continuing oppression and mismanagement can defeat delay objections where documentary records support exclusion and shareholding changes.

Companies Law

2026 (4) TMI 1008

Interim status quo orders in company disputes will stand absent clear error or prejudice to the parties.

Companies Law

2026 (4) TMI 878

Procedural objection raised too late, with no shown prejudice, led the Supreme Court to decline interference under Article 136.

SEBI

2026 (3) TMI 1648

Fraudulent trading and minimum public shareholding breaches upheld; debarment reduced on proportionality, and appeals dismissed.

SEBI

2026 (3) TMI 1596

No ground to interfere with the tribunal order; the civil appeals were dismissed after delay was condoned.

SEBI

2026 (3) TMI 1380

Show-cause notice response time granted as Supreme Court dismisses appeal and leaves remaining merits open.

SEBI

2026 (3) TMI 1255

Promoter-group status and connected trading can support minimum public shareholding breach and fraudulent market conduct findings.

SEBI

2026 (3) TMI 1086

Fraud and disclosure: post facto shareholder ratification cannot validate diversion of issue proceeds; regulatory penalties restored.

SEBI

2026 (4) TMI 1232

Statutory tax attachment does not create secured creditor status in liquidation when the claim is not admitted under insolvency law.

IBC

2026 (4) TMI 1164

Section 65 IBC requires cogent proof of fraudulent initiation and cannot reopen decided debt-and-default findings in CIRP.

IBC

2026 (4) TMI 1163

Pre-existing wage dispute defeats Section 9 insolvency claim where entitlement and quantum remained genuinely contested.

IBC

2026 (4) TMI 1162

Perjury proceedings need prima facie deliberate falsehood on a material issue; a defence affidavit in a finalised resolution plan dispute was not enough.

IBC

2026 (4) TMI 1161

Narrow recall jurisdiction bars disguised review where the proper remedy is appeal; the application was dismissed.

IBC

2026 (4) TMI 1160

Invoice-based interest cannot be added to operational debt without contract or mutual practice, leaving the insolvency filing below threshold.

IBC

2026 (4) TMI 871

FEMA liability and discretionary penalty reduction: managing director remained liable, sleeping directors were exonerated, and penalty was scaled back.

FEMA

2026 (4) TMI 699

NRNR account contravention: prior violations remain punishable after omission, but confiscation needs recorded reasons.

FEMA

2026 (4) TMI 531

Direct buyer-paid export commission need not form repatriable proceeds, and penalty fails without personal knowledge evidence.

FEMA

2026 (4) TMI 530

Retracted statements can support FEMA contravention when corroborated, while penalties may be reduced on equitable grounds.

FEMA

2026 (4) TMI 436

Export realisation and director liability under FEMA upheld where exporters failed to prove recovery steps or absence of knowledge.

FEMA

2026 (4) TMI 435

Foreign exchange contravention sustained where high sea sale documents failed to prove remittances were covered, reducing the penalty.

FEMA

2026 (4) TMI 801

Cartel evidence through emails upheld, with partner liability and penalty principles sustained under competition law.

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 (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

2026 (4) TMI 1159

Equivalent-value attachment under SAFEMA upheld where tainted property was unavailable and nexus evidence satisfied statutory belief requirements.

Money Laundering

2026 (4) TMI 1088

Special leave petition disposed without merits, with liberty to raise all points before the High Court.

Money Laundering

2026 (4) TMI 1087

Prima facie assessment at discharge stage sustains prosecution where the order shows due consideration of relevant materials.

Money Laundering

2026 (4) TMI 1086

PMLA attachment confirmed where properties were treated as proceeds of crime and no perversity or legal error was shown.

Money Laundering

2026 (4) TMI 1085

Cognizance after BNSS commencement requires notice to the accused before the court can proceed under Section 223.

Money Laundering

2026 (4) TMI 1084

Proceeds of crime can include property value and assets in another's name, with fair hearing requirements satisfied.

Money Laundering

2026 (4) TMI 1231

Service tax demand based only on return mismatch fails without proof of taxable service, recipient and consideration.

Service Tax

2026 (4) TMI 1230

Reimbursable expenses excluded from service tax value where they are distinct from service consideration and only commission is charged.

Service Tax

2026 (4) TMI 1229

Service tax refund limitation bars claim where delay is unexplained and excess tax return is not established.

Service Tax

2026 (4) TMI 1158

Welfare-scheme medical services require factual scrutiny before taxability is determined; extended limitation and penalties were rejected.

Service Tax

2026 (4) TMI 1157

Residential complex service tax: composite construction activity and a non-surviving earlier order defeated the demand.

Service Tax

2026 (4) TMI 1156

Unjust enrichment and works contract classification barred refund where the taxpayer could not prove tax burden was not passed on.

Service Tax

2026 (4) TMI 1228

Cenvat credit on insurance, hedging and employee training services was upheld for their nexus with manufacturing business operations.

Central Excise

2026 (4) TMI 1227

CENVAT credit on concessional countervailing duty remains admissible; extended limitation and penalty need deliberate suppression or evasion intent.

Central Excise

2026 (4) TMI 1226

Input Service Distributor cannot face Rule 14 recovery; notice by Audit Commissioner lacked authority, and extended period failed.

Central Excise

2026 (4) TMI 1225

Manufacture and tariff classification of soil conditioner failed for Revenue, defeating extended limitation and penalty.

Central Excise

2026 (4) TMI 1224

Cenvat credit on business-related services allowed before amendment, while construction-linked credit was excluded after 01.04.2011.

Central Excise

2026 (4) TMI 1223

Reasoned quasi-judicial orders require consideration of actual submissions; incomplete adjudication justified remand for fresh decision.

Central Excise

2026 (4) TMI 942

Mandatory C and F Forms govern concessional tax treatment for inter-State stock transfers; non-production defeats the claim.

VAT / Sales Tax

2026 (4) TMI 859

Limitation and statutory jurisdiction bar reassessment where belated acceptance of self-assessment cannot cure a defective notice.

VAT / Sales Tax

2026 (4) TMI 792

Input tax credit requires proof of genuine purchases and physical movement of goods; remand ordered for fresh verification.

VAT / Sales Tax

2026 (4) TMI 511

Functus officio bars post-disposal writ applications seeking review under the guise of clarification or rectification.

VAT / Sales Tax

2026 (4) TMI 510

Conditional stay of entry tax recovery granted pending second appeal, subject to further deposit and protection against coercive steps.

VAT / Sales Tax

2026 (4) TMI 144

Purposive interpretation of pottery exemption upheld for Board-approved earthen roofing tiles under the Kerala VAT scheme.

VAT / Sales 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

2024 (12) TMI 664

ITAT recalls ex parte wealth tax orders after representative's death created compelling circumstances under Rule 24

Wealth-tax

2026 (4) TMI 993

Abated revival proceedings cannot validate unauthorized asset dealings; illegal share allotment and undisclosed scrap sale were set aside.

Indian Laws

2026 (4) TMI 992

Bank negligence in cheque presentment amounts to deficiency in service, while compensation must stay fair and proportionate.

Indian Laws

2026 (4) TMI 753

Appeal maintainable where tribunal acted under appealable provision; without-prejudice impleadment upheld to preserve substantive rights.

Indian Laws

2026 (4) TMI 1069

Permissive arbitration clause held non-binding where it showed only a future possibility, not a present obligation to arbitrate.

Indian Laws

2026 (4) TMI 1068

Quantum meruit claim survives where no proved contract exists and Section 69(2) does not bar compensation.

Indian Laws

2026 (4) TMI 1067

Expired lease and rent default justified vacant possession, arrears, and damages for unlawful occupation, with future mesne profits refused.

Indian Laws





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