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Recent Case Laws

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2026 (2) TMI 958

Statutory appeal remedy: extension granted to file under Central Goods and Services Tax while statutory forum remains primary.

GST

2026 (2) TMI 957

Suspension in contemplation of inquiry reversed where charge-sheet existed and adverse report predated misconduct; subsistence payable and inquiry time bound.

GST

2026 (2) TMI 956

Appellate remand prohibition: appellate authority must decide appeals on merits; remands to adjudicator set aside and reconsidered.

GST

2026 (2) TMI 955

Service of process: failure to serve and lack of knowledge suspends limitation; delay condoned and appeal remitted.

GST

2026 (2) TMI 954

Natural Justice failure: order under GST adjudication quashed for absence of a fresh, definite personal hearing.

GST

2026 (2) TMI 953

Year-specific Limitation: Composite GST show cause notices across multiple years are unsustainable; separate yearly notices required.

GST

2026 (2) TMI 943

Limitation under Section 275(1): clause (a) applies where penalty originates in an appealed assessment; penalty deemed within time.

Income Tax

2026 (2) TMI 942

Political activity: admitted spending of trust funds on election campaigns constitutes a specified violation under Section 12AB(4), justifying denial of registration.

Income Tax

2026 (2) TMI 941

Payment of Appeal Fee: where fee was paid but proof was initially absent, the appeal must be admitted and decided on merits.

Income Tax

2026 (2) TMI 940

Presumptive taxation under section 44AD precludes separate additions for unexplained cash deposits, thereby appeal allowed.

Income Tax

2026 (2) TMI 939

Disallowance under Section 14A limited to investments actually yielding exempt income, requiring Rule 8D recalculation.

Income Tax

2026 (2) TMI 938

Unexplained cash credit: documentary proof and banking trail can negate Section 68 addition, leading to deletion.

Income Tax

2026 (2) TMI 795

Benami Transaction Definition expanded to include continued holding post amendment, capturing pre amendment transfers where consideration paid by another.

Benami Property

2026 (2) TMI 750

Benami property: transfers made to evade protective land laws are benami and not saved by mere employer confidence.

Benami Property

2026 (2) TMI 620

Benami Transactions fiduciary exception is fact dependent; summary dismissal improper, appeal allowed and matter remitted

Benami Property

2026 (2) TMI 58

Benami property attachment and beneficial ownership inquiry: investment confiscable, prosecution deferred pending reinvestigation.

Benami Property

2026 (2) TMI 57

Benami property transaction involving disputed land: tribunal confirms money-trail based attachment and dismisses appeal against appellant

Benami Property

2026 (2) TMI 303

Explanation to Order 47 Rule 1 CPC and condonation of delay: review limited where later superiorcourt decisions resolve conflicting benches, appeal allowed

Benami Property

2026 (2) TMI 918

Recovery under Section 28AAA cannot proceed before DGFT cancels FPS/DEPB scrips; tribunal set aside the demands.

Customs

2026 (2) TMI 917

Supplier evidence rebuttal can overturn surveyor counts and nullify reassessment and confiscation; spare parts exempt from registration.

Customs

2026 (2) TMI 916

Admissibility of electronic evidence: uncertified device records and untested statements cannot sustain customs valuation or penalties.

Customs

2026 (2) TMI 855

Condonation of Delay granted; tribunal classification of imported machinery sustained and appeal dismissed.

Customs

2026 (2) TMI 854

Admissibility of prior testimony: statutory unavailability and cross examination requirements not met, so exclusion and acquittal upheld.

Customs

2026 (2) TMI 853

Customs valuation rejection and re-determination upheld; confiscation for manifest omissions and related fines set aside, penalties mitigated.

Customs

2026 (2) TMI 850

Issue Estoppel bars a subsequent complaint where identical issues were earlier finally decided on merits, resulting in quashing.

Companies Law

2026 (2) TMI 613

Rectification of register of members and restoration of shares upheld where duplicate certificates and deficient transfer procedures proved fraudulent.

Companies Law

2026 (2) TMI 543

Corporate name similarity and trademark-like prominence found decisive; petition allowed and impugned registration refusal set aside.

Companies Law

2026 (2) TMI 542

Tribunal issuing sua sponte judicial direction and access to electronic records found to breach audi alteram partem; order quashed

Companies Law

2026 (2) TMI 479

Companies Act complaint maintainability and director vicarious liability tested; lack of mens rea and non joinder led to quashing of proceedings.

Companies Law

2026 (2) TMI 478

Transfer of winding up proceedings to insolvency framework allowed; enforcement by secured creditors not automatically fatal to CIRP application.

Companies Law

2026 (1) TMI 662

Stock exchange disciplinary action and withheld security: writ maintainable; investigation valid but final board decision set aside as unlawfully constituted

SEBI

2026 (1) TMI 433

AIF trustee debarment for SEBI rule breaches-no investor loss and fund winding-up led to bar treated as expired.

SEBI

2026 (1) TMI 4

Clients authorising third-party F&O trades despite missing pre/post confirmations; broker not liable for losses, award set aside.

SEBI

2026 (1) TMI 1358

Doctrine of merger and trustee-like powers in SEBI-appointed Special Committee; order treated as open-ended, appeals dismissed

SEBI

2026 (1) TMI 1236

Personal liability of directors in regulatory proceedings: attachment challenge refused; pursue statutory appeal under SEBI Act

SEBI

2025 (12) TMI 1674

Market regulator prosecution over access to investigation report and inquiry materials; petition allowed, disclosure ordered with limited redactions

SEBI

2026 (2) TMI 915

Protection of Home Buyers: tribunal may appoint a third party developer and impose safeguards to complete stalled projects.

IBC

2026 (2) TMI 849

Operational debt: auction purchasers not liable for pre-purchase municipal taxes unless claimed in liquidation.

IBC

2026 (2) TMI 848

Existence of debt and default determines insolvency admission; disputes on exact quantum do not defeat admission and limitation may be reset by acknowledgments.

IBC

2026 (2) TMI 790

Public trust in spectrum: licences are conditional use rights not transferable through insolvency without regulatory clearance.

IBC

2026 (2) TMI 789

Acknowledgement of debt restarts limitation and substantial Form I compliance sustains admission of a Section 7 insolvency petition.

IBC

2026 (2) TMI 788

Inclusion of contractual interest determines maintainability where invoice terms and date of default support computing outstanding.

IBC

2026 (2) TMI 914

Legality of Seizure and Handover: High Court orders upheld; limits on adjudication beyond the complaint's proposal under FEMA examined.

FEMA

2026 (2) TMI 847

Admissibility of Customs derived Evidence: admissible in FEMA proceedings if transaction linked and corroborated; active participants liable.

FEMA

2026 (2) TMI 534

Liability of struck off company and directors under FEMA; company appeal dismissed, individual penalty reduced and adjusted.

FEMA

2026 (2) TMI 401

Suit for specific performance and damages: HC limited its ruling on the added issue; enforceability and FERA challenges remain open

FEMA

2026 (2) TMI 188

Export of fish from Exclusive Economic Zone: FEMA and Customs obligations apply, Regulation 14C breach found but penalties reduced.

FEMA

2026 (2) TMI 187

Contravention of foreign exchange rules for offshore import payments -- tribunal reduces penalty to proportionate amount after delay and predeposit

FEMA

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

2025 (12) TMI 1317

WhatsApp user data sharing for advertising and other non-essential purposes-clarification allowed requiring express, revocable opt-in/opt-out consent

Law of Competition

2026 (2) TMI 845

Provisional attachment of proceeds may be ordered against non-accused holders; confirmation follows where material establishes reason to believe.

Money Laundering

2026 (2) TMI 735

Provisional attachment under PMLA requires a traced nexus to the asset; untied pre existing assets set aside, traced corporate shares upheld.

Money Laundering

2026 (2) TMI 607

Provisional attachment under PMLA: writ relief restrained after Adjudicating Authority confirmation; quashing order set aside, appeal allowed

Money Laundering

2026 (2) TMI 606

Restoration of mortgaged properties under PMLA after insolvency and settlements; possession returned to the resolution applicant

Money Laundering

2026 (2) TMI 533

PMLA provisional attachment of undivided share in immovable property for laundered proceeds upheld; confirmation sustained.

Money Laundering

2026 (2) TMI 435

Interpretation of PMLA Section 8(7) and 8(8): Special Court confirmation set aside; appeal restored for merits.

Money Laundering

2026 (2) TMI 913

Alternative statutory remedy bars writ when appellant fails to produce documentary proof for claimed service tax exemptions; appeal permitted with pendency excluded.

Service Tax

2026 (2) TMI 912

Service tax on airport services depends on whether navigational services are provided entirely within the airport; en route RNFC excluded.

Service Tax

2026 (2) TMI 911

Business Support Services classification affirmed; extended limitation requires proof of suppression, limiting tax to the normal period.

Service Tax

2026 (2) TMI 910

Employer employee exception: director remuneration treated as salary is excluded from 'service' and not subject to reverse charge service tax.

Service Tax

2026 (2) TMI 909

Input service admissibility confirmed; Cenvat credit allowed for housekeeping, catering and rent-a-cab, extended limitation not attracted.

Service Tax

2026 (2) TMI 908

Cenvat credit on input services remains available despite bad debt write off for taxable output services; no automatic reversal required.

Service Tax

2026 (2) TMI 904

Clandestine manufacture allegations cannot rest solely on third-party private records; demands and director penalty set aside.

Central Excise

2026 (2) TMI 903

Prospective operation of Rule amendment: credits taken pre-amendment preserved; fabrication-linked inputs and pre-existing late claims allowable.

Central Excise

2026 (2) TMI 902

Cenvat credit on input services upheld where prior final orders bind department, leading to cancellation of related demand and penalties.

Central Excise

2026 (2) TMI 901

Incomplete evidentiary record requires remand for fresh classification and assessment of extended limitation after resolving test-report gaps.

Central Excise

2026 (2) TMI 900

Refund of Deposits: attested xerox payment challans suffice for full refund with statutory interest despite missing bank records.

Central Excise

2026 (2) TMI 899

Input service eligibility for manufacture: CENVAT credit for factory-related services upheld and limitation-based demand rejected.

Central Excise

2026 (2) TMI 894

Condonation of delay upheld where possession was substantive and mode of acquisition treated as directory, leading to dismissal of the petition.

VAT / Sales Tax

2026 (2) TMI 830

Remand allows the original authority to re-adjudicate remitted issues and consider subsequent materials submitted by a party.

VAT / Sales Tax

2026 (2) TMI 775

Intention to evade tax requires more than documentary mismatches; absence of intent defeats penalty and sustains the appeal.

VAT / Sales Tax

2026 (2) TMI 729

Condonation of delay allowed, costs waived and the special leave petition dismissed as modified.

VAT / Sales Tax

2026 (2) TMI 728

Statutory Limitation Period: assessment outside the proviso-driven limitation was time-barred and revision dismissed.

VAT / Sales Tax

2026 (2) TMI 603

Writ challenge to tax assessment and delayed appeal - court declines writ jurisdiction but allows conditional out-of-time appeal.

VAT / Sales 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

2024 (1) TMI 439

Section 16(1) intimations under Wealth Tax Act constitute orders subject to revision under Section 25

Wealth-tax

2026 (2) TMI 829

Cheque liability discharge: RTGS payment prior to trial extinguishes negotiable instrument offence where payment discharged underlying liability.

Indian Laws

2026 (2) TMI 828

Power of Attorney cannot authorise criminal quashment; directors cannot independently seek quashment of corporate offence proceedings absent the company.

Indian Laws

2026 (2) TMI 774

Curable defect in company authorization: subsequent ratification validates prosecution and contested authorization issues go to trial.

Indian Laws

2026 (2) TMI 727

Substitute Arbitrator preserves prior hearings and rulings, restoring validity of earlier arbitral proceedings despite an intervening moratorium.

Indian Laws

2026 (2) TMI 662

Period of validity for cheques governs presentation; alleged invalidity from bank merger is a disputed fact for trial, not pre trial quash.

Indian Laws

2026 (2) TMI 661

Vicarious criminal liability requires material evidence of active involvement or connivance; independent directors quashed, CFO preserved for trial.

Indian Laws


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