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Recent Case Laws

View All
2026 (4) TMI 991

GST portal notice placement objection did not nullify ex parte adjudication; writ relief refused, with limited reconsideration allowed.

GST

2026 (4) TMI 990

Natural justice in GST recovery proceedings: HC allows reply to notice and directs fresh order after consideration.

GST

2026 (4) TMI 989

Statutory appellate remedy under GST bars writ relief where liability depends on facts and no exceptional circumstance is shown.

GST

2026 (4) TMI 988

Natural justice and statutory appeal under GST bar writ relief where no reply or hearing request was made.

GST

2026 (4) TMI 987

GST registration cancellation invalid when order travels beyond the show cause notice and denies a fair hearing.

GST

2026 (4) TMI 986

Composite GST show cause notice and assessment order invalid where they covered multiple tax periods.

GST

2026 (4) TMI 979

Resolution plan approval extinguishes excluded tax claims and bars post-approval recovery actions.

Income Tax

2026 (4) TMI 978

Buy-back of own shares is not taxable under section 56(2)(x) when the shares are extinguished on completion.

Income Tax

2026 (4) TMI 977

Limitation under section 201(1) bars belated tax proceedings; the saving proviso to section 201(3) cannot revive time-barred matters.

Income Tax

2026 (4) TMI 976

Bona fide delay and BSNL VRS compensation treated as exempt retrenchment compensation under section 10(10B).

Income Tax

2026 (4) TMI 975

Equal treatment for co-owners bars unexplained investment addition when the same land transaction was already accepted in another hand.

Income Tax

2026 (4) TMI 974

Ad hoc disallowance from cash expenses is unsustainable where books are accepted and no proper enquiry is made.

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 958

Condonation of delay accepted as the SC declined interference with the Tribunal's judgment and dismissed the civil appeals.

Customs

2026 (4) TMI 957

Customs penal liability for foreign exporters requires clear extraterritorial reach and independent proof of penal ingredients.

Customs

2026 (4) TMI 956

Mandatory timelines under Customs Brokers Licensing Regulations vitiate proceedings when show cause notice and inquiry report are delayed.

Customs

2026 (4) TMI 955

Mandatory Regulation 17 timelines under Customs Brokers Licensing Regulations invalidated delayed notice and inquiry proceedings.

Customs

2026 (4) TMI 954

Burden under the Customs Act fails without corroboration: hearsay and call records did not prove smuggled foreign-origin gold.

Customs

2026 (4) TMI 889

Statutory limitation in customs appeals cannot be extended beyond the outer limit, though writ relief may restore merits review.

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 617

Liquidation dividend distribution requires notice before recovery of excess payments and only proportionate reserves for pending claims.

Companies Law

2026 (4) TMI 537

Delay condoned, but no ground found to interfere with the High Court order; special leave petition dismissed.

Companies Law

2026 (4) TMI 536

Share transfer rights, meeting notice validity and non-compete obligations can bind a transferee under the joint venture framework.

Companies Law

2026 (4) TMI 535

Foreign company status under Companies Act depends on Indian business presence; jurisdiction issue remanded for fresh factual determination.

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 952

Sufficient Cause for Non-Appearance justified restoration and fresh hearing after the tribunal accepted the explanation as genuine.

IBC

2026 (4) TMI 951

Project-specific insolvency in real estate confines claims to one project, while other project stakeholders may proceed independently.

IBC

2026 (4) TMI 877

Corporate debtor appeals by suspended directors are incompetent once insolvency control vests in the interim resolution professional.

IBC

2026 (4) TMI 876

IBC resolution plans bind stakeholders and can override shareholder objections to state consent, property, and discrimination claims.

IBC

2026 (4) TMI 875

Limitation for IBC company appeals runs from open-court pronouncement, and certified-copy exclusion applies only if timely sought.

IBC

2026 (4) TMI 874

Commercial wisdom in insolvency resolution prevailed; plan selection, escrow treatment, and voting extensions were upheld as compliant.

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 950

Restoration of confiscated property under PMLA requires statutory conditions, including framed charges and final adjudication.

Money Laundering

2026 (4) TMI 870

Fugitive economic offender threshold: subsisting warrant and prima facie evidence can sustain declaration under the 2018 Act.

Money Laundering

2026 (4) TMI 869

Equivalent-value attachment under money-laundering law can stand even where the property is jointly owned and proceeds are dissipated.

Money Laundering

2026 (4) TMI 868

Additional evidence at appeal stage requires due diligence, relevance, and a recognised legal ground; bare requests fail.

Money Laundering

2026 (4) TMI 800

Proceeds of crime and provisional attachment: pre-existing commercial deals were excluded, but a delayed dairy payment was upheld.

Money Laundering

2026 (4) TMI 788

Single-member PMLA Bench, limitation exclusion, and prima facie proceeds-of-crime link upheld for attachment confirmation.

Money Laundering

2026 (4) TMI 949

Merger and acquisition advisory was not Management Consultancy; Section 66A could not tax individual shareholders on import of service.

Service Tax

2026 (4) TMI 948

Composite works contract and repeated extended limitation invocation both failed, defeating service tax demands, interest, and penalties.

Service Tax

2026 (4) TMI 947

Licence fee for railway catering permissions is not taxable support service consideration; reverse charge demand and extended limitation fail.

Service Tax

2026 (4) TMI 867

Tour operator services were taxable in the pre-negative list period, but conflicting legal views barred extended limitation and penalty.

Service Tax

2026 (4) TMI 866

Mobilization advance before point of taxation regime was not immediately taxable; penalty fell and interest needed verification.

Service Tax

2026 (4) TMI 865

Voluntary tax payment before notice and reasonable cause barred penalty, while the service tax demand already paid remained intact.

Service Tax

2026 (4) TMI 946

Appropriation of duty and interest paid against confirmed liability, with Rule 25 penalty sustained under the excise framework.

Central Excise

2026 (4) TMI 945

CENVAT credit under Rule 6: no reversal liability arises when no common credit is taken for non-excisable goods.

Central Excise

2026 (4) TMI 944

CENVAT credit penalty not sustainable where irregular credit was reversed, interest paid, and suppression of facts was unproved.

Central Excise

2026 (4) TMI 943

Section 11D Recovery Limits Stock Transfers Do Not Trigger Excise Demand When Amount Already Reaches Government

Central Excise

2026 (4) TMI 861

Refund limitation under Central Excise law runs from the appellate order, while adjudication appropriation converts deposit into duty.

Central Excise

2026 (4) TMI 860

Rule 6(3) Cenvat credit liability cannot be reimposed where an identical issue was already finally decided for the assessee.

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 753

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

Indian Laws

2026 (4) TMI 752

Bank amalgamation under Section 45 upheld: depositor classification, staggered repayment and interest treatment found lawful.

Indian Laws

2026 (4) TMI 669

Cheque presentation period and stale-instrument dishonour under the Negotiable Instruments Act: liability and vicarious liability were not made out.

Indian Laws

2026 (4) TMI 602

Company arraignment is mandatory before prosecuting directors for cheque dishonour under the Negotiable Instruments Act.

Indian Laws

2026 (4) TMI 601

Security cheques can attract Section 138 when a legally enforceable loan debt exists on presentation and remains unpaid.

Indian Laws

2026 (4) TMI 509

Section 139 presumption in cheque dishonour complaints cannot be rebutted at the process stage; liability must be tried on evidence.

Indian Laws





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