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Recent Case Laws

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2026 (11) TMI 490

Pre-trial detention in GST prosecutions must not be punitive, with bail ordinarily following unless continued custody is justified.

GST

2026 (11) TMI 489

Personal hearing denied by a missing date, time and venue vitiates orders for breach of natural justice

GST

2026 (11) TMI 488

GST penalty proceedings against partners for a firm's alleged wrongful input tax credit remain under consideration, with interim protection.

GST

2026 (11) TMI 487

GST registration cancellation notices require an identifiable issuing authority because statutory notice powers belong to officers, not systems.

GST

2026 (11) TMI 486

GST appeal deadlines expressed in months must be calculated as calendar months, including the permitted extension.

GST

2026 (11) TMI 485

GST registration revocation cannot depend on payment of a disputed amount while liability is determined in separate proceedings.

GST

2026 (11) TMI 479

Approval without application of mind raises questions about the validity of proceedings that rely on the defective approval.

Income Tax

2026 (11) TMI 478

Reassessment of converted companies requires valid taxpayer identification and information suggesting income escaped assessment, not an erroneous non-filer flag.

Income Tax

2026 (11) TMI 477

Reassessment time limits and change of opinion bar late notices and repeated scrutiny of previously examined disclosure grounds

Income Tax

2026 (11) TMI 476

Company dissolution bars reassessment despite an active corporate registry status and prevents further steps under the resulting assessment.

Income Tax

2026 (11) TMI 475

Eligible brought-forward business losses can offset gains on depreciable business assets despite their short-term capital gain treatment.

Income Tax

2026 (11) TMI 474

Customer cash receipts in money transfers do not attract unexplained credit additions when source, genuineness and creditworthiness are established.

Income Tax

2026 (11) TMI 79

Benami law amendments apply retrospectively to confiscation machinery, while new offences and enhanced punishments apply only prospectively.

Benami Property

2026 (11) TMI 243

Review jurisdiction and delay condonation: whether court-granted liberty permits relief without considering the statutory bar on review.

Benami Property

2026 (11) TMI 242

Benami property attachment for earlier transactions was set aside alongside related Tribunal orders following an accepted prior decision.

Benami Property

2026 (11) TMI 241

Cross-examination in benami proceedings is not automatic when parties have a fair opportunity to rebut relied-upon material.

Benami Property

2026 (10) TMI 2040

Benami property tests: corroborated ownership evidence supports attachment despite later retraction and unverified funding claims.

Benami Property

2026 (10) TMI 2039

Benami transaction proof requires a demonstrated funding nexus and beneficial interest; otherwise provisional attachment cannot be confirmed.

Benami Property

2026 (11) TMI 461

Special Economic Zone unit status and Letter of Permission remain at issue, with the remitted matter awaiting fresh consideration.

Customs

2026 (11) TMI 460

Customs penalties based on untested statements are unsustainable where independent evidence is absent and the allegations' foundation is weakened.

Customs

2026 (11) TMI 459

Shipping bill conversion under advance authorisation cannot be blocked by a circular's time limit held beyond statutory powers.

Customs

2026 (11) TMI 458

Float glass classification recognises a microscopic tin layer as absorbent, supporting preferential nil customs duty for imported glass.

Customs

2026 (11) TMI 457

Customs broker penalties for export overvaluation cannot stand when revenue authorities produce no evidence of the broker's knowledge.

Customs

2026 (11) TMI 456

Plastic sheet and wall panel classification depends on material, working and shape, with decorative profiled panels treated as builders' ware.

Customs

2026 (11) TMI 73

Dissolved companies cannot maintain declaratory and injunctive suits outside preserved statutory purposes unless their legal status is restored.

Companies Law

2026 (11) TMI 454

Anonymous complaints and independent special audits: departmental inquiries can proceed outside association complaint rules, with statutory authorities acting independently.

Companies Law

2026 (11) TMI 453

Personal liability for fraudulent business conduct requires proof of fraudulent intent, knowing participation and specific allegations against each director.

Companies Law

2026 (11) TMI 238

Corporate suit authorization and later board resolutions: production does not prejudge ratification, admissibility or the suit's maintainability.

Companies Law

2026 (11) TMI 237

Interim property restraints protect creditors where alleged corporate fraud raises potential personal liability despite no proven receipt of company assets.

Companies Law

2026 (11) TMI 155

Contempt appeals cannot challenge dismissal of a complaint concerning company bank account directions; punishment requires proven deliberate disobedience.

Companies Law

2026 (9) TMI 962

Annulled securities trades require exchange refund of deposited consideration, without forcing delivery or broker arbitration.

SEBI

2026 (9) TMI 1675

Statutory appellate remedy for interim securities restrictions takes priority over writ jurisdiction, preserving objections before the designated appellate forum.

SEBI

2026 (10) TMI 647

Director Liability for Regulatory Refunds Survives Resignation When Tenure Overlaps Investor Fund Mobilisation and Final Recovery Directions

SEBI

2026 (10) TMI 646

Inspection rights in regulatory proceedings exclude electronic material outside the record and not relied upon

SEBI

2026 (10) TMI 402

Finality of unchallenged adjudication orders preserves recovery of fees collected through unregistered investment advisory services after appellate challenge fails.

SEBI

2026 (10) TMI 319

Suspected cross-segment price manipulation supports interim market restraints and joint and several impounding of gains pending investigation.

SEBI

2026 (11) TMI 452

Corporate insolvency admission: Default timing after settlement failure, procedural defects, debtor viability and reasoned orders.

IBC

2026 (11) TMI 451

Fraud classification for loan concealment requires intent to deceive; non-disclosure alone does not establish fraudulent conduct.

IBC

2026 (11) TMI 450

Statutory appeals and insolvency challenges: writ jurisdiction remains available but ordinarily requires judicial restraint absent exceptional grounds.

IBC

2026 (11) TMI 449

Personal guarantee limitation can extend through a borrower's timely acknowledgment, while written demand supports invocation without proceeding against the borrower.

IBC

2026 (11) TMI 448

Insolvency appeal limitation runs from pronouncement despite later uploading, with strict limits on delay and certified-copy exclusions.

IBC

2026 (11) TMI 377

Financial debt default supports insolvency admission, while unfulfilled settlement commitments do not displace statutory withdrawal requirements.

IBC

2026 (11) TMI 320

Non-resident rights shares depend on compliant existing holdings, with inquiry procedures and penalty proportionality also relevant to foreign-exchange enforcement.

FEMA

2026 (10) TMI 979

Corroborated retracted statements support foreign-exchange liability, while unquantified contraventions require proportionate monetary penalties based on proved circumstances.

FEMA

2026 (10) TMI 2030

Saved FERA penal proceedings remain subject to criminal appellate jurisdiction despite FEMA's separate appellate framework.

FEMA

2026 (10) TMI 1498

Roster allocation for foreign-exchange adjudication writ petitions places them in the revenue-and-tax group, not the residuary group.

FEMA

2026 (10) TMI 1308

Reasoned adjudicatory orders require disclosed evidence and reasons, requiring fresh adjudication where a penalty finding lacks support.

FEMA

2026 (10) TMI 1080

Foreign-exchange contraventions require proven seizure, admissible records, and corroborated voluntary statements before statutory presumptions or burden shifting can operate.

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 (11) TMI 447

Bid rigging and tacit acquiescence raise competition law issues alongside individual liability, income-based penalties and natural justice.

Law of Competition

2026 (11) TMI 446

Spurious cancer medicines and money laundering raise bail questions over statement admissibility and foundations for proceeds of crime.

Money Laundering

2026 (11) TMI 374

Written arrest grounds and bail cancellation: existing bail remains in force for earlier arrests absent alleged misuse or other grounds.

Money Laundering

2026 (11) TMI 373

Proceeds of crime attachment can reach holders not accused of scheduled offences when independently formed belief rests on material.

Money Laundering

2026 (11) TMI 319

Bank balance attachment as proceeds of crime rested on a recorded statement and an admitted debt to an accused-controlled entity.

Money Laundering

2026 (11) TMI 231

Direct appeals against provisional attachment orders are unavailable where money laundering law confines appellate jurisdiction to specified orders.

Money Laundering

2026 (11) TMI 150

Money-laundering proceedings based solely on a predicate criminal case cannot survive its quashing but may be revived.

Money Laundering

2026 (11) TMI 445

Disputed postal delivery of tax orders requires proof of receipt to establish when the appeal limitation period begins.

Service Tax

2026 (11) TMI 426

Ocean freight taxation under delegated legislation cannot stand when the relevant notifications exceed the charging provision and precedent remains unstayed.

Service Tax

2026 (11) TMI 372

Reimbursed freight paid to independent transporters falls outside clearing and forwarding service value when transport is outside the agent's obligations.

Service Tax

2026 (11) TMI 371

Works-contract service tax valuation accepts supported goods invoices, while investigation payments do not reduce penalties for intentional evasion.

Service Tax

2026 (11) TMI 370

Reimbursable service expenses fall outside pre-amendment taxable value even when a corporate provider qualifies as a consulting engineer.

Service Tax

2026 (11) TMI 369

Composite works contract valuation excludes identifiable goods sold from service tax, while pre-levy contracts and specified services were not taxable.

Service Tax

2026 (11) TMI 444

Interest on refunded pre-deposits remains unresolved amid a larger-bench reference arising from divergent views on the applicable rate.

Central Excise

2026 (11) TMI 443

Ayurvedic medicine classification requires proof for a proposed cosmetic classification when licences and drug-control evidence support medicinal character.

Central Excise

2026 (11) TMI 367

Job workers bear excise duty as manufacturers, while confiscation requires evidence and repacking may be revenue neutral.

Central Excise

2026 (11) TMI 366

Imported warranty replacement components lose duty exemption without factory use, while eligible Cenvat credit remains available.

Central Excise

2026 (11) TMI 365

Prescription lens fitting is assembly, not manufacture, for central excise purposes even when incidental refining and adjustments are required.

Central Excise

2026 (11) TMI 364

Duty valuation for export-oriented unit clearances cannot shift to a rule not invoked as the show-cause notice's basis.

Central Excise

2026 (11) TMI 301

Sales tax surcharge retains its character as a tax on sales despite being calculated on the tax itself

VAT / Sales Tax

2026 (11) TMI 300

Electricity infrastructure charges can attract VAT as consideration for the right to use goods despite retained licensee control.

VAT / Sales Tax

2026 (11) TMI 299

Quasi-judicial immunity does not bar disciplinary scrutiny of alleged misconduct in rectifying orders that reduced confirmed demands.

VAT / Sales Tax

2026 (11) TMI 225

Silver-palladium alloy taxation follows silver bullion classification under the notification, rather than classification with inferior alloys.

VAT / Sales Tax

2026 (11) TMI 224

Revisional jurisdiction expires with statutory limitation and cannot be revived by audit objections or officer changes.

VAT / Sales Tax

2026 (11) TMI 223

VAT input tax credit set-off remains available despite excess transitional credit claims, which must be addressed under GST.

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 (4) TMI 1915

Territorial appellate jurisdiction invalidates orders by an unauthorised authority, requiring de novo merits adjudication before the competent appellate forum.

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

2026 (10) TMI 955

Independent fiscal offences permit prosecution for delayed returns or knowingly false tax statements without prior assessment or quantified evasion.

Wealth-tax

2026 (10) TMI 3

Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.

Wealth-tax

2026 (11) TMI 56

Anticipatory bail in commercial disputes protects against arrest while limiting tax reporting directions in the absence of compelling circumstances.

Indian Laws

2026 (11) TMI 298

Stamp duty on multi-state loan agreements turns on completed execution, with contractual facility schedules relevant to stated monetary values.

Indian Laws

2026 (11) TMI 222

Cheque dishonour liability requires an enforceable debt when cheques are issued against a subsequently set-aside tax assessment.

Indian Laws

2026 (11) TMI 221

Defence evidence in cheque dishonour proceedings may remain closed when proposed bank testimony cannot assist on material facts.

Indian Laws

2026 (11) TMI 220

Assigned assets and cheques acquired for consideration allow asset reconstruction companies to continue dishonour prosecutions as holders in due course.

Indian Laws

2026 (11) TMI 2

Unlicensed money lending can leave promissory-note loans unenforceable and affect cheque dishonour proceedings, depending on the statutory bar.

Indian Laws


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