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Recent Case Laws

View All
2026 (10) TMI 1240

Full disclosure in bail proceedings prevents forum shopping and requires fresh consideration where material orders were suppressed.

GST

2026 (10) TMI 1239

Alternative statutory remedy in GST disputes channels fake-invoice input tax credit challenges to appellate fact-finding.

GST

2026 (10) TMI 1238

Hearing on disputed additional departmental evidence is mandatory before an appellate authority decides the appeal.

GST

2026 (10) TMI 1237

Statutory GST Remedies Limit Writ Challenges Unless Notices Are Ex Facie Without Jurisdiction or Exceptional Circumstances Exist

GST

2026 (10) TMI 1236

Personal hardship in GST appeal delays supported condonation and restored statutory appeals for merits-based adjudication.

GST

2026 (10) TMI 1235

Input tax credit limitation under Section 16(4) cannot survive where covered by an earlier common decision.

GST

2026 (10) TMI 1201

Post-amalgamation loss set-off depends on succession to business and the statutory eight-year carry-forward limitation.

Income Tax

2026 (10) TMI 1200

Nil withholding certificates for cost cross-charges remain subject to regular assessment of their income-tax taxability.

Income Tax

2026 (10) TMI 1199

Essential evidence may be admitted without costs when additional documents and witness proof are needed to decide disputed facts.

Income Tax

2026 (10) TMI 1198

Audit-objection reassessment beyond three years requires new documentary evidence and cannot revisit completed scrutiny assessments through a changed opinion.

Income Tax

2026 (10) TMI 1197

Provisional attachment of fixed deposits may be lifted when tax security and asset-preservation undertakings adequately protect Revenue interests.

Income Tax

2026 (10) TMI 1196

Centralised tax assessments do not bar prescribed notices, while preliminary information requests ordinarily require statutory remedies first.

Income Tax

2026 (9) TMI 1948

Section 24 provisional attachment permits same-day notice, approval and attachment when statutory conditions and prior approval are satisfied.

Benami Property

2026 (9) TMI 1390

Final tax adjudication findings negating benami transactions and confirming disclosure undermined prosecution, requiring quashing of criminal proceedings.

Benami Property

2026 (10) TMI 814

Benami cash transfers through proprietorship accounts may trigger limited attachment despite subsequent banking retransfer to the beneficial owner.

Benami Property

2026 (10) TMI 739

Benami transaction requirements cover legitimate funds when consideration and beneficial ownership conditions are met, leaving no review error.

Benami Property

2026 (10) TMI 655

Retroactive Benami enforcement applies procedural amendments, while evidence of funding and control supports property attachment.

Benami Property

2026 (10) TMI 491

Benami transaction indicators established beneficial ownership where the recorded purchaser lacked funds and acted on another's directions.

Benami Property

2026 (10) TMI 1186

Show-cause notice absence and natural justice claims failed in petitions seeking release of gold seized by customs.

Customs

2026 (10) TMI 1185

IGST valuation must use effective exempt customs duty, preventing notional tariff-duty additions on duty-free imports.

Customs

2026 (10) TMI 1184

Penalties on Chartered Engineers fail when unsupported principal import demands, confiscation and related penal consequences no longer survive.

Customs

2026 (10) TMI 1183

Customs penalty liability requires admissible evidence and proof of knowledge; uncorroborated third-party statements cannot establish involvement.

Customs

2026 (10) TMI 1182

Revenue's burden for non-notified goods requires cogent proof of foreign origin and illicit importation before confiscation.

Customs

2026 (10) TMI 1181

Composite vehicle audio-video units require evidence of principal function, preserving radio-receiver classification and corresponding notification benefit.

Customs

2026 (10) TMI 982

Finality of affirmed appellate directions bars interference with consequential compliance orders lacking independent findings on the merits.

Companies Law

2026 (10) TMI 877

Interim protection in acquisition disputes requires fulfilled conditions, proven performance, and a present need to preserve subject matter.

Companies Law

2026 (10) TMI 806

Separate corporate personality prevents personal liability of non-executive directors for company deposits without an independent legal basis.

Companies Law

2026 (10) TMI 732

Civil jurisdiction over inherited company-held assets survives where statutory bars and benami objections require evidentiary determination.

Companies Law

2026 (10) TMI 1087

Proprietary security in pledged shares prevails over unspecified negative liens, personal guarantees, and unrecorded oral undertakings.

Companies Law

2026 (10) TMI 1086

Share-purchase relief requires established oppression and mismanagement, statutory satisfaction, and a current scrutinised valuation before a buyout direction.

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

Cross-segment derivatives price manipulation triggers interim market-access restraints, asset preservation, and disclosure obligations pending investigation.

SEBI

2026 (10) TMI 1177

Liquidator e-auction price qualifies as true market value for stamp duty when transparently supervised and competitively determined.

IBC

2026 (10) TMI 1085

Section 7 default proof: authenticated Information Utility records support insolvency admission despite accounting disputes or profitability claims.

IBC

2026 (10) TMI 1084

Look Out Circulars cannot restrict personal guarantors' foreign travel solely to facilitate civil debt recovery.

IBC

2026 (10) TMI 1083

Operational debt proof through tax and ledger records can support insolvency admission despite minor invoice address discrepancies.

IBC

2026 (10) TMI 1082

Fixed-deposit withdrawal rights followed the civil-appeal appellant's designated entitlement, excluding the corporate debtor's suspended director.

IBC

2026 (10) TMI 1081

Resolution plan approval resists challenge absent statutory non-compliance, protecting creditor committee decisions on bidding, valuation and implementation.

IBC

2026 (9) TMI 2006

FEMA civil penalties apply without mens rea where charitable trusts retain non-resident rupee borrowings beyond permitted periods.

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 804

Conflict-of-interest qualifying conditions extend uniformly to borrowers, subsidiaries and associates of a credit rating agency's promoter.

FEMA

2026 (10) TMI 477

FERA civil penalties do not require mens rea, while proportionality review permits interference only for shocking excess.

FEMA

2026 (10) TMI 476

FEMA evidence rules uphold corroborated electronic records but reject liability founded solely on unsupported extrapolated import transactions.

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 (2) TMI 846

Prima facie abuse of dominance requires material showing likely competitive harm; co-location allegations did not justify investigation.

Law of Competition

2026 (10) TMI 978

Prolonged pre-trial detention cannot continue where investigation is complete and trial completion remains unforeseeable despite statutory bail restrictions.

Money Laundering

2026 (10) TMI 977

Predicate FIR quashing on compromise does not remove PMLA bail rigour while laundering investigation remains incomplete.

Money Laundering

2026 (10) TMI 976

Prolonged pre-trial detention may yield to Article 21 protections despite statutory bail restrictions in money-laundering proceedings.

Money Laundering

2026 (10) TMI 975

Escrow substitution for provisional attachment permits property sales while preserving proceeds of crime for pending trial.

Money Laundering

2026 (10) TMI 1176

Release of seized assets follows when alternative properties secure alleged crime proceeds and the assets are no longer needed.

Money Laundering

2026 (10) TMI 1175

Pre-cognizance hearing for post-commencement money-laundering complaints is mandatory before cognizance under Bharatiya Nagarik Suraksha Sanhita.

Money Laundering

2026 (10) TMI 1174

Works contract service valuation: dispute over VAT-paid materials in turnkey projects ended with dismissal of the appeal.

Service Tax

2026 (10) TMI 1173

Form 26AS alone cannot support service-tax demands against advocates without verifying receipts and applying legal-services notifications.

Service Tax

2026 (10) TMI 1172

Service-tax classification distinguishes taxable works contracts from exempt distributorship commission and VAT-paid goods supplies, with no penalty.

Service Tax

2026 (10) TMI 1171

Works contract valuation excludes goods value from service tax even where VAT remains unpaid on those goods.

Service Tax

2026 (10) TMI 1170

Water supply characterisation excludes natural-resource-use service tax, while revenue neutrality prevents extended limitation for reverse-charge demands.

Service Tax

2026 (10) TMI 1169

Interest on excise-duty refunds: conflicting views on statutory rate and commencement prompted reference to a larger Bench.

Service Tax

2026 (10) TMI 1168

Personal liability for invoice-related penalties requires proven issuance or abetment and admissible evidence, not corporate allegations alone.

Central Excise

2026 (10) TMI 1167

CENVAT credit records and departmental knowledge defeat invoice-only denial and extended limitation for delayed credit demands.

Central Excise

2026 (10) TMI 1166

CENVAT credit on concessional countervailing duty for imported coal remains admissible despite domestic excise exemption restrictions.

Central Excise

2026 (10) TMI 1165

Investment-linked VAT remission is a State subsidy, not buyer consideration, excluding it from excise transaction value and related penalty.

Central Excise

2026 (10) TMI 1164

Investigative payments before assessment are deposits, attracting statutory pre-deposit refund interest from payment rather than delayed-duty refund interest.

Central Excise

2026 (10) TMI 1163

CENVAT Credit Pool permits centralised providers to pay excise duty without separate ISD registration across declared premises.

Central Excise

2026 (10) TMI 956

Specific-entry classification treats dupattas as exempt woven fabrics, not fibres, because their fabric character governs scheduled-entry coverage.

VAT / Sales Tax

2026 (10) TMI 867

Residual tax classification treats bundled mobile chargers and printer consumables as separately taxable unspecified goods.

VAT / Sales Tax

2026 (10) TMI 866

Separate enterprise classification prevents clubbing of plant and machinery investments, preserving concessional sales tax eligibility for qualifying units.

VAT / Sales Tax

2026 (10) TMI 865

Deemed dealer status binds railway container contractors, requiring statutory records to substantiate any claimed tax non-liability.

VAT / Sales Tax

2026 (10) TMI 1070

Registered security interests override State sales tax charges, securing encumbrance-free transfer of assets acquired in enforcement auctions.

VAT / Sales Tax

2026 (10) TMI 1069

Continuing sales-tax demand notices remain timely when the original notice was issued within the statutory limitation period.

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 (10) TMI 954

Temporary injunctions for prima facie defamatory publications can restrain harmful republication while permitting accurate official reporting.

Indian Laws

2026 (10) TMI 863

Section 9 Interim Protection Requires Security Where Financial Distress Creates Serious Risk of Insufficient Assets for Arbitration Award Execution.

Indian Laws

2026 (10) TMI 862

Time-barred debt cheques can revive liability, preventing limitation alone from defeating cheque dishonour prosecution under negotiable instruments law.

Indian Laws

2026 (10) TMI 861

Contractual refunds under Article 226 remain available where public authority defences lack documentary support and deposits lack lawful adjustment.

Indian Laws

2026 (10) TMI 1162

AT-1 Bond Write-Downs Must Follow Pre-Reconstruction Regulatory Procedures, Invalidating Post-Reconstruction Action by an Administrator Without Separate Regulatory Authority

Indian Laws

2026 (10) TMI 1068

Section 9 interim security protects disputed refund claims when financial distress creates a genuine risk of unenforceable awards.

Indian Laws





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