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Recent Case Laws

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2026 (10) TMI 953

GST pre-deposit shortfalls require notice and a hearing before appellate dismissal, especially where prior investigation deposits remain unconsidered.

GST

2026 (10) TMI 952

Omission of an export refund restriction without a saving clause invalidates pending GST proceedings based on that restriction.

GST

2026 (10) TMI 951

Amended show-cause notices alleging suppression require a reply, hearing, and reasoned determination while jurisdictional objections remain open.

GST

2026 (10) TMI 950

GST registration revocation after return filing requires a fresh application and a reasoned statutory decision by the competent authority.

GST

2026 (10) TMI 949

Tax-inclusive tender terms bar separate GST recovery from performers and prevent reimbursement claims without contractual or statutory entitlement.

GST

2026 (10) TMI 948

Cross-examination in GST adjudication remains fact-specific, with natural justice objections and evidentiary disputes addressable through statutory appeal.

GST

2026 (10) TMI 922

Philanthropic hospital status permits incidental surpluses where income supports medical care and no private benefit or profit distribution exists.

Income Tax

2026 (10) TMI 921

Reassessment jurisdiction fails where prior full disallowance leaves no income escaping assessment, prompting a stay of proceedings.

Income Tax

2026 (10) TMI 920

Software licence royalty treatment: later clarification excludes earlier resident renewal payments from withholding and disallowance, while payable includes paid amounts.

Income Tax

2026 (10) TMI 919

Functional comparability under transfer pricing rules supports excluding outsourced companies from arm's length price benchmarking.

Income Tax

2026 (10) TMI 918

Employee stock option discount qualifies as revenue expenditure when incurred to secure employee services and incentivise profit-making activities.

Income Tax

2026 (10) TMI 917

Salary TDS credit cannot be denied because an employer failed to deposit deducted tax, invalidating resulting demands.

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 890

Release of detained jewellery remains available despite a pending departmental revision where no interim stay operates.

Customs

2026 (10) TMI 889

Bill-of-lading shipment date governs steel import exemption, while ARN applications follow the separate arrival-based registration window.

Customs

2026 (10) TMI 888

Roster allocation for customs summons challenges places related revenue disputes before the designated court despite ancillary human-rights claims.

Customs

2026 (10) TMI 887

Job-work manufacture preserves concessional customs exemption where imported components satisfy the substantive end-use condition despite procedural documentation lapses.

Customs

2026 (10) TMI 886

Deemed conclusion of customs notice proceedings bars confiscation, redemption fine and penalty after timely statutory settlement payment.

Customs

2026 (10) TMI 885

Consignee status alone cannot establish customs penalty liability without admissible evidence of importer status, knowledge, or abetment.

Customs

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 731

Review jurisdiction excludes unclaimed capital-reduction refunds from Investor Education and Protection Fund transfer rules in this context.

Companies Law

2026 (10) TMI 730

Co-operative bank winding-up requires statutory inspection, reasons and a meaningful hearing; Reserve Bank requisition alone is insufficient.

Companies Law

2026 (10) TMI 649

Fair valuation-based buy-out directions were stayed pending appeal amid disputed valuations and minority shareholder exclusion concerns.

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 876

Mandatory resolution-plan compliance cannot be cured by creditor approval; liquidation may follow where default causes remain unaddressed.

IBC

2026 (10) TMI 805

Recall for alleged affidavit fraud fails without material deception; indirect liquidation stakeholders cannot join disciplinary proceedings.

IBC

2026 (10) TMI 729

Clean slate protection extinguishes excluded water-charge claims after resolution-plan approval, preventing recovery from the corporate debtor.

IBC

2026 (10) TMI 728

CIRP restoration discretion requires record-based reasons before liquidation can override a unanimous creditor decision on value maximisation.

IBC

2026 (10) TMI 727

Agreement-Based Security Interests Exclude Statutory Tax Charges from Secured-Creditor Priority in Corporate Insolvency Resolution Processes

IBC

2026 (10) TMI 726

Interim Stay of Insolvency Professional Suspension Refused Where Disciplinary Findings Showed Prima Facie Regulatory Breaches

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 (9) TMI 1846

Mandatory FEMA preliminary procedure invalidates adjudication where borrower eligibility is assessed without considering applicable external borrowing circulars.

FEMA

2026 (9) TMI 1427

Prospective application of FEMA seizure powers permits scrutiny of post-commencement payments, while unreasoned NOC refusals require reconsideration.

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 (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 875

Statutory committal under money-laundering law requires non-arbitrary exercise of authority discretion for connected scheduled-offence proceedings pending separately.

Money Laundering

2026 (10) TMI 874

Proceeds-of-crime attachment can reach property held by non-accused persons and equivalent-value assets where lawful sources remain unsubstantiated.

Money Laundering

2026 (10) TMI 803

Temporary protection from coercive action enabled statement recording while preserving the investigation and leaving the underlying allegations unresolved.

Money Laundering

2026 (10) TMI 802

Proceeds of crime analysis confirmed property attachment where a cumulative money trail linked escrow funds to its acquisition.

Money Laundering

2026 (10) TMI 725

Freezing orders under anti-money-laundering law need not state reasons where statutory adjudication and appellate remedies remain available.

Money Laundering

2026 (10) TMI 724

Money-laundering attachment for unauthorised Tramadol exports survives where destination concealment and quantified proceeds of crime are established.

Money Laundering

2026 (10) TMI 873

Extended limitation requires proven suppression and intent to evade; audit-based detection and delayed payment cannot sustain time-barred demands.

Service Tax

2026 (10) TMI 872

Service-tax exemption for government water and effluent treatment plant works prevents demands on qualifying turnkey construction contracts.

Service Tax

2026 (10) TMI 871

Outdoor Catering Taxability Requires Normal-Period Assessment, Cum-Tax Recalculation, and No Penalties Without Proven Tax Evasion

Service Tax

2026 (10) TMI 870

GTA service-tax exemptions, reverse charge and threshold relief limit taxable transport receipts while penalties are removed.

Service Tax

2026 (10) TMI 801

Bank guarantee encashment for cargo shortfall is penal recovery, not consideration for taxable tolerance of non-performance.

Service Tax

2026 (10) TMI 800

Export of services and CENVAT credit remain available despite domestic certificate use and verified invoice typing errors.

Service Tax

2026 (10) TMI 925

CENVAT credit for common input services remains available, while leased-premises fit-out charges may attract service tax.

Central Excise

2026 (10) TMI 924

Rectification Limits Bar Evidence Reappraisal and Preserve Penalties for Dealing in Confiscable Excise Goods

Central Excise

2026 (10) TMI 923

Extended Limitation in Central Excise Requires Proven Intentional Suppression; Audit Objections Alone Cannot Sustain the Demand.

Central Excise

2026 (10) TMI 869

CENVAT credit use during payment defaults cannot be restricted through a cash-only duty payment requirement.

Central Excise

2026 (10) TMI 868

Refund limitation for stolen goods runs from judicial release, making a timely duty refund claim allowable.

Central Excise

2026 (10) TMI 799

Extended Excise Limitation Requires Proven Wilful Suppression and Intent; Procedural Lapses Alone Cannot Support Recovery or Penalty

Central Excise

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 864

Projected-revenue taxation requires commenced construction, while assessments require a meaningful opportunity for objections and personal hearing.

VAT / Sales Tax

2026 (10) TMI 707

Prior sanction for specified fiscal offences does not shield independent forgery charges involving disputed tax-evasion transactions.

VAT / Sales Tax

2026 (10) TMI 467

CERSAI-registered security interests take priority over unregistered GST charges, invalidating restraints on NOCs for secured assets.

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 3

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

Wealth-tax

2025 (11) TMI 2064

Territorial appellate jurisdiction invalidates orders issued by an appellate authority not assigned the assessee's regional charge.

Wealth-tax

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 860

Written complaint requirement bars cognizance of securities-contract offences solely on a police report despite police investigation.

Indian Laws

2026 (10) TMI 706

Third-party possession objections require adjudication before coercive recovery can displace a claimant from auctioned property.

Indian Laws

2026 (10) TMI 569

Quashing limits in cheque dishonour disputes require trial where cheque identity and evidentiary effect remain factually contested.

Indian Laws


Highlights
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