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Recent Case Laws

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2026 (4) TMI 1734

Approved resolution plan bars independent enforcement of unresolved pre-existing claims, leading to unblocking of input tax credit.

GST

2026 (4) TMI 1733

Input tax credit dispute remanded for fresh consideration after audit report and material were not properly addressed.

GST

2026 (4) TMI 1732

Documentary GST investigation and no custodial need supported grant of pre-arrest bail subject to conditions.

GST

2026 (4) TMI 1731

Transitional credit claims must stay within Section 140 limits; extraneous VAT mismatch issues cannot govern the decision.

GST

2026 (4) TMI 1730

GST jurisdiction depends on valid officer authorisation; an order passed without it was quashed despite alternate remedy.

GST

2026 (4) TMI 1729

Retrospective input tax credit relief under the CGST Act revived claims filed within the extended statutory period.

GST

2026 (4) TMI 1712

Reassessment on a deactivated PAN in amalgamation context was quashed, and the Supreme Court declined interference.

Income Tax

2026 (4) TMI 1711

Settlement applications and CBDT eligibility cut-off dispute ends with SLP dismissal, while the legal question remains open.

Income Tax

2026 (4) TMI 1710

Search under section 132 is person-centric; section 153C can apply to the other person without year-wise satisfaction notes.

Income Tax

2026 (4) TMI 1709

Jurisdictional defect in reassessment sanction beyond three years cannot be cured by later retrospective proviso

Income Tax

2026 (4) TMI 1708

Service of assessment order is essential before tax recovery, interest, or default consequences can validly arise.

Income Tax

2026 (4) TMI 1707

Substantial question of law and tax-effect threshold bar under Section 260A defeat challenge to Tribunal findings.

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 1686

Customs broker penalty requires reasoned findings on culpable omission, not mere absence of physical verification of premises.

Customs

2026 (4) TMI 1685

Mandatory pre-deposit under Customs law may be conditionally extended, allowing appeal to be heard on merits after compliance.

Customs

2026 (4) TMI 1684

Customs penalty notice specificity: imperfect clause citation did not invalidate penalty where smuggling contravention was clearly disclosed.

Customs

2026 (4) TMI 1683

Customs penalty cannot stand without proof of conscious involvement and compliant use of investigative statements.

Customs

2026 (4) TMI 1682

Pre-amendment IGST under the Customs Tariff Act could not attract interest, redemption fine, or penalty, but the tax demand stood.

Customs

2026 (4) TMI 1681

Tariff classification of food seasoning mixtures under Heading 3302 turns on essential character, not predominance of odoriferous substances.

Customs

2026 (4) TMI 1679

SFIO investigation requires a lawful inspection report; persistent repayment default alone does not establish fraud or justify summons.

Companies Law

2026 (4) TMI 1678

Condonation of short delay in company petitions may rest on uncontroverted medical cause and preserved limitation principles.

Companies Law

2026 (4) TMI 1677

Condonation of short delay upheld where medical evidence supported the explanation and no perversity was shown.

Companies Law

2026 (4) TMI 1445

Continuing possession by a Liquidator upheld where premises remained relevant to an unfinished liquidation and prior identical relief failed.

Companies Law

2026 (4) TMI 1094

Oppression and mismanagement relief is barred by acquiescence, while Section 77 claims require strict proof of financial assistance.

Companies Law

2026 (4) TMI 1093

Execution through statutory mechanism, not fresh petition, bars re-litigation of closed company-law issues.

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 1676

Registered charge survives restructuring where security substance remains unchanged and liquidation proof can be shown through alternative records.

IBC

2026 (4) TMI 1675

Provident fund dues remain outside the liquidation estate and cannot be distributed through the insolvency waterfall.

IBC

2026 (4) TMI 1674

Operational debt, pre-existing dispute and limitation defeated insolvency claim over disputed refund of advance money.

IBC

2026 (4) TMI 1673

Second charge under consent decree recognised as security interest in liquidation despite absence of Registrar of Companies registration.

IBC

2026 (4) TMI 1672

Section 7 insolvency admission sustained despite no dues certificates, where records showed continuing debt and default

IBC

2026 (4) TMI 1671

Post-approval consortium change in resolution plan is impermissible where it alters evaluation basis and applicant composition.

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 1668

False ODI declarations and lack of bona fide business use can justify FEMA seizure under Section 37A.

FEMA

2026 (4) TMI 1362

Foreign summary judgment and enforcement limits under Indian law when real adjudication and regulatory permission are absent

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 1667

Inherent criminal jurisdiction cannot replace revision, especially for belated omnibus challenges to distinct procedural orders.

Money Laundering

2026 (4) TMI 1595

Restitution from attached assets: court orders audit-cost allocation, website data transfer, and further asset seizure steps.

Money Laundering

2026 (4) TMI 1594

CBI report to be kept on record and circulated as Calcutta HC lists the matter for the next date

Money Laundering

2026 (4) TMI 1516

Provisional attachment under PMLA upheld as equivalent-value assets and prima facie laundering nexus were established.

Money Laundering

2026 (4) TMI 1439

Money-laundering proceedings may survive later inclusion of scheduled offences, and attachment stands without proof of lawful source of funds.

Money Laundering

2026 (4) TMI 1361

Provisional attachment of bank accounts may be relaxed against an equivalent fixed deposit, with automatic revival on default.

Money Laundering

2026 (4) TMI 1666

Statutory service requirements control validity of coercive recovery; unsupported speed-post and email service could not sustain attachment.

Service Tax

2026 (4) TMI 1665

CENVAT credit and declared service principles clarified on business use, licence fee refund, advances, and extended period.

Service Tax

2026 (4) TMI 1664

Service tax classification of research-linked receipts: collaborative project fees taxable as scientific consultancy, but not rent or event management.

Service Tax

2026 (4) TMI 1663

Service tax on alumni fee rejected where no consideration flowed to the service provider and extended limitation was unsustainable.

Service Tax

2026 (4) TMI 1662

SEZ service tax exemption prevails for authorised operations when no evidence shows non-authorised use.

Service Tax

2026 (4) TMI 1661

Principal-to-principal dealer incentives and reimbursements are not taxable service consideration; extended limitation fails absent suppression.

Service Tax

2026 (4) TMI 1658

Year-wise tax effect governs departmental appeal maintainability; time-barred demand cannot be added to cross the monetary limit.

Central Excise

2026 (4) TMI 1657

Director penalty under Central Excise Rules reduced where company was in liquidation and contravention could not be precisely attributed.

Central Excise

2026 (4) TMI 1656

Cenvat credit on consultancy for expansion and modernisation of an existing factory was held admissible under input service rules.

Central Excise

2026 (4) TMI 1655

Marketability and Chapter 30 classification of FDG F-18 prevailed, while extended limitation and valuation were rejected.

Central Excise

2026 (4) TMI 1585

Mandatory restriction on CENVAT credit during default sustained, with cash duty recovery and reduced penalty upheld.

Central Excise

2026 (4) TMI 1584

Concrete Mix exemption depends on site-specific process and absence of RMC machinery; extended limitation fails without suppression.

Central Excise

2026 (4) TMI 1654

Deemed rectification and delayed refund interest cannot be defeated by later void proceedings under sales tax law.

VAT / Sales Tax

2026 (4) TMI 1653

Works contract tax in joint development applies only to goods element for flat purchasers, not to land transfer value.

VAT / Sales Tax

2026 (4) TMI 1507

Tax recovery cannot proceed before service of demand orders; appeal time starts only after valid service.

VAT / Sales Tax

2026 (4) TMI 1502

Delayed VAT refund must carry statutory interest where excess tax is due and administrative excuses do not justify non-payment.

VAT / Sales Tax

2026 (4) TMI 1353

Entry tax on H.R. sheets and penalty issues remained undisturbed as delay was condoned and special leave dismissed.

VAT / Sales Tax

2026 (4) TMI 1352

Defective show cause notice defeats input tax credit reversal and penalty where the core factual basis was never addressed.

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 1652

Unilateral arbitrator appointment and estoppel in public tender contracts raised, with the Special Leave Petition dismissed.

Indian Laws

2026 (4) TMI 1651

No valid arbitration agreement means no jurisdiction; participation in proceedings does not cure the foundational defect.

Indian Laws

2026 (4) TMI 1580

Confirmed trades and agency liability: client and broker remained liable despite lack of prior written authorisation.

Indian Laws

2026 (4) TMI 1506

Arbitral award challenge by legal representatives must be filed under Section 34; supervisory and revisional routes are barred.

Indian Laws

2026 (4) TMI 1424

Statutory presumption under cheque law stood unrebutted where the security-cheque defence was not proved.

Indian Laws

2026 (4) TMI 1423

Strict compliance under cheque dishonour notice rules: demand must match the cheque amount or prosecution fails.

Indian Laws





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