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Recent Case Laws

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2026 (8) TMI 1392

Statutory GST appeal remedy restricts writ challenges, requiring show-cause notice objections before the Appellate Authority.

GST

2026 (8) TMI 1391

GST appellate limitation allows exclusion for bona fide rectification proceedings but not condonation beyond the statutory outer limit.

GST

2026 (8) TMI 1390

Anticipatory bail in fake GST registration fraud refused due to technical evidence, non-cooperation, and need for custodial interrogation.

GST

2026 (8) TMI 1389

AI-generated legal research requires independent verification before quasi-judicial use; defective orders require fresh, reasoned adjudication after notice.

GST

2026 (8) TMI 1388

Transitional SGST refund requires proven Electronic Credit Ledger entry, while expired appeal limitation ordinarily bars writ challenges.

GST

2026 (8) TMI 1387

Passport renewal for a bail accused cannot be curtailed without justified absconding risk; regular validity remains subject to travel conditions.

GST

2026 (8) TMI 1360

Unexplained cash credit provisions cannot assess an earlier-year advance as income in a later assessment year.

Income Tax

2026 (8) TMI 1359

Specific penalty charge in statutory notice is mandatory; an unspecified concealment or inaccurate-particulars notice invalidates penalty proceedings.

Income Tax

2026 (8) TMI 1358

Reassessment initiation requires only prima facie income escapement, while loan genuineness and taxpayer evidence await substantive reassessment proceedings.

Income Tax

2026 (8) TMI 1357

Section 12AB registration requires a fair opportunity to substantiate lease evidence, rent expenditure and genuine charitable activities.

Income Tax

2026 (8) TMI 1356

Delayed Form 10B filing does not bar charitable exemption when submitted with the return before processing.

Income Tax

2026 (8) TMI 1355

Misreporting penalty requires reasoned assessment of bona fide explanation and full disclosure before enhanced rates can apply.

Income Tax

2026 (8) TMI 818

Benami property attachment sustained where alleged loan consideration lacked credible proof, traceable lenders, and explained funding sources.

Benami Property

2026 (8) TMI 817

Benami property transactions arise where beneficial ownership funds acquisitions and ostensible owners cannot prove independent means or genuine loans.

Benami Property

2026 (8) TMI 439

Benami ownership requires proof of consideration and beneficial ownership, with cross-examination required for retracted foundational statements.

Benami Property

2026 (8) TMI 438

Provisional attachment requires evidence of alienation risk; prior Income Tax Department custody made attachment unsustainable.

Benami Property

2026 (8) TMI 347

Benami share ownership established by routed consideration, but freezing shares outside identified attachment proceedings was invalid.

Benami Property

2026 (8) TMI 1327

Benami transaction definition requires owner's lack of knowledge; acknowledged share allotment and buy-back consideration defeated the statutory claim.

Benami Property

2026 (8) TMI 1326

Accrued SEIS benefits cannot be retrospectively curtailed by Foreign Trade Policy notifications affecting completed eligible service exports.

Customs

2026 (8) TMI 1325

Redemption of confiscated foreign currency requires judicious discretion, not automatic refusal merely because the goods are prohibited.

Customs

2026 (8) TMI 1324

Aluminium profile classification remains under the specific heading when cut lengths retain uniform cross-section and profile characteristics at import.

Customs

2026 (8) TMI 1323

Personal-use keyboard imports under a free tariff entry cannot be reclassified as dutiable goods under personal-import provisions.

Customs

2026 (8) TMI 1322

Preferential origin verification requires certificate-specific inquiry; general allegations cannot justify denial of customs-duty benefits or consequential penalties.

Customs

2026 (8) TMI 1321

Knowledge of offending imported goods is essential for enhanced customs penalty; improper storage instead attracts residual liability.

Customs

2026 (8) TMI 935

Conditional creditor consent requires scrutiny before revival scheme approval, ensuring informed assent, fairness, and valid statutory majority support.

Companies Law

2026 (8) TMI 806

Invoice recovery limitation remains unaffected by winding-up proceedings, while valid partnership registration preserves capacity to sue.

Companies Law

2026 (8) TMI 1316

Condonation of filing delay enabled restoration of a company appeal for merits-based decision by the High Court.

Companies Law

2026 (8) TMI 1148

Contractual forfeiture in e-auctions requires fresh examination of loss, deposit terms, and the permissible forfeiture amount.

Companies Law

2026 (8) TMI 1080

Impracticability in convening shareholder meetings requires concrete proof before exceptional Tribunal intervention can override ordinary corporate mechanisms.

Companies Law

2026 (8) TMI 1005

Review jurisdiction requires an apparent error or valid reconsideration ground; absence of either results in dismissal of review petition.

Companies Law

2026 (8) TMI 934

Associate-company and related-party definitions prevail over accounting indicators, defeating fraud, consolidation and disclosure allegations without proof of control.

SEBI

2026 (8) TMI 863

Material event disclosure requires conspicuous reporting of terminated acquisition agreements; a footnote in financial results is insufficient.

SEBI

2026 (8) TMI 1231

SCORES complaint appeals cannot secure civil monetary relief before the Tribunal; alternative legal remedies remain available to aggrieved parties.

SEBI

2026 (8) TMI 1147

RTI disclosure limits: public authorities need not obtain private-body information unavailable in their records solely to answer requests.

SEBI

2026 (8) TMI 1146

Securities-market debarment relief permits approved preferential warrants and ordinary mutual-fund transactions while preserving the underlying debarment.

SEBI

2026 (8) TMI 1004

Front-running prosecutions must follow the specialised securities-law complaint procedure and cannot bypass it through a general criminal FIR.

SEBI

2026 (8) TMI 1315

Interim moratorium for personal guarantors ceases in pending insolvency proceedings, restoring creditor recovery remedies during pre-admission stages.

IBC

2026 (8) TMI 1314

Financial debt and qualifying default support CIRP admission despite disputed interest, partial payment, and inapplicable statutory protection.

IBC

2026 (8) TMI 1230

Statutory appellate remedy before NCLAT generally bars writ challenges to NCLT orders absent sufficient grounds for bypassing it.

IBC

2026 (8) TMI 1229

Regulatory fees in insolvency may form process costs when expressly authorised and broadly connected to regulatory functions.

IBC

2026 (8) TMI 1228

Parallel insolvency recovery permits liquidators to pursue receivables while depositor-protection investigations retain control over offence-linked assets.

IBC

2026 (8) TMI 1227

Homebuyer refund election ends continuing allottee status, preventing financial-creditor recognition for insolvency proceedings under the Code.

IBC

2026 (8) TMI 801

Equivalent-value property seizure under FEMA may proceed on prima facie evidence of unauthorised overseas fund transfers.

FEMA

2026 (8) TMI 165

Proof of actual software receipt is required for foreign-exchange remittances; authorised company officers remain liable without due diligence.

FEMA

2026 (8) TMI 164

Foreign-exchange compliance breaches in share transfers and escrow security arrangements sustained, while chairman's residential-status charge failed.

FEMA

2026 (8) TMI 106

Company officer liability for neglected export-proceeds compliance retained, while monetary penalty was reduced to the pre-deposit.

FEMA

2026 (7) TMI 1950

Current account treatment for definite tournament services removes most foreign-exchange contraventions, but excess remittance and delayed repatriation remain liable.

FEMA

2026 (7) TMI 1854

Statutory penalty ceilings preserve adjudicatory discretion; enhancement requires proof that the imposed penalty was improperly or disproportionately low.

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 (8) TMI 1313

Disproportionate assets can constitute proceeds of crime, supporting attachment when projected as untainted property under money-laundering law.

Money Laundering

2026 (8) TMI 1226

PMLA bail proceedings permit fresh merits consideration after timely surrender despite dismissal of challenge to High Court order.

Money Laundering

2026 (8) TMI 1225

Subsisting scheduled offence requirement prevents PMLA action from continuing after predicate proceedings close without lawful revival.

Money Laundering

2026 (8) TMI 1224

Anticipatory bail in money-laundering probes may be denied where prima facie involvement, non-cooperation, and custodial interrogation needs persist.

Money Laundering

2026 (8) TMI 1223

Money-laundering complaint requires departmental consideration and communication, without a court-imposed deadline or merits determination.

Money Laundering

2026 (8) TMI 1222

Mandatory PMLA bail conditions cannot be bypassed through parity or investigation cooperation, making unsupported bail unsustainable.

Money Laundering

2026 (8) TMI 1312

Collective investment scheme classification excluded service tax on holiday scheme membership services, rendering related demands and penalties unsustainable.

Service Tax

2026 (8) TMI 1311

Sabka Vishwas discharge certificates require manual examination where declared tax payment is established and remains undisputed.

Service Tax

2026 (8) TMI 1310

CENVAT credit on telecast fees remains available where free commercial slots directly support taxable advertising services.

Service Tax

2026 (8) TMI 1309

Works contract composition option remains irrevocable, but service-tax rates change with the applicable point of taxation during performance.

Service Tax

2026 (8) TMI 1308

Pre-levy mining leases: royalty paid after Government services became taxable remained outside service tax where mining rights were granted earlier.

Service Tax

2026 (8) TMI 1307

Rent-a-cab taxation excludes per-kilometre bus operations where owners retain possession, supervision and operational control throughout service delivery.

Service Tax

2026 (8) TMI 1305

Steel tubular transmission pole classification under tubes and pipes confirms duty demand was not a retrospective levy.

Central Excise

2026 (8) TMI 1304

Unjust enrichment does not bar excise-duty refunds where pre-declared discounts reduce value and duty incidence remains with the assessee.

Central Excise

2026 (8) TMI 1303

Pre-amendment CENVAT credit remained available for duty-paid inputs from area-based exempt units without an express prohibition.

Central Excise

2026 (8) TMI 1302

CENVAT credit on duty-paid fish oil remains available to buyers despite the supplier claiming concessional excise duty.

Central Excise

2026 (8) TMI 1212

CENVAT credit supported by invoices, stock records and payment evidence cannot be denied on uncorroborated supplier material alone.

Central Excise

2026 (8) TMI 1211

Input service credit for factory setup survives deletion of the inclusive phrase unless a specific construction exclusion applies.

Central Excise

2026 (8) TMI 914

VAT and sales tax litigation reached the Supreme Court without disclosed underlying statutory or factual issues.

VAT / Sales Tax

2026 (8) TMI 913

Rectification jurisdiction cannot recall a final revision order to secure merits rehearing on allegedly undecided issues.

VAT / Sales Tax

2026 (8) TMI 849

Petroleum-product classification includes Hydraulic Oil as a taxable consumable, while reassessment conditions for escaped turnover remain satisfied.

VAT / Sales Tax

2026 (8) TMI 1301

Fresh assessment appeals require separate Legal Benefit Fund court fees after remand, without adjustment of earlier appeal fees.

VAT / Sales Tax

2026 (8) TMI 1300

Post-inspection revised returns may mitigate additions but cannot negate materially established purchase, sales, and turnover suppression.

VAT / Sales Tax

2026 (8) TMI 1134

Statutory interest on delayed refunds remains payable after principal refund release and must be quantified and released.

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 (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

2026 (8) TMI 1208

Cheating and conspiracy require proven dishonest inducement and prior agreement; suspicion or association alone cannot sustain criminal liability.

Indian Laws

2026 (8) TMI 1207

SARFAESI remedy before the Tribunal prevails, while disputed settlement terms cannot be enforced through writ jurisdiction.

Indian Laws

2026 (8) TMI 1133

Personal insolvency moratorium does not halt cheque dishonour prosecution of directors for corporate debt under statutory vicarious liability.

Indian Laws

2026 (8) TMI 1132

Inherent jurisdiction cannot decide disputed cheque-dishonour defences when statutory presumptions apply and trial evidence has substantially progressed.

Indian Laws

2026 (8) TMI 1061

NDPS commercial-quantity bail requires strict twin-condition compliance, reinforced by targeted verification and monitoring safeguards for foreign nationals.

Indian Laws

2026 (8) TMI 1060

Disciplinary inquiry delays do not void proceedings without express abatement or proven prejudice; specific charges require evidentiary inquiry.

Indian Laws


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