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Recent Case Laws

View All
2026 (6) TMI 1495

GST section 74 requires only prima facie record-based jurisdictional facts, not a verbatim repetition of reasons in the notice

GST

2026 (6) TMI 1494

Writ remedy and limitation under GST: bona fide rectification time can be excluded before treating an appeal as time-barred.

GST

2026 (6) TMI 1493

CGST cancellation and revocation orders must give particulars and reasons; non-speaking rejection is liable to be quashed.

GST

2026 (6) TMI 1492

GST registration cancellation requires a speaking order and reasons; procedural illegality can outweigh delay in seeking relief.

GST

2026 (6) TMI 1491

GST cancellation notice service failure and natural justice breach can invalidate ex parte cancellation orders.

GST

2026 (6) TMI 1490

GST registration cancellation must follow proper notice and reasons; procedural defects and natural justice violations can override delay.

GST

2026 (6) TMI 1487

Book profit under MAT excludes Section 14A Rule 8D disallowance, as binding precedent bars the addition.

Income Tax

2026 (6) TMI 1486

Section 68 share capital additions fail when primary evidence is credible and subscriber funds are already taxed.

Income Tax

2026 (6) TMI 1485

Operating income in transfer pricing, interest deduction on subsidiary funding, and premature penalty challenge shape the ITAT outcome.

Income Tax

2026 (6) TMI 1484

Cash deposits linked to business receipts taxed only at a reasonable profit element, with addition restricted to 10%.

Income Tax

2026 (6) TMI 1483

Unexplained investment and stamp-duty difference additions require verification of share, funding source and valuation basis; cash deposits explained.

Income Tax

2026 (6) TMI 1482

Charitable trust approval under section 80G upheld where welfare objects and genuine activities outweighed incidental surplus concerns.

Income Tax

2026 (6) TMI 594

Alternate remedy in benami proceedings: writ challenges to notices and provisional attachment were withdrawn with liberty to approach the adjudicating authority.

Benami Property

2026 (6) TMI 197

Review order under benami law not separately appealable; Tribunal's restoration of appeals upheld as barred by civil procedure rules.

Benami Property

2026 (6) TMI 196

Benami transaction proved by unexplained funds and admitted use of another's name; provisional attachment upheld.

Benami Property

2026 (5) TMI 936

Unexplained cash and benami property rules: tribunal holds income-tax filing readiness does not bar PBPT Act proceedings.

Benami Property

2026 (5) TMI 711

Benami transaction law applies to continued holding of property after amendment; provisional attachment upheld.

Benami Property

2026 (5) TMI 660

Benami property inference sustained where unexplained cash routing and insufficient income failed to rebut the source of consideration

Benami Property

2026 (6) TMI 1481

Customs release conditions cannot override a criminal court's bond order for seized vehicle release.

Customs

2026 (6) TMI 1480

Anti-dumping scope turns on Product Under Consideration, and compact laser engraving machines were found outside the notification.

Customs

2026 (6) TMI 1479

Laser-marked rough diamonds classified as worked goods and denied rough diamond exemption under customs notification

Customs

2026 (6) TMI 1478

Strict customs exemption for DSIR-registered research institutions covers research-stage consumables, but not Exhibit Batch manufacturing imports.

Customs

2026 (6) TMI 1477

Tariff classification of Corinthian Raisin as raisins secures concessional duty treatment under the customs notification.

Customs

2026 (6) TMI 1433

Cenvat credit reversal before use treated as non-availment; appeal disposed of for low tax effect.

Customs

2026 (6) TMI 1428

Subrogation and debt assignment in winding-up: surety rights are limited to proved payment, while assignee rights follow the assigned debt.

Companies Law

2026 (6) TMI 1427

Order VII Rule 11 threshold: disputed facts, limitation, and civil jurisdiction could not defeat a triable plaint.

Companies Law

2026 (6) TMI 1374

Look Out Circulars must rest on specific material and lawful authority; routine commercial default alone is insufficient.

Companies Law

2026 (6) TMI 1307

Appeal from consent order under Companies Act may lie where punitive terms were not consented to and interim protection continued.

Companies Law

2026 (6) TMI 1238

Mandatory strike-off procedure and correct CIN notice are essential; invalid Gazette reliance rendered the company's removal void.

Companies Law

2026 (6) TMI 1155

NCLT jurisdiction bars civil suits where oppression and mismanagement relief can cover access to company records and injunctions.

Companies Law

2026 (6) TMI 717

Statutory appeal bars writ challenge to SEBI IPO approval; petitioner must use the appellate remedy instead.

SEBI

2026 (6) TMI 457

Insider trading and delayed disclosure under the PIT Regulations: SAT relief on trading findings, with penalty sustained for late reporting.

SEBI

2026 (6) TMI 14

PFUTP fraud and hedging principles: excess derivative positions were not manipulative, but disclosure breach remained

SEBI

2026 (6) TMI 1373

Negative futures settlement rates upheld where contract adopted external benchmark and writ relief could not rewrite final settlements.

SEBI

2026 (5) TMI 1383

Impleadment of minority shareholders upheld where the writ outcome directly affected their independent interest.

SEBI

2026 (5) TMI 1036

Maintainability of SCORES-based relief claims: monetary compensation beyond tribunal jurisdiction, with other remedies left open.

SEBI

2026 (6) TMI 1476

Difference of opinion on interim CIRP stay led to reference before NCLAT Chairperson, with no final ruling on maintainability.

IBC

2026 (6) TMI 1426

CIRP stay dispute over electricity law restrictions and corporate guarantee validity led to a difference of opinion and reference.

IBC

2026 (6) TMI 1372

Clean slate principle bars recovery of pre-CIRP electricity dues and surcharge as a condition for reconnection.

IBC

2026 (6) TMI 1306

Premature challenge to resolution plan reconsideration rejected where no crystallised cause of action was shown.

IBC

2026 (6) TMI 1237

Deemed conveyance under MOFA survives insolvency moratorium; statutory duty to convey title must still be decided on merits.

IBC

2026 (6) TMI 1236

IBC clean-slate protection and later decriminalisation barred continuation of prosecution for pre-CIRP environmental violations.

IBC

2026 (6) TMI 802

Sanctions compliance scrutiny by authorised dealer bank upheld where disclosures raised serious transaction-risk concerns.

FEMA

2026 (6) TMI 801

FEMA residence test under Section 2(v) kept immovable property and remittance transactions outside regulatory violations.

FEMA

2026 (6) TMI 184

Foreign security under FEMA includes transferable subscription rights, and seizure is limited to the equivalent value in India.

FEMA

2026 (6) TMI 1371

FEMA contravention does not automatically void a sale deed; civil court relief was barred on the same issue.

FEMA

2026 (6) TMI 1106

Jurisdiction under repealed foreign exchange law failed where specific empowerment was absent for issuing show cause notices.

FEMA

2026 (6) TMI 1016

Review jurisdiction cannot reopen FEMA merits when statutory remedies remain available and no apparent error is shown.

FEMA

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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

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 (6) TMI 1305

Inherent powers cannot quash a prima facie criminal and PMLA case where disputed facts and evidence require trial.

Money Laundering

2026 (6) TMI 1304

PMLA initiation requires recorded satisfaction and cannot be compelled by mandamus merely on an alleged predicate offence.

Money Laundering

2026 (6) TMI 1303

Confirmed PMLA attachment cannot be challenged in writ when statutory remedy before the Special Court is available.

Money Laundering

2026 (6) TMI 1302

Provisional attachment under PMLA yields to a Supreme Court restitution scheme for PACL assets, with matters remitted to the Lodha Committee.

Money Laundering

2026 (6) TMI 1235

PMLA regular bail: bare association and uncorroborated links were insufficient, and prolonged custody favoured release.

Money Laundering

2026 (6) TMI 1015

PMLA arrest power requires fresh, objective material; stale or recycled suspicion cannot justify arrest under Section 19.

Money Laundering

2026 (6) TMI 1475

Pre-2016 mining lease payments were outside service tax net, as later payment could not create reverse charge liability.

Service Tax

2026 (6) TMI 1474

Sale of electricity and refundable maintenance deposits were held outside service tax valuation under the CESTAT ruling.

Service Tax

2026 (6) TMI 1473

Condonation of delay requires a full and credible explanation; unsupported illness and ignorance claims will not defeat limitation.

Service Tax

2026 (6) TMI 1472

Composite contract treated as works contract; abatement allowed and service tax demand set aside on contractual evidence.

Service Tax

2026 (6) TMI 1471

Extended limitation for Service Tax demand rejected where returns were filed and no suppression or wilful misstatement was shown.

Service Tax

2026 (6) TMI 1425

CENVAT credit on service tax for deposit insurance premium cannot be denied merely because invoices were issued later.

Service Tax

2026 (6) TMI 1470

Penalty and interest under Central Excise rejected where exemption notification allowed competing interpretations and mandatory conditions were not met.

Central Excise

2026 (6) TMI 1419

No suppression of facts defeats extended limitation and penalty where the assessee had disclosed the classification and exemption claim.

Central Excise

2026 (6) TMI 1418

Penalty for exemption-notification disputes fails absent intent to evade duty, even when duty liability is remanded.

Central Excise

2026 (6) TMI 1417

CENVAT credit on GTA services cannot be denied where service tax payment is proved by reliable documentary evidence.

Central Excise

2026 (6) TMI 1359

Revenue deposits under protest attract interest from the date of deposit, with equitable 12% per annum applied on refund.

Central Excise

2026 (6) TMI 1358

Refund of excise duty paid under protest attracts Section 11B, with interest payable only after three months under Section 11BB.

Central Excise

2026 (6) TMI 1416

Actual tax paid governs penalty, while interest continues on delayed or unpaid tax balances under the sales tax regime.

VAT / Sales Tax

2026 (6) TMI 1415

Substantial justice justified condonation of delay where internal approvals delayed filing and merits required consideration.

VAT / Sales Tax

2026 (6) TMI 1355

Refund claims cannot be barred by extra document demands or delegated limitation where the parent VAT statute grants the right.

VAT / Sales Tax

2026 (6) TMI 1293

Residuary tax entry applied where moulds and dies could not qualify as capital goods without in-State use.

VAT / Sales Tax

2026 (6) TMI 1224

Jurisdictional precondition for VAT search notices requires pending proceedings and recorded satisfaction; absent both, notices fail.

VAT / Sales Tax

2026 (6) TMI 1149

Refund claims under VAT law must be decided by the competent authority, with statutory interest payable if entitlement is established.

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 (6) TMI 1469

Cheque dishonour presumptions under NI Act upheld as security cheque defence failed in revision.

Indian Laws

2026 (6) TMI 1468

Dishonoured cheque liability under the NI Act upheld where statutory presumptions were not rebutted and revision found no interference ground.

Indian Laws

2026 (6) TMI 1467

Premium receipt before accident fixes insurer risk date, so later policy commencement cannot defeat liability.

Indian Laws

2026 (6) TMI 1466

Territorial writ jurisdiction and binding court directions required statutory authorities to implement Bombay High Court orders.

Indian Laws

2026 (6) TMI 1414

SARFAESI jurisdiction bar limits civil suits challenging enforcement measures; statutory remedies before DRT and tribunal must be used.

Indian Laws

2026 (6) TMI 1413

Pleadings and residue-sale claims under SARFAESI were not shown to be frivolous or barred, the HC noted.

Indian Laws





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