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Recent Case Laws

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2026 (8) TMI 513

Interest computation and Electronic Cash Ledger representations require reasoned determination before garnishee-based coercive tax recovery proceeds.

GST

2026 (8) TMI 512

GST search safeguards require specific authorisation and voluntary payment protections; procedurally defective search remained uninvalidated in these proceedings.

GST

2026 (8) TMI 511

Validity of inspection authorisation determines document retention; withdrawn authority requires immediate return of materials obtained during inspection.

GST

2026 (8) TMI 510

Statutory GST appellate remedy bars writ challenge absent proven prejudice or exceptional circumstances requiring constitutional court intervention.

GST

2026 (8) TMI 509

Statutory rectification mechanism remains available to correct an assessment order before the Proper Officer after writ disposal.

GST

2026 (8) TMI 508

GST registration restoration for genuine address discrepancies permits resumed lawful operations subject to payment of applicable charges and penalties.

GST

2026 (8) TMI 489

Reasonable apprehension of bias invalidates candidature rejection where a conflicted officer participates in the selection process.

Income Tax

2026 (8) TMI 488

Valuation after book rejection requires State PWD rates over CPWD rates; the High Court view remained undisturbed.

Income Tax

2026 (8) TMI 487

Provision for discount deductibility remains legally open after the special leave petition was not entertained.

Income Tax

2026 (8) TMI 486

Capital-gains character of flat sales prevailed where investment intent and absence of regular real-estate trading were established.

Income Tax

2026 (8) TMI 485

Project-specific government grants remain non-taxable, related interest is deductible, and inactive assets within a used block retain depreciation.

Income Tax

2026 (8) TMI 484

Post-demerger financial statements require fresh assessment consideration, with revision proceedings set aside for independent adjudication.

Income Tax

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

Apprehended alienation is essential for provisional attachment when seized assets remain beyond the alleged holder's control.

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 346

Benami property attachment requires verified funding, control, and transaction evidence; incomplete investigation led to remand for reinvestigation.

Benami Property

2026 (8) TMI 256

Benami transaction threshold requires plaint averments and annexures to plainly disclose a statutory benami arrangement before rejection.

Benami Property

2026 (8) TMI 255

Benami routing through RTGS credits sustained attachment where alleged gold sales lacked independent evidence and cross-examination caused no prejudice.

Benami Property

2026 (8) TMI 437

Advance ruling invalidation: interim stay refused because it would revive a ruling voided following findings of material misrepresentation.

Customs

2026 (8) TMI 436

Provisional release representations require notice, hearing and a reasoned customs decision while seizure merits remain open.

Customs

2026 (8) TMI 435

Statutory customs adjudication takes priority as gold seizure challenges await a reasoned decision after fair hearing.

Customs

2026 (8) TMI 434

Transaction value protection invalidates uniform loading, unsupported undervaluation demands, extended limitation, and retention of seized funds.

Customs

2026 (8) TMI 433

Contemporaneous representative testing prevails where an unexplained delayed re-test cannot reliably displace export quality evidence.

Customs

2026 (8) TMI 432

Customs transaction value requires importer-specific proof of undervaluation; unsupported residual-method enhancement and consequential liabilities cannot stand.

Customs

2026 (8) TMI 427

Unpaid security-service claims may be submitted for consideration through the ongoing corporate insolvency resolution process.

Companies Law

2026 (8) TMI 246

Director standing and civil court jurisdiction shape interim relief in corporate governance and oppression disputes.

Companies Law

2026 (8) TMI 245

Article 227 supervision cannot pre-empt NCLT rulings on execution jurisdiction, maintainability, or executability while Supreme Court appeals remain pending.

Companies Law

2026 (8) TMI 167

Professional certification alone does not establish criminal liability without evidence of knowing falsity, connivance, and timely prosecution.

Companies Law

2026 (8) TMI 166

Corporate fraud and share-transfer disputes require company-law remedies where factual investigation and no distinct public law element arise.

Companies Law

2026 (8) TMI 109

Unadjudicated pleadings do not determine statutory status, while mandamus requires prior demand and demonstrated refusal of mandatory duty.

Companies Law

2026 (7) TMI 846

Public duty in stock exchange governance may bring senior officers within anti-corruption law, subject to factual determination.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes precluded writ jurisdiction where arbitration and exchange grievance mechanisms remained uninvoked.

SEBI

2026 (7) TMI 1607

Suspension of securities-law sentences continues pending appeal, with deposit deadline extended and surrender deferred for one month.

SEBI

2026 (7) TMI 1606

Suspension of securities-law sentences granted pending appeals where statutory penalties, repeat prosecution, fines, and directorship remained arguable.

SEBI

2026 (7) TMI 1372

Subsidiary status requires statutory shareholding or board-control conditions; financial support and business arrangements alone cannot establish the relationship.

SEBI

2026 (7) TMI 1135

Pre-cognizance hearing rights apply before SEBI Special Courts take cognizance of complaints under the procedural framework.

SEBI

2026 (8) TMI 426

Insolvency jurisdiction covers directions requiring suspended directors to assist in identifying and recovering leased corporate debtor assets.

IBC

2026 (8) TMI 425

Insolvency professional replacement remains CoC-controlled, with tribunal intervention limited to exceptional circumstances not established on these facts.

IBC

2026 (8) TMI 338

CIRP moratorium asset restoration can proceed independently of fraudulent trading findings, preserving the corporate debtor's insolvency estate.

IBC

2026 (8) TMI 244

Extinguished arbitral award claims cannot be revived after resolution plan approval, while court-held security remains the corporate debtor's asset.

IBC

2026 (8) TMI 243

Interim moratorium exclusion permits asset disclosure and preservation measures against personal guarantors pending arbitration under amended insolvency regime.

IBC

2026 (8) TMI 242

Pre-existing dispute and full settlement barred continuation of operational creditor insolvency proceedings after all creditor claims were discharged.

IBC

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 1550

Mandatory opportunity notice and speedy trial protections can invalidate delayed foreign-exchange prosecutions despite available criminal revision.

FEMA

2026 (7) TMI 1459

Exclusive supply and customer incentive arrangements require proof of actual foreclosure or denied market access to breach 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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

Law of Competition

2026 (8) TMI 424

Provisional attachment powers require reason to believe property represents proceeds of crime; special leave petitions were dismissed.

Money Laundering

2026 (8) TMI 423

Article 226 judicial review permits challenge to an ECIR and consequential money-laundering action despite its internal administrative character.

Money Laundering

2026 (8) TMI 337

Closure report jurisdiction rests with the filing court, while concluded proceedings do not by themselves bar investigation or trial.

Money Laundering

2026 (8) TMI 336

Writ review of money-laundering attachment remains exceptional; predicate-offence and proceeds quantification disputes belong in statutory proceedings.

Money Laundering

2026 (8) TMI 163

PMLA regular bail requirements remained unmet as the scheduled offence subsisted; petition dismissed with liberty to renew before trial court.

Money Laundering

2026 (8) TMI 162

Regular bail in money-laundering proceedings declined amid allegations of tender-related misuse and diversion of public funds.

Money Laundering

2026 (8) TMI 422

Indivisible turnkey ATM contracts could not be split to tax integral installation and commissioning under the earlier service tax framework.

Service Tax

2026 (8) TMI 421

Residential complex service tax was inapplicable before July 2010, while disclosed compliance defeated extended limitation and related demands.

Service Tax

2026 (8) TMI 420

Taxable service identification is essential: return discrepancies and unbilled revenue alone cannot sustain a service-tax demand.

Service Tax

2026 (8) TMI 419

Taxability of mining rights depends on lease assignment date, excluding later service tax on post-levy royalty payments.

Service Tax

2026 (8) TMI 418

Government construction exemptions require proven non-commercial use, an eligible government recipient, and strict compliance with contract-date conditions.

Service Tax

2026 (8) TMI 335

Works contract valuation requires isolating the taxable service element and reasoned findings on reverse-charge eligibility before assessment.

Service Tax

2026 (8) TMI 417

Non-interference with CESTAT orders results in dismissal of central excise civil appeals by the Supreme Court.

Central Excise

2026 (8) TMI 416

Manufacture requires a distinct new product; latex dilution, preservation and repacking did not trigger fresh excise duty.

Central Excise

2026 (8) TMI 415

Input service credit covers fly ash extraction, handling and inward transport when these services support cement manufacture.

Central Excise

2026 (8) TMI 328

Manufacture requires a new marketable article; customer-specific grouping and plugging of imported photocopier modules does not qualify.

Central Excise

2026 (8) TMI 327

Purchaser liability for coal cess and confiscation penalties depends on producer status and proven knowledge of confiscation risk.

Central Excise

2026 (8) TMI 326

Cenvat credit on proforma invoices remains available when prescribed particulars and tax payment are established; extended limitation fails without suppression.

Central Excise

2026 (8) TMI 414

Form-38 correction-marker irregularity cannot sustain penalty absent evidence of tax evasion or attempted evasion for non-resale machinery imports.

VAT / Sales Tax

2026 (8) TMI 324

Arbitration clause bars Article 226 route for contractual differential tax recovery, requiring the payment dispute to proceed before arbitrator.

VAT / Sales Tax

2026 (8) TMI 323

Transfer of right to use identifiable payment terminals attracts VAT despite supplier ownership, maintenance duties and operational controls.

VAT / Sales Tax

2026 (8) TMI 322

VAT composition liability follows registered property sales, preventing tax on construction-stage advances contrary to binding advance rulings.

VAT / Sales Tax

2026 (8) TMI 321

Incomplete Form 38 entries alone cannot justify a transit-goods penalty without additional material supporting an adverse inference.

VAT / Sales Tax

2026 (8) TMI 233

Revisional powers cannot reopen final assessments on changed opinion; non-imported certified sowing seeds remain purchase-tax exempt.

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 413

Article 32 quashing requires exceptional circumstances, while distinct cyber-fraud transactions may remain subject to separate FIR investigations.

Indian Laws

2026 (8) TMI 412

Authorised representation in cheque dishonour complaints remains valid despite technical cause-title sequencing of the society and its Secretary.

Indian Laws

2026 (8) TMI 320

Corporate cheque dishonour liability requires arraigning the company; later addition cannot cure a defective complaint against its signatory.

Indian Laws

2026 (8) TMI 319

Same-transaction test permits one FIR for conspiracy-linked cheating, while joint trial depends on factual nexus between alleged acts.

Indian Laws

2026 (8) TMI 231

Cheque execution presumptions require cogent rebuttal, while revisional review cannot replace concurrent factual findings through fresh evidence assessment.

Indian Laws

2026 (8) TMI 149

Cheque dishonour liability excludes non-signatory family members of sole proprietorships without a legally recognised basis for vicarious liability.

Indian Laws


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