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Recent Case Laws

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2026 (8) TMI 1696

Principal Bench jurisdiction: erroneous Form APL-05 entry does not prevent seamless online transfer to the appropriate State Bench.

GST

2026 (8) TMI 1695

E-way bill non-compliance may support GST detention and penalty, subject to rebuttal through owner or transporter evidence.

GST

2026 (8) TMI 1694

Alternative statutory remedies for GST registration cancellation required revocation and appeal before writ relief was pursued.

GST

2026 (8) TMI 1693

Show-cause notice specificity bars imposing a separate GST penalty on a noticee without prior proposal.

GST

2026 (8) TMI 1692

GST valuation basis cannot change at adjudication without notice and opportunity to contest the substituted rule.

GST

2026 (8) TMI 1691

GST registration cancellation requires verified statutory grounds; nil GSTR-3B turnover alone cannot establish business discontinuance or justify cancellation.

GST

2026 (8) TMI 1697

Cash sale consideration accepted under bona fide belief did not justify penalty where disclosure and co-owner parity supported relief.

Income Tax

2026 (8) TMI 1675

Interest on tax refunds after scheme settlement remains governed by final, unchallenged appellate directions, with no interference granted.

Income Tax

2026 (8) TMI 1674

Faceless assessment due process requires consideration of authenticated replies and an effective hearing before reassessment from the show-cause stage.

Income Tax

2026 (8) TMI 1673

Section 80-IE eligibility survives ownership changes during construction without splitting, reconstruction, or excessive use of old machinery.

Income Tax

2026 (8) TMI 1672

Salary TDS credit survives employer non-deposit, preventing unlawful demands and refund recovery from the employee.

Income Tax

2026 (8) TMI 1671

Refund adjustment under Section 245 permits retention only for the proposed demand; the remaining refund requires immediate release.

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 1545

Benami property exceptions protect a father's purchase in minor children's names from statutory bar and plaint rejection.

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 1630

Approved customs custodians bear duty liability for pilfered imports only during the period covered by valid approval.

Customs

2026 (8) TMI 1629

National Litigation Policy exceptions must be raised before the High Court and cannot be introduced only in a Special Leave Petition.

Customs

2026 (8) TMI 1628

Customs-clearance facilitation alone cannot create duty or penalty liability without proof of ownership, authority, or knowing misdeclaration.

Customs

2026 (8) TMI 1627

Provisional release of imported goods requires proportionate security, with declared-value duty payment and a personal bond protecting Revenue interests.

Customs

2026 (8) TMI 1626

Prospective customs amendments cannot bar provisional release consideration for imports covered by pre-commencement bills of lading.

Customs

2026 (8) TMI 1625

Customs classification requires evidence of actual imported goods, defeating unsupported reclassification and related penalty claims.

Customs

2026 (8) TMI 1616

Ministerial authorisation to present government-approved proceedings does not delegate statutory discretion, preserving attachment and disgorgement claims.

Companies Law

2026 (8) TMI 1615

Resolution plan finality bars company-law rectification claims seeking revival of extinguished pre-CIRP shareholding and membership rights.

Companies Law

2026 (8) TMI 1531

Transfer of winding-up proceedings permits rehabilitation where liquidation has not reached an irreversible stage through insolvency resolution.

Companies Law

2026 (8) TMI 1402

Interim asset-preservation status quo continues until valuation and determination of the proposed shareholder buyout are completed.

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 1452

Pre-litigation mediation exemption applies where commercial suits genuinely require urgent disclosure and asset-protection interim relief for affected investors.

SEBI

2026 (8) TMI 1401

SEBI ODR arbitration requires participation after failed conciliation while preserving jurisdictional and maintainability objections for arbitral determination.

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 1614

Disciplinary show cause notices require disclosed investigation material and fair consideration of insolvency professionals' defences.

IBC

2026 (8) TMI 1613

Resolution plan review under the IBC remains confined to statutory compliance, proven prejudice, material irregularity, and CoC commercial wisdom.

IBC

2026 (8) TMI 1612

Mortgage Priority in Liquidation: Earlier subsisting charges prevail, while untimely realisation elections bring security into the liquidation estate.

IBC

2026 (8) TMI 1530

Malicious CIRP applications cannot shield assets from creditor recovery, while penalties for fraudulent conduct must remain proportionate.

IBC

2026 (8) TMI 1529

Statutory default threshold bars corporate insolvency admission where pre-admission repayments reduce outstanding financial debt below the prescribed limit.

IBC

2026 (8) TMI 1528

Inherent powers cannot reopen final insolvency rulings to replace judicial interest with disproportionate contractual default interest.

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 1611

Prolonged undertrial detention under money-laundering law must yield to personal liberty where trial delay lacks accused fault.

Money Laundering

2026 (8) TMI 1522

Property-specific money-laundering findings are required before continued freezing; investigative necessity alone cannot justify retaining assets.

Money Laundering

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 1610

Redemption fine under excise rules must be excluded when calculating payable amounts under the legacy dispute resolution scheme.

Service Tax

2026 (8) TMI 1609

Construction of independent homes escapes complex service tax where statutory common-area and common-facility requirements remain unproved.

Service Tax

2026 (8) TMI 1608

Business Support Service charges for export certifications remain taxable when retained by autonomous bodies rather than paid as statutory levies.

Service Tax

2026 (8) TMI 1607

Statutory development authorities remain taxable on commercial land leasing and sports-complex membership receipts collected as consideration.

Service Tax

2026 (8) TMI 1606

Transfer of right to use requires exclusive legal control; dialysis equipment leasing remained a taxable declared service.

Service Tax

2026 (8) TMI 1605

Joint operating agreement cost sharing is not taxable service without independent consideration or a provider-recipient relationship.

Service Tax

2026 (8) TMI 1596

Restoration after prolonged unexplained delay fails where statutory pre-deposit defects remain unrectified and no basis for interference arises.

Central Excise

2026 (8) TMI 1595

Rule 25 penalty requires duty evasion conditions and does not follow from incorrect buyer invoice particulars.

Central Excise

2026 (8) TMI 1594

Outward freight valuation confines excise duty to proven FOR sales and defeats extended limitation amid interpretative uncertainty.

Central Excise

2026 (8) TMI 1593

Cenvat credit documentation defects do not defeat verified genuine credit, and audit-based reversals may support independent refund claims.

Central Excise

2026 (8) TMI 1592

Clandestine removal and related-person valuation require corroborated evidence, mutuality of interest, and proof of commercial interdependence.

Central Excise

2026 (8) TMI 1591

Captive use of fermentation CO2 does not create excise liability without manufacture and marketability requirements.

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 1589

Compound rubber as a finished product remains eligible for sales-tax exemption despite exclusion of chemical treatment of raw rubber.

VAT / Sales Tax

2026 (8) TMI 1500

Return of deposited interest required after review dismissal, with the State directed to refund the amount within eight weeks.

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 1588

Cheque presumptions support friendly-loan recovery where execution is admitted and rebuttal evidence, notice, jurisdiction and interest challenges fail.

Indian Laws

2026 (8) TMI 1450

Service-rule amendment power includes rescission, while non-tabling without prescribed consequences does not invalidate an otherwise valid promotion-rule change.

Indian Laws

2026 (8) TMI 1393

Transparent technical evaluation requires disclosed benchmarks and recorded reasons; unexplained scoring invalidates procurement awards and requires fresh tendering.

Indian Laws

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


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