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Recent Case Laws

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2026 (3) TMI 144

Natural justice: failure to afford feasible personal hearing vitiates GST assessment; matter remanded for fresh consideration after hearing.

GST

2026 (3) TMI 143

Rectification under Section 161 must be considered and disposed of on merits within thirty days; tax demand not adjudicated.

GST

2026 (3) TMI 142

Transaction Value Adjustment for Post Contractual Trade Discounts: prima facie invalidity flagged; recovery stayed subject to deposit.

GST

2026 (3) TMI 141

Exclusion of limitation period requires recalculation of refund limitation and fresh adjudication with hearing and reasoned order.

GST

2026 (3) TMI 140

Effective service and personal hearing are essential; failed electronic service mandates alternative modes and remand with conditional payment.

GST

2026 (3) TMI 139

Effective service of notices: portal-only service without personal hearing vitiates assessment; matter remitted subject to conditions.

GST

2026 (3) TMI 138

Service on a non existing entity invalidates assessments where notices or orders name the dissolved transferor.

Income Tax

2026 (3) TMI 137

Registration under Section 12AA does not confer Section 80G benefits; 80G conditions must be satisfied independently year by year.

Income Tax

2026 (3) TMI 136

Registration under Section 12AA: long standing grant left undisturbed; Revenue may seek withdrawal only after due process.

Income Tax

2026 (3) TMI 135

Time-bar for reassessment: compute surviving limitation excluding stayed periods and response time; late notices invalid.

Income Tax

2026 (3) TMI 134

Assessment validity compromised where cancelled sale deeds and reversal entries show no true accrual; reassessment quashed.

Income Tax

2026 (3) TMI 133

Cash payment reporting duty: Sub Registrar must inform tax authorities before FIR; respondent ordered to file counter affidavit.

Income Tax

2026 (2) TMI 795

Benami Transaction Definition expanded to include continued holding post amendment, capturing pre amendment transfers where consideration paid by another.

Benami Property

2026 (2) TMI 1352

Benami Transactions confirmed; provisional attachment upheld while beneficial owner identity is referred for limited reinvestigation.

Benami Property

2026 (2) TMI 1293

Benami transaction: proof of consideration and control by beneficial owner upholds provisional attachment and dismisses appeals.

Benami Property

2026 (2) TMI 1292

Fiduciary exception rejected; provisional attachment under benami law affirmed where transfers were one way unaccounted accommodation entries.

Benami Property

2026 (2) TMI 1225

Benami property jurisdiction: IBC tribunals lack power to challenge Benami Act attachment; such assets fall outside the liquidation estate.

Benami Property

2026 (2) TMI 1174

Benami property verification: insufficient hallmark and invoice evidence defeated provisional attachment, leading to relief for the proprietor.

Benami Property

2026 (3) TMI 51

Inordinate delay in filing bars appellate relief where explanation is insufficient, and identical adverse precedent controls product classification outcome.

Customs

2026 (3) TMI 50

Satisfactory explanation for delay is essential to admit a delayed appeal; without it, dismissal follows and merits must independently justify interference.

Customs

2026 (3) TMI 49

Regulatory misapplication and procedural unfairness invalidated penalty proceedings, resulting in quashing of the penalty order.

Customs

2026 (3) TMI 48

Extended limitation under Section 28(4) requires wilful suppression; mere misclassification without intent precludes extended liability.

Customs

2026 (3) TMI 113

Customs Valuation: Reliance solely on an engineer's certificate cannot supplant required valuation rules; transaction value must be respected.

Customs

2026 (3) TMI 112

Sequential Valuation Methods must be followed; market-survey-based revaluation unsustainable and classification depends on essential character.

Customs

2026 (3) TMI 111

Class Action Scope: past transactions can be remedied under shareholder class suits, and petition admission was upheld.

Companies Law

2026 (2) TMI 971

Fraudulent Transfer: pre-petition lease lacking consideration held void ab initio, set aside to realise assets for creditors.

Companies Law

2026 (2) TMI 1285

Committee of Creditors limited right to litigate in Code matters; Resolution Professional not the exclusive representative.

Companies Law

2026 (2) TMI 1221

Amendment of parties to implead a necessary party permitted to secure adjudication on merits, with dismissal modified accordingly.

Companies Law

2026 (2) TMI 1167

Interlocutory Order Merger: appeal rendered infructuous after a comprehensive final order incorporated and superseded the interim relief.

Companies Law

2026 (2) TMI 1112

Stamp duty on sanctioning orders must be levied on the sanctioning instrument, not by dissecting underlying transactions.

Companies Law

2026 (1) TMI 662

Stock exchange disciplinary action and withheld security: writ maintainable; investigation valid but final board decision set aside as unlawfully constituted

SEBI

2026 (1) TMI 433

AIF trustee debarment for SEBI rule breaches-no investor loss and fund winding-up led to bar treated as expired.

SEBI

2026 (1) TMI 4

Clients authorising third-party F&O trades despite missing pre/post confirmations; broker not liable for losses, award set aside.

SEBI

2026 (1) TMI 1358

Doctrine of merger and trustee-like powers in SEBI-appointed Special Committee; order treated as open-ended, appeals dismissed

SEBI

2026 (1) TMI 1236

Personal liability of directors in regulatory proceedings: attachment challenge refused; pursue statutory appeal under SEBI Act

SEBI

2025 (12) TMI 1674

Market regulator prosecution over access to investigation report and inquiry materials; petition allowed, disclosure ordered with limited redactions

SEBI

2026 (3) TMI 97

Simultaneous CIRP proceedings against debtor and guarantor permissible; regulatory safeguards and claim revision prevent double recovery.

IBC

2026 (3) TMI 96

Limitation commencement from court pronouncement: appeal time runs from pronouncement, so delay beyond condonable period barred.

IBC

2026 (3) TMI 110

Limitation extension by acknowledgment enabled admission of the insolvency petition filed within the available limitation period.

IBC

2026 (3) TMI 109

Pre-existing dispute with documentary indicia can bar an operational creditor's insolvency petition; application may be rejected.

IBC

2026 (3) TMI 108

Transfer of winding up proceedings requires fresh IBC admission and meeting the applicable statutory threshold on conversion.

IBC

2026 (3) TMI 107

Claims reflected in corporate records may require a procedural addendum to the resolution plan so creditors can reconsider.

IBC

2026 (2) TMI 1345

Section 6(4) FEMA protects only legitimately substantiated foreign funds; breach of foreign exchange rules found, penalty reduced.

FEMA

2026 (2) TMI 1344

Contravention under FEMA sustained on documentary nexus, penalties reduced and confiscation of un-surrendered foreign currency upheld.

FEMA

2026 (2) TMI 1283

Abetment liability: corroborated retracted statements and statutory presumption can shift burden, leading to conviction and reduced penalty.

FEMA

2026 (2) TMI 1215

Continuing corporate liability remains enforceable after striking off; directors remain liable but penalties may be mitigated.

FEMA

2026 (2) TMI 1214

Retracted statement admissibility upheld when voluntary and corroborated; confiscation under foreign exchange contravention affirmed, penalty moderated.

FEMA

2026 (2) TMI 1160

Understated FOB valuation: exporter and officers liable; penalties payable but reduced due to mitigation and prior deposits.

FEMA

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

2025 (12) TMI 1317

WhatsApp user data sharing for advertising and other non-essential purposes-clarification allowed requiring express, revocable opt-in/opt-out consent

Law of Competition

2026 (3) TMI 88

Attachment of equivalent property allowed when proceeds are untraceable; Covid exclusion extends the statutory time limit for confirmation.

Money Laundering

2026 (3) TMI 33

Proceeds of crime definition permits attachment of equivalent-value property where tainted assets are dissipated, subject to bona fide secured claims.

Money Laundering

2026 (3) TMI 32

Provisional attachment under PMLA upheld where prima facie material shows proceeds of crime; fiscal payment does not confer immunity.

Money Laundering

2026 (3) TMI 31

Provisional Attachment under PMLA upheld as appellants failed to prove lawful source or repayment, additional evidence refused.

Money Laundering

2026 (3) TMI 30

Lawful source burden: failure to produce contemporaneous evidence or reliable corroboration supports confirmation of provisional attachment.

Money Laundering

2026 (3) TMI 106

Reason to Believe under PMLA must be formed by the Adjudicating Authority, but recording and service are not statutorily required.

Money Laundering

2026 (3) TMI 29

Exemption compliance verification upheld; remand for documentary proof sustained and not a substantial question of law.

Service Tax

2026 (3) TMI 28

Exclusive appellate remedy to the Supreme Court bars High Court appeals against CESTAT taxability orders; remedy lies to apex court.

Service Tax

2026 (3) TMI 27

Taxability of pre-effective-date receipts: only receipts actually received after the effective date form taxable value; penalties require evidence.

Service Tax

2026 (3) TMI 105

Mutuality doctrine bars service tax on member receipts; amendments taxing non-members apply only prospectively, misclassified sponsorships unsustainable.

Service Tax

2026 (3) TMI 104

Business Auxiliary Service classification: IT operation and network management excluded from service tax; resulting demand time barred.

Service Tax

2026 (3) TMI 103

Cenvat credit admissibility: self-contained e-statements treated as invoice-equivalent, allowing credit for banking transaction charges.

Service Tax

2026 (3) TMI 16

Rebate claim procedure: missing ARE-1 forms are procedural, not fatal; re-filed claims relate back to original filing date.

Central Excise

2026 (3) TMI 14

Indigenous Raw Material status can secure exemption; extended limitation needs proof of deliberate suppression, not mere audit differences.

Central Excise

2026 (3) TMI 13

Classification as Ayurvedic Medicine upheld; central excise duty, interest, penalties and confiscation quashed on appeal.

Central Excise

2026 (3) TMI 102

Classification of printed paper: bound articles for further writing stay in the bound-article heading; loose printed forms fall under printed-matter headings.

Central Excise

2026 (3) TMI 101

Cenvat credit for specially designed vehicles upheld; credit allowed and related demand, interest and penalty cancelled.

Central Excise

2026 (3) TMI 100

CENVAT credit admissibility for specialised internal transport equipment upheld where locomotives function as manufacturing accessories and inputs.

Central Excise

2026 (3) TMI 9

Transfer of Property in Goods: fabricated components that become a distinct commodity are taxable as unspecified goods; embedded costs included.

VAT / Sales Tax

2026 (3) TMI 8

Limitation in Reassessment: reassessment after five years is barred and audit-only objections cannot sustain reassessment.

VAT / Sales Tax

2026 (2) TMI 1265

Common Parlance Test and Essential Character Test govern beverage classification; product held a fruit drink attracting concessional VAT.

VAT / Sales Tax

2026 (2) TMI 1264

Settlement under Maharashtra Settlement Act prevents adjustment of earlier refunds; refund must be released with interest.

VAT / Sales Tax

2026 (2) TMI 1211

Attachment of third-party property invalid where transfer preceded attachment; sale may be registered without a tax NOC.

VAT / Sales Tax

2026 (2) TMI 1000

Dominant Character Test finds SIM issuance and activation charges constitute service consideration and are not VAT-liable.

VAT / Sales 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

2024 (1) TMI 439

Section 16(1) intimations under Wealth Tax Act constitute orders subject to revision under Section 25

Wealth-tax

2026 (3) TMI 99

Intra-class discrimination in subordinate legislation remedied: private limited companies given same 'change in management' exemption; amendment not retrospective.

Indian Laws

2026 (3) TMI 98

Limitation and public servant complaints: cognizance valid when identity is established and investigative material supports prima facie case.

Indian Laws

2026 (3) TMI 87

Mandatory auction payment rules void confirmations for non payment; sale set aside and fresh auction ordered with refund.

Indian Laws

2026 (3) TMI 86

Substantive review powers cannot be created by executive direction; vesting orders remain final absent narrow statutory grounds for reopening.

Indian Laws

2026 (3) TMI 7

Surety discharge where creditor permits unauthorized variation - liability limited to obligations before the variance, not subsequent overdrafts.

Indian Laws

2026 (3) TMI 6

Contractual Prohibition on Interest prevents pre-award interest; post-award interest may be awarded but rate subject to judicial reduction.

Indian Laws


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