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Recent Case Laws

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2026 (7) TMI 828

Statutory appeal before writ jurisdiction: natural justice objections to GST assessments should generally proceed through the appellate forum

GST

2026 (7) TMI 827

Statutory GST appeal remedy limits writ intervention, while operative release orders remain binding absent a stay or reversal.

GST

2026 (7) TMI 826

Ex parte GST adjudication may be reopened for credible hardship, with fresh hearing restored subject to revenue-protective conditions

GST

2026 (7) TMI 825

Jurisdiction to issue GST notices questioned; participation required, but enforcement of the decision remains stayed pending writ proceedings

GST

2026 (7) TMI 824

GST tax adjustment clauses require reimbursement of burden, while retention cannot rest on audit objections and price disputes require resolution

GST

2026 (7) TMI 823

Separate GST assessments for each tax period required; disposed appeal does not automatically bar writ challenge to the original order

GST

2026 (7) TMI 822

CRM subscription fees fail royalty and technical-service tests, with business profits taxable only when attributable to a permanent establishment

Income Tax

2026 (7) TMI 821

Reassessment under MAT after four years fails where income escapement is unestablished, while the broader legal question remains open

Income Tax

2026 (7) TMI 820

Rectification under Section 254(2) cannot reopen concluded orders merely because a later Supreme Court ruling changes the legal position

Income Tax

2026 (7) TMI 819

Factual nexus required for reassessment reopening where investigation material names an unrelated beneficiary entity; notice treated as invalid

Income Tax

2026 (7) TMI 818

Business procurement advances are outside Section 56(2)(ix) where stock-in-trade is involved and forfeiture is not legally established

Income Tax

2026 (7) TMI 817

Prospective CBDT exceptions cannot revive earlier appeals where revised monetary limits make the pending revenue appeal unsustainable

Income Tax

2026 (7) TMI 736

Benami money trail and prejudice test shape why attachment survived and the cross-examination challenge did not succeed.

Benami Property

2026 (7) TMI 672

Benami cash routing and no proven prejudice from denied cross-examination led to upheld attachment.

Benami Property

2026 (7) TMI 671

Benami finding set aside for incomplete appreciation of evidence; matter remanded for fresh consideration of ownership and attachment.

Benami Property

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 538

Benami share transfer found where nominal payment, deferred consideration, and continued transferor control showed effective ownership remained unchanged.

Benami Property

2026 (7) TMI 537

Prior PMLA attachment did not invalidate benami attachment where the statute allowed an alternate provisional attachment route.

Benami Property

2026 (7) TMI 771

Statutory appellate screening limits pre-admission objections, deferring maintainability and jurisdiction challenges to the post-admission stage

Customs

2026 (7) TMI 770

Statutory appeal rights prevail over alternative representation remedies for adjudicatory customs orders affecting courier authorisation and security

Customs

2026 (7) TMI 735

Provisional release of seized imports allowed subject to duty payment, limited security, compliance conditions, and independent adjudication on merits.

Customs

2026 (7) TMI 734

Excise classification of micronutrient mixtures kept pending, with recovery proceedings stayed until the Supreme Court decides the issue.

Customs

2026 (7) TMI 733

Customs penalty ingredients must be specifically proved, and residuary penalty cannot arise without prior notice in the show cause notice.

Customs

2026 (7) TMI 732

Specific tariff classification for quicklime prevailed, placing imported goods under the express heading and negating differential duty, interest and penalty.

Customs

2026 (7) TMI 728

Discretionary transfer of winding-up proceedings depends on timely, bona fide grounds and may be refused once liquidation has substantially progressed.

Companies Law

2026 (7) TMI 594

Special Companies Act procedure excludes BNSS pre-cognizance hearing in SFIO prosecutions before the Special Court.

Companies Law

2026 (7) TMI 379

Section 452 offence remains criminal; complaint for wrongful withholding of company property lies before the Judicial Magistrate.

Companies Law

2026 (7) TMI 378

Company law remedies in oppression cases are not barred by lack of consent where transactions are pleaded fraudulent or void.

Companies Law

2026 (7) TMI 332

Fraudulent preference in company property transfer led to void mutation entries and restoration of land records.

Companies Law

2026 (7) TMI 260

Interrogatories in oppression and mismanagement petitions may be allowed when they seek material facts and narrow the controversy.

Companies Law

2026 (7) TMI 769

Mandatory mutual-fund compliance requires maturity redemption, proper rollover consent, disclosure, and due diligence despite investor gains or no loss

SEBI

2026 (7) TMI 593

Depository liability for participant misconduct upheld where supervisory safeguards failed and arbitral award was not patently illegal.

SEBI

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 (7) TMI 768

Interest on inter-corporate deposits may form part of financial debt where oral arrangements and acknowledgments establish the obligation.

IBC

2026 (7) TMI 727

Interim moratorium under insolvency law bars fresh debt suits, including composite plaints, and can trigger rejection of the plaint.

IBC

2026 (7) TMI 663

Extinguishment of pre-CIRP claims under an approved resolution plan bars survival of an arbitral award.

IBC

2026 (7) TMI 662

Sufficient cause and natural justice justified condonation of delay and restoration of the right to file a defence in insolvency proceedings

IBC

2026 (7) TMI 661

Priority in hearing interlocutory applications was not mandatory where the prior order only granted liberty to seek such consideration.

IBC

2026 (7) TMI 533

Continuing personal guarantee remains enforceable where no lawful revocation or novation is shown, despite resignation and facility renewal.

IBC

2026 (7) TMI 726

Director liability under FEMA requires proof of control or culpable involvement; mere designation alone does not justify penalty.

FEMA

2026 (7) TMI 660

Pre-deposit non-compliance under FEMA did not bar restoration where readiness to pay and medical hardship were shown.

FEMA

2026 (7) TMI 659

Sub judice protection under FEMA barred fresh notice and complaint based on the same cause of action, leading to quashing.

FEMA

2026 (7) TMI 658

Delayed import payments as trade credit under FEMA, with RBI permission unable to cure the contravention and directors held liable.

FEMA

2026 (7) TMI 657

FEMA compliance breaches upheld, but penalties reduced where delayed reporting and share allotment were established on the facts.

FEMA

2026 (7) TMI 330

FEMA penalty limits and power of attorney liability clarified: statutory fit and duplicate penalties for same acts were rejected.

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 (7) TMI 725

Proceeds of crime attachment can rest on probable fund tracing, and prior property purchase does not automatically defeat attachment.

Money Laundering

2026 (7) TMI 656

PMLA bail granted where predicate offences were not shown to subsist and no proceeds of crime were identified.

Money Laundering

2026 (7) TMI 655

PMLA attachment survives death of accused; Special Court is the proper forum for confiscation or release orders.

Money Laundering

2026 (7) TMI 464

Unlawful assault claims during PMLA examination failed for lack of contemporaneous evidence and immediate complaint.

Money Laundering

2026 (7) TMI 463

Provisional attachment under PMLA: High Court follows earlier precedent and declines interference with tribunal relief

Money Laundering

2026 (7) TMI 242

Right to travel abroad may be denied on bail when medical necessity is unproven and flight risk threatens the criminal process.

Money Laundering

2026 (7) TMI 767

Transport documents bearing consignment-note substance can trigger Goods Transport Agency taxation despite informal labels and individual truck ownership.

Service Tax

2026 (7) TMI 766

Extended limitation requires deliberate suppression with intent to evade; non-filing alone cannot sustain a time-barred service tax demand

Service Tax

2026 (7) TMI 765

Mistaken tax deposits and returned incidence defeat unjust enrichment and Section 11B limitation for tax and interest refunds

Service Tax

2026 (7) TMI 764

Refund claims for unprovided services: limitation and unjust enrichment principles under CGST transition rules may not defeat substantive entitlement

Service Tax

2026 (7) TMI 763

Proof of proper service determines appeal limitation; mere dispatch may not start the statutory appeal period.

Service Tax

2026 (7) TMI 762

Threshold exemption and true nature of expenses govern service tax; exempt receipts and stamp paper purchases cannot sustain demands.

Service Tax

2026 (7) TMI 760

Limitation pleas must be decided before merits remand where a time-bar finding could make further adjudication unnecessary

Central Excise

2026 (7) TMI 759

Exemption covers un-machined castings solely used to manufacture wind-operated electricity generators and their components

Central Excise

2026 (7) TMI 720

Pre-deposit under Section 35F includes earlier appellate deposit, reviving appeals rejected solely for alleged non-compliance.

Central Excise

2026 (7) TMI 719

Concessional CVD credit entitlement remains available, while extended limitation and major penalties fail absent supporting grounds.

Central Excise

2026 (7) TMI 718

Extended limitation in excise demand fails where statutory returns disclose material facts and no corroborative evidence proves wrongful clearance.

Central Excise

2026 (7) TMI 717

Sales promotion input service credit covers taxed dealer commissions, making denial of CENVAT credit and related demand unsustainable.

Central Excise

2026 (7) TMI 758

Review jurisdiction cannot reopen decided tax issues, while failure to produce records leaves a substantially identical assessment challenge unsuccessful

VAT / Sales Tax

2026 (7) TMI 757

Revised return requirements limit later claims for a lower VAT rate first raised during reassessment proceedings

VAT / Sales Tax

2026 (7) TMI 716

Declared goods reimbursement limits State input tax credit denial, requiring notifications to be read down for inter-State resale transactions.

VAT / Sales Tax

2026 (7) TMI 715

Secured creditor priority over State tax dues supports sale certificate registration free from later attachment and revenue encumbrance.

VAT / Sales Tax

2026 (7) TMI 643

Retrospective interest liability rejected where Section 10(2) could not apply before its commencement.

VAT / Sales Tax

2026 (7) TMI 642

Transfer of right to use goods requires exclusive control; common amenities in a lease were held not to create a deemed sale.

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 (7) TMI 756

Reduced cheque demand after disclosed part payments may remain valid; disputed debt and Section 56 issues generally require trial.

Indian Laws

2026 (7) TMI 714

Settlement preserving cheque dishonour complaints keeps prosecution alive, while civil detention remains distinct from criminal punishment and double jeopardy.

Indian Laws

2026 (7) TMI 641

Motor accident compensation income assessment should use prior returns flexibly, with a three-year average for self-employed earners.

Indian Laws

2026 (7) TMI 640

Specific averments under Negotiable Instruments law are required to prosecute a director for cheque dishonour.

Indian Laws

2026 (7) TMI 639

Limitation under Section 138 notice return cases runs from receipt of the returned cover, not postal endorsement.

Indian Laws

2026 (7) TMI 638

Writ jurisdiction limits in crypto exchange disputes: private claims, factual controversies and investigative directions fell outside Article 226.

Indian Laws


Highlights
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