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Recent Case Laws

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2026 (8) TMI 719

Omission of export refund restriction applies to pending claims where no saving clause preserves the former rule.

GST

2026 (8) TMI 718

Work order payment claims require verification and a reasoned decision by the competent authority within the prescribed period.

GST

2026 (8) TMI 717

Provisional bank attachment expires automatically after one year, requiring account de-freezing unless a valid fresh attachment order is served.

GST

2026 (8) TMI 716

Binding prior determinations bar fresh tax notices on identical settled allegations despite a pending review process.

GST

2026 (8) TMI 715

Refund of unutilised input tax credit requires reasoned consideration of manufacturing status, evidence and prior refund claims.

GST

2026 (8) TMI 714

GST on online gaming actionable claims remains valid, with pending notices governed by the applicable valuation framework.

GST

2026 (8) TMI 703

Change of opinion bars reassessment, while co-operative bank interest qualifies for deduction available to co-operative societies.

Income Tax

2026 (8) TMI 702

Business-linked deposit interest qualifies for statutory deduction, while investment expenditure disallowance cannot exceed exempt income earned.

Income Tax

2026 (8) TMI 701

NRE account remittances through banking channels cannot justify unexplained investment or cash-credit additions when non-resident status is undisputed.

Income Tax

2026 (8) TMI 700

Erroneous factual premise for reassessment invalidates reopening where the alleged payment was only an opening ledger balance.

Income Tax

2026 (8) TMI 699

Educational trust exemption defeats reassessment where post-disallowance application of income still exceeds the statutory utilisation requirement.

Income Tax

2026 (8) TMI 698

Property-tax exemption requires Section 12A registration of the specific educational institution claiming the municipal tax benefit.

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

Provisional attachment requires evidence of alienation risk; prior Income Tax Department custody made attachment unsustainable.

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 claim bar cannot reject a joint family property plaint unless pleadings plainly disclose a statutory benami transaction.

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 664

Monetary thresholds for departmental appeals restrict low-tax-effect litigation, while unexplained delay can prevent appellate consideration.

Customs

2026 (8) TMI 663

Customs classification of imported girls' garments remained subject to the Tribunal's determination after delayed appeals failed on merits.

Customs

2026 (8) TMI 662

SEIS claim disposal directions were complied with; challenges to the subsequent decision remain independently available in law.

Customs

2026 (8) TMI 661

Contempt jurisdiction enforces judicial directions, requiring video-recorded personal hearings while leaving administrative notice challenges to separate remedies.

Customs

2026 (8) TMI 660

Export documentation lapses cannot defeat IGST refunds or sustain penalties when reliable records establish export and tax payment.

Customs

2026 (8) TMI 659

SAFTA origin certification and transaction value prevail where tariff discrepancies and NIDB comparisons lack statutory or evidentiary support.

Customs

2026 (8) TMI 600

Locus standi in winding-up proceedings bars a former director's individual appeal after the issue attained finality.

Companies Law

2026 (8) TMI 528

Order XXXIX Rule 3 compliance sustained interim protection and permitted civil recovery proceedings alongside continued SFIO investigation into provident-fund defalcation.

Companies Law

2026 (8) TMI 527

Foreign judgment enforcement supports interim asset disclosure and restraints without prior re-adjudication where jurisdiction remains unrebutted.

Companies Law

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 Tribunal jurisdiction objections; execution stay must be sought in pending civil appeals.

Companies Law

2026 (8) TMI 654

Void securities cannot be transferred after acceptance of a regulatory invalidation order, and inconsistent conduct is precluded.

SEBI

2026 (8) TMI 599

Statutory complaint requirement bars cognizance on police reports, while FIRs lacking cheating ingredients warrant partial quashing.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes bar writ jurisdiction where contractual arbitration and exchange grievance mechanisms remain 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 pending appeal may follow arguable issues on prosecution, penalties, fines, and directorial status.

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 (8) TMI 653

Limitation in personal guarantor insolvency bars stale Section 94 filings and permits threshold rejection without a Resolution Professional.

IBC

2026 (8) TMI 598

Corporate criminal liability under IBC Section 32A remained unresolved as the special leave petition was dismissed without further reasoning.

IBC

2026 (8) TMI 526

Fraud classification orders remain valid when audit findings are adopted and affected parties receive a meaningful opportunity to respond.

IBC

2026 (8) TMI 525

Resolution plan distributions remained enforceable because the pending Supreme Court challenge carried no stay on redistribution directions.

IBC

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 Committee of Creditors-controlled absent exceptional circumstances demonstrating grounds for tribunal intervention.

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 pre-prosecution notice and speedy trial rights require termination where cognizance lacks compliance and prosecutorial delay persists.

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 597

Special Court cognizance is mandatory before scheduled-offence committal, protecting a substantially concluded trial and speedy-trial rights.

Money Laundering

2026 (8) TMI 596

PMLA twin conditions for regular bail remain unmet where digital evidence and an unresolved money trail indicate laundering.

Money Laundering

2026 (8) TMI 524

Bona fide purchaser claims over attached plots require proof of payment, valid transactions, and absence of collusion.

Money Laundering

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 Trial Court, while concluded Special Court proceedings do not automatically obstruct investigation or trial.

Money Laundering

2026 (8) TMI 652

Service tax classification distinguishes copyright transfers from taxable services and requires consideration for a qualifying underlying activity.

Service Tax

2026 (8) TMI 651

Service tax valuation limits exclude pure reimbursements, deemed sales and documented goods supplied with services.

Service Tax

2026 (8) TMI 650

CENVAT credit refund timing and reverse-charge tax payment date remain central as Third Member resolves sanction versus remand.

Service Tax

2026 (8) TMI 649

Proof of delivery for speed-post service determines limitation, rendering the assessee's appeal timely.

Service Tax

2026 (8) TMI 648

Reverse-charge and extended limitation demands fail without proof of statutory conditions, taxable services, or intent to evade tax.

Service Tax

2026 (8) TMI 647

VCES declaration rejection is appealable, with connected pre-declaration payments requiring verification and consideration towards declared tax dues.

Service Tax

2026 (8) TMI 644

MRP declaration rules distinguish industrial and institutional consumers, determining Chapter II exclusion and excise valuation based on retail price.

Central Excise

2026 (8) TMI 643

Extended limitation for inadmissible CENVAT credit applies where pre-exemption input-service invoices were concealed through fragmented return disclosures.

Central Excise

2026 (8) TMI 642

Procedural delay in monthly duty statements does not defeat otherwise valid area-based exemption refunds or self-credit.

Central Excise

2026 (8) TMI 641

CENVAT credit requires corroborated proof of non-receipt; vehicle-data discrepancies alone cannot sustain denial or extended limitation.

Central Excise

2026 (8) TMI 640

Assessable value excludes freight and insurance already embedded in taxed sale prices when buyer premises are not the place of removal.

Central Excise

2026 (8) TMI 639

CENVAT credit protection requires affirmative evidence of non-receipt; uncorroborated statements and isolated vehicle discrepancies cannot sustain denial.

Central Excise

2026 (8) TMI 514

Composition-tax benefit remains available when out-of-State liquor resale is separately taxed at the normal rate.

VAT / Sales Tax

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

Contractual tax-payment disputes subject to an invoked arbitration clause must proceed through arbitration, not Article 226 writ jurisdiction.

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 penalty without further material establishing a contravention by the dealer.

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 638

Criminal process for money recovery rejected where a flat-sale dispute remained civil and cognizance was properly refused.

Indian Laws

2026 (8) TMI 590

Cheque dishonour presumptions prevailed where admitted issuance and signature were met only by partially proven repayment.

Indian Laws

2026 (8) TMI 589

Personal liability for trust-related cheque dishonour remained unproved after presumptions were rebutted, supporting acquittal.

Indian Laws

2026 (8) TMI 588

Net Owned Fund compliance remains mandatory despite pending amalgamation proposals, supporting registration cancellation without creating permanent regulatory stigma.

Indian Laws

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


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