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Recent Case Laws

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2026 (9) TMI 1279

Personal hearing denial invalidates GST adjudication when no fresh hearing date follows a missed original hearing.

GST

2026 (9) TMI 1278

Statutory GST appellate remedy governs disputed notice-service and hearing objections; lack of remand power does not justify writ bypass.

GST

2026 (9) TMI 1277

Binding appellate orders prevent refund authorities from reopening input tax credit disputes or withholding refunds without statutory safeguards.

GST

2026 (9) TMI 1276

Interim protection against coercive tax recovery permits normal business while alleged supplier input tax credit liability is examined.

GST

2026 (9) TMI 1275

Regular bail for alleged input tax credit misuse considered absence of antecedents, custody period, and delayed trial.

GST

2026 (9) TMI 1274

Parallel GST adjudication for the same tax period was quashed, preserving the earlier proceeding with hearing and evidence rights.

GST

2026 (9) TMI 1262

Statutory finality of settlement orders bars reassessment of settled deductions, leaving fraud or misrepresentation to the prescribed settlement mechanism.

Income Tax

2026 (9) TMI 1261

Continuing necessity for search records and witness recall preserved procedural orders in the criminal prosecution.

Income Tax

2026 (9) TMI 1260

TDS assessment refunds cannot be withheld for procedural deficiencies and carry statutory interest until payment.

Income Tax

2026 (9) TMI 1259

Section 147 Explanation permits pending reassessments to cover later-detected escaped income, including search material, without fresh Section 148A procedure.

Income Tax

2026 (9) TMI 1258

Non-resident income nexus governs taxability, while applicant-specific rulings, reassessment limitation, and protective refunds restrict Revenue action.

Income Tax

2026 (9) TMI 1257

Social forestry losses: land-based cultivation alone affects agricultural loss, book-profit adjustments, and concealment penalties where tax remains unchanged.

Income Tax

2026 (9) TMI 969

Benami property claims cannot enforce ownership or possession through post-commencement suits, even where the underlying sale predates the prohibition.

Benami Property

2026 (9) TMI 1229

Benami confiscation takes precedence over a subsequent secured mortgage, leaving lenders to pursue alternate collateral and statutory claims.

Benami Property

2026 (9) TMI 1140

Prior approval for benami property attachment requires statutory notice and recorded reasons before the approval process begins.

Benami Property

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 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 (9) TMI 1228

Voluntary customs-duty deposits may be adjusted against admitted liability without constituting recovery of a time-barred statutory demand.

Customs

2026 (9) TMI 1227

Statutory appellate remedies limit writ jurisdiction where mandatory customs pre-deposit remains unpaid and merits require factual review.

Customs

2026 (9) TMI 1226

Anti-dumping duty on wind-generator castings applies only to castings within imported gearboxes, not complete gearboxes.

Customs

2026 (9) TMI 1225

Customs Broker due diligence: valid authorisation and reliable KYC records defeat licence revocation for alleged regulatory breaches.

Customs

2026 (9) TMI 1224

Transaction value governs customs assessment unless lawfully rejected through sequential valuation; market inquiries cannot justify enhancement or penalties.

Customs

2026 (9) TMI 1223

Appellate jurisdiction under customs law cannot compel a non-party terminal operator to implement demurrage waiver directions.

Customs

2026 (9) TMI 896

Section 230 compromise period may be extended where changed creditor circumstances support value maximisation and corporate revival.

Companies Law

2026 (9) TMI 747

Partnership dissolution requires liquidation or market-value settlement, preserving an outgoing partner's asset share beyond dissolution-date valuation.

Companies Law

2026 (9) TMI 479

Director disqualification cannot deactivate a DIN without Rule 11 compliance and a prior hearing under natural justice.

Companies Law

2026 (9) TMI 1222

Territorial jurisdiction arises when a company's registered office forms the investigative fulcrum, permitting a writ challenge.

Companies Law

2026 (9) TMI 1132

Binding Judicial Directions Remain Enforceable Despite Pending Review, Requiring Immediate Implementation of Vacant Possession Orders.

Companies Law

2026 (9) TMI 1043

Limitation for dividend-transfer offences barred delayed prosecution, while prolonged inactivity made continued criminal proceedings unwarranted.

Companies Law

2026 (9) TMI 962

Annulled securities trades require exchange refund of deposited consideration, without forcing delivery or broker arbitration.

SEBI

2026 (9) TMI 961

Main objects clause limits virtual digital asset investments, rendering pre-amendment preferential issue deployment ultra vires and void.

SEBI

2026 (9) TMI 663

Buyback escrow release does not immunise issuers from independently proven fraud proceedings under market-abuse rules.

SEBI

2026 (9) TMI 662

Disgorgement and co-location access issues remain legally open after settlement-based disposal of securities market appeals.

SEBI

2026 (9) TMI 561

Summons before arrest warrants: transferred complaints require accused already on bail to receive an initial opportunity to appear.

SEBI

2026 (9) TMI 302

Leave against acquittal requires arguable grounds for deeper scrutiny, while certified-copy time is excluded from limitation.

SEBI

2026 (9) TMI 1221

E-filing system failure may exclude limitation time where bona fide filing attempts are frustrated without appellant fault.

IBC

2026 (9) TMI 1220

Provident-fund and gratuity dues survive resolution plans, requiring full payment with statutory interest by successful applicants.

IBC

2026 (9) TMI 1219

Procedural fairness requires prior determination of collusion-based intervention before final insolvency admission where proprietary interests may be prejudiced.

IBC

2026 (9) TMI 1218

Pre-existing disputes over outcome-based professional fees prevent Section 9 admission where the operational debt has not crystallised.

IBC

2026 (9) TMI 1131

Expired Way Leave Permissions cannot be retrospectively renewed without jurisdiction, safety assessment, and a hearing for affected rights holders.

IBC

2026 (9) TMI 1130

Interim moratorium protects civil debt recovery only, leaving cheque-dishonour prosecution and personal accountability unaffected.

IBC

2026 (9) TMI 827

Director liability for unrealised export proceeds survives company liquidation when reasonable recovery steps remain unproven.

FEMA

2026 (9) TMI 743

Continuing foreign-asset holdings permit prospective seizure of equivalent domestic assets where statutory suspicion and Indian residence are established.

FEMA

2026 (9) TMI 559

Proportionate penalty under foreign exchange law requires reasoned discretion; an unexplained unchanged quantum was reduced.

FEMA

2026 (9) TMI 1217

Civil FEMA liability for non-compliant foreign investment does not require mens rea and may support property confiscation.

FEMA

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 (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 (9) TMI 1216

Humanitarian parole for critically ill spouses may be warranted despite other family caregivers being available.

Money Laundering

2026 (9) TMI 1215

Corresponding scheduled offences under anti-money-laundering law preserve enforcement jurisdiction for equivalent corruption offences under the J&K statute.

Money Laundering

2026 (9) TMI 1128

Money-laundering charges focus on criminal proceeds, statutory statements, prosecution sanction, and proof of a financial link.

Money Laundering

2026 (9) TMI 1127

Prima facie material for money laundering defeats discharge where records and statements indicate knowing transfer of criminal proceeds.

Money Laundering

2026 (9) TMI 1126

Rectification of clerical error remains pending after applicant's non-appearance; prosecutor must notify the applicant's office before relisting.

Money Laundering

2026 (9) TMI 1042

PMLA special leave challenge dismissed, leaving prior order undisturbed while trial proceedings are encouraged to conclude promptly.

Money Laundering

2026 (9) TMI 1214

Composite residential construction contracts before works-contract taxation were outside service tax where goods and services could not be segregated.

Service Tax

2026 (9) TMI 1213

Revenue neutrality defeats reverse-charge service-tax demands when the same tax is fully available as CENVAT credit.

Service Tax

2026 (9) TMI 1125

Mandatory verification under the Sabka Vishwas Scheme requires reconsideration of conflicting payable amounts based on complete documentary evidence.

Service Tax

2026 (9) TMI 1124

Service-tax treatment of trading and hostel rentals excludes sales and residential-dwelling rent from taxable services.

Service Tax

2026 (9) TMI 1123

Service tax reconciliation requires verification of corrected challans and customer advances before fresh adjudication of receipt-reporting differences.

Service Tax

2026 (9) TMI 1122

Dealer incentives: Trade discounts and price adjustments lack taxable service consideration without a specific contractual obligation.

Service Tax

2026 (9) TMI 1212

CENVAT credit on concessional CVD remains available for imported coal because customs-notification rates retain excise-duty equivalence.

Central Excise

2026 (9) TMI 1211

Admissibility of investigation statements and electronic records determines whether alleged clandestine excise clearances can support duty demands.

Central Excise

2026 (9) TMI 1210

Cenvat credit rules exclude bagasse-based electricity demands where bagasse is agricultural residue and proportionate credit reversal is made.

Central Excise

2026 (9) TMI 1209

Revenue-neutral inter-unit excise transfers defeat differential duty demands and bar extended limitation where valuation details are disclosed.

Central Excise

2026 (9) TMI 1208

Amortised tooling value governs excise valuation, while separately sold tooling does not receive captive consumption exemption.

Central Excise

2026 (9) TMI 1207

Cenvat credit survives invoice address defects when verified records establish receipt, duty payment, and manufacturing use of inputs.

Central Excise

2026 (9) TMI 946

Fiscal interest liability requires payment default under prescribed return dates, preventing authorities from altering lawful filing periodicity.

VAT / Sales Tax

2026 (9) TMI 1206

Statutory interest on assessed VAT refunds applies where payment remains unpaid despite a refund determination.

VAT / Sales Tax

2026 (9) TMI 1107

Inter-State sales turn on contractual linkage to goods movement, while branch transfers require proof under the CST Act.

VAT / Sales Tax

2026 (9) TMI 1106

Composition-scheme eligibility survives belated revised returns when finally determined taxable turnover remains below the prescribed threshold.

VAT / Sales Tax

2026 (9) TMI 1036

Commodity classification requires distinct tariff treatment where Furnace Oil and Light Diesel Oil differ materially in identity and use.

VAT / Sales Tax

2026 (9) TMI 1035

Secured creditor priority under SARFAESI defeats a subsequently recorded State VAT charge on auctioned mortgaged property.

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 (4) TMI 1915

Territorial appellate jurisdiction invalidates orders by an unauthorised authority, requiring de novo merits adjudication before the competent appellate forum.

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 (11) TMI 2064

Territorial appellate jurisdiction invalidates orders issued by an appellate authority not assigned the assessee's regional charge.

Wealth-tax

2026 (9) TMI 888

Debts Recovery Tribunal remedy remains available where a diligent writ challenge was redirected despite ordinary limitation expiry.

Indian Laws

2026 (9) TMI 733

SEZ Fiscal Exemption Extends to Pre-Ordinance Lease Deeds Under an Existing State Investment Policy

Indian Laws

2026 (9) TMI 732

GST reimbursement for pre-GST contracts survives tax-inclusive tender clauses where later tax burdens are verified and comparable contractors receive relief.

Indian Laws

2026 (9) TMI 647

Stamp valuation enquiries may not require fraudulent intent, but binding precedent on wilful undervaluation awaits larger-Bench review.

Indian Laws

2026 (9) TMI 1205

Fair vehicle repossession requires prior notice, cure opportunity, peaceful recovery, and transparent sale; forceful seizure can trigger restitution.

Indian Laws

2026 (9) TMI 1204

GST reimbursement disputes remain arbitrable where they concern contractual allocation rather than sovereign tax liability.

Indian Laws


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