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Recent Case Laws

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2026 (7) TMI 1118

Inadvertent e-way bill discrepancies cannot trigger detention penalties where goods match records and no tax avoidance is established.

GST

2026 (7) TMI 1117

Show cause notice and hearing are mandatory before imposing penalty; their absence invalidates the penalty proceedings.

GST

2026 (7) TMI 1116

Duplicate GST proceedings for identical input tax credit transactions are barred; demand relating to common suppliers was quashed.

GST

2026 (7) TMI 1115

GST registration cancellation notices require specific factual allegations; bare citation of Rule 21 grounds denies meaningful hearing.

GST

2026 (7) TMI 1114

Personal hearing requirement: demand order set aside because adjudication without a hearing breached principles of natural justice.

GST

2026 (7) TMI 1113

Independent application of mind is essential for tax notices; AI-generated notices without it are legally unsustainable.

GST

2026 (7) TMI 1106

Condonation of delay for revised exemption claims requires liberal consideration where identically placed retirees received finalised relief.

Income Tax

2026 (7) TMI 1105

Telescoping requires source-and-period nexus; property investment and fixed deposits must be assessed on actual unaccounted investment.

Income Tax

2026 (7) TMI 1104

Condonation of delay turns on a bona fide explanation, supporting liberal discretion and merits adjudication.

Income Tax

2026 (7) TMI 1103

Minimum Alternate Tax computation provisions remain inapplicable to statutory corporations not incorporated under company law and governed by separate accounting statutes.

Income Tax

2026 (7) TMI 1102

Reassessment based on mismatched alleged entry characteristics failed where intraday trading profit was already offered to tax.

Income Tax

2026 (7) TMI 1101

Interest-free funds presumption prevents interest capitalisation, while rule 8D disallowance cannot independently increase book profit computation.

Income Tax

2026 (7) TMI 860

Fictitious-name benami transactions permit attachment of routed funds when cumulative evidence remains unrebutted by the benefiting participant.

Benami Property

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 1067

Provisional release of imported multifunctional devices requires enhanced duty payment and security while customs adjudication proceeds independently.

Customs

2026 (7) TMI 1066

Statutory condonation limit bars delayed Commissioner (Appeals) filings beyond the expressly permitted outer period.

Customs

2026 (7) TMI 1065

Customs exemption claims require strict coverage, but full import disclosure prevents extended limitation and penalty for erroneous claims.

Customs

2026 (7) TMI 1064

Knowledge of export-goods misdeclaration is essential before customs penalties can be imposed on a broker's G-card holder.

Customs

2026 (7) TMI 1063

Certificate of Origin verification procedure governs preferential tariff exemption; customs cannot independently reject origin claims based on value addition.

Customs

2026 (7) TMI 1062

Special Bonded Warehouse Licence cancellation fails where cost recovery charges are paid and no licence-condition breach is established.

Customs

2026 (7) TMI 849

Cheating requires dishonest intent at inception; subsequent commercial default and settled insolvency dues cannot sustain criminal prosecution.

Companies Law

2026 (7) TMI 848

Stamp duty on amalgamation orders requires relevant approval-stage valuation material, not reliance solely on an earlier valuation report.

Companies Law

2026 (7) TMI 847

Borrower interest liabilities survive NPA classification, while listed-entity auditors require evidence, mandatory quality review and appropriate modified opinions.

Companies Law

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 1010

Production of company records cannot serve as evidence-gathering for unsubstantiated oppression and mismanagement claims by majority shareholders.

Companies Law

2026 (7) TMI 1009

Discretionary restoration costs require reasoned, case-specific justification and may not apply to statutory authorities performing assessment functions.

Companies Law

2026 (7) TMI 846

Public duty in stock exchange governance may bring senior officers within anti-corruption law, subject to factual determination.

SEBI

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 1373

Negative futures settlement rates upheld where contract adopted external benchmark and writ relief could not rewrite final settlements.

SEBI

2026 (7) TMI 1060

Secured operational debt status excludes Central Sales Tax dues while recognising secured State tax dues in insolvency distribution

IBC

2026 (7) TMI 1059

Statutory charge over VAT dues supports secured operational creditor status only for charge-covered claims in resolution distribution.

IBC

2026 (7) TMI 1058

Personal guarantor insolvency moratorium requires a filed application, allowing SARFAESI enforcement despite the corporate debtor's CIRP.

IBC

2026 (7) TMI 1057

Personal guarantor insolvency proceedings may begin independently, without prior or pending corporate debtor insolvency or liquidation proceedings.

IBC

2026 (7) TMI 1056

Financial debt requires allottee disbursement; a flat received for unpaid service dues does not confer financial-creditor status or homebuyer protections.

IBC

2026 (7) TMI 1008

IBC appeal limitation begins on pronouncement, and the statutory outer limit for condonation cannot be extended.

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 924

Territorial jurisdiction in money-laundering cases may be concurrent, but the linked scheduled offence requires trial before the same Special Court.

Money Laundering

2026 (7) TMI 923

Retention of suspected money-laundering property remains valid where statutory reasons exist, ECIR quashing is stayed, and limitation excludes stay periods.

Money Laundering

2026 (7) TMI 1055

Prima facie money-laundering material defeats discharge where trustee conduct links the accused to loan diversion and laundering allegations.

Money Laundering

2026 (7) TMI 1007

Knowing participation in routing tainted loan funds prima facie supports a money-laundering complaint and defeats quashing.

Money Laundering

2026 (7) TMI 1006

Consideration of objections before bank account attachment required; matter remitted for a reasoned decision on the petitioner's objections.

Money Laundering

2026 (7) TMI 1005

Prima facie scrutiny at discharge permits money-laundering prosecution to continue without adjudicating predicate offences or asset legitimacy.

Money Laundering

2026 (7) TMI 1054

Business auxiliary service classification remains unexamined after the civil appeal was dismissed as time-barred for delay.

Service Tax

2026 (7) TMI 1053

Electricity-generation service exemption covers hydroelectric project fabrication, erection and commissioning services, eliminating service tax liability and related consequences.

Service Tax

2026 (7) TMI 1052

Penal minimum gas offtake charges and sale-linked marketing margins do not constitute consideration for taxable services.

Service Tax

2026 (7) TMI 1051

Statutory university affiliation functions are education-promoting public duties, exempt from service tax and not taxable services for consideration.

Service Tax

2026 (7) TMI 1004

Reverse-charge service tax on CIF sea freight cannot support proceedings after the underlying levy was invalidated.

Service Tax

2026 (7) TMI 1003

Reverse charge on mining royalty places service-tax liability on recipients and excludes them from threshold exemption benefits.

Service Tax

2026 (7) TMI 995

Factory-use exemption for job-worked tractor parts applies on proven end use, while absent suppression bars extended limitation.

Central Excise

2026 (7) TMI 994

Clerical errors in statutory returns cannot sustain excise demands where supporting records disclose the correct clearances and negate suppression.

Central Excise

2026 (7) TMI 1050

Lump-sum contract finality prevents recovery of unaccounted pre-existing duty-exemption benefits and requires release of security deposits.

Central Excise

2026 (7) TMI 1049

Input service credit for plant setup remains available where services directly relate to manufacture and no exclusion applies.

Central Excise

2026 (7) TMI 1048

Timely export established by contemporaneous export records, making delayed ARE-1 certification insufficient to sustain excise duty demand.

Central Excise

2026 (7) TMI 1047

Related-person valuation rules do not apply where corporate entities are not relatives and sales are not exclusively through one buyer.

Central Excise

2026 (7) TMI 992

Tax-variation clauses override firm-price treatment, requiring excise-duty reductions to benefit the purchaser and preventing supplier unjust enrichment.

VAT / Sales Tax

2026 (7) TMI 991

Registered secured creditor priority prevails over unenforced State tax attachments, protecting auction purchasers from continuing revenue-record encumbrances.

VAT / Sales Tax

2026 (7) TMI 913

Works-contract composition compliance requires consideration of prescribed records, making an unreasoned best judgment assessment unsustainable.

VAT / Sales Tax

2026 (7) TMI 912

Rule 83 rectification jurisdiction must be considered before merits, while factual tax characterisation proceeds through statutory proceedings.

VAT / Sales Tax

2026 (7) TMI 1046

Post-inspection revised returns cannot erase unreconciled turnover suppression, though subsequent payment may moderate estimated additions and penalties remain enforceable.

VAT / Sales Tax

2026 (7) TMI 1045

Revisional time limits restrict delayed tax orders, while valid works-contract deductions and input tax credit evidence require proper assessment.

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 (7) TMI 990

Cheque dishonour presumptions remain unrebutted where the accused presents inconsistent, unsupported repayment and security-cheque defences.

Indian Laws

2026 (7) TMI 989

Cheque dishonour prosecution requires timely presentation and valid service of an accurate demand notice; defective compliance sustains acquittal.

Indian Laws

2026 (7) TMI 832

Recovery certificates could not support insolvency notices before the later deeming provision, which had no retrospective operation.

Indian Laws

2026 (7) TMI 831

Royalty computation through inclusive sale value remains a valid regulatory measure against mineral pricing manipulation and evasion.

Indian Laws

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


Highlights
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