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Recent Case Laws

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2026 (5) TMI 1653

Deposited Amount Transfer and Release Directed After Verification Following Dismissal of Special Leave Petitions

GST

2026 (5) TMI 1652

Omission of a fiscal rule without a saving clause extinguishes pending refund recovery proceedings founded solely on that rule.

GST

2026 (5) TMI 1651

Advocate liability in GST appeal filing: professional legal advice alone cannot sustain conspiracy prosecution without independent incriminating material.

GST

2026 (5) TMI 1650

Unsigned GST assessment orders are invalid, and consequential recovery and penalty notices cannot survive independently.

GST

2026 (5) TMI 1649

DIN-free assessment orders, portal service, and delayed writ relief were balanced through conditional remand and partial tax deposit.

GST

2026 (5) TMI 1648

Writ jurisdiction under GST declined where final adjudication orders existed and a statutory appeal remained available.

GST

2026 (5) TMI 1643

Reassessment on a mere change of opinion cannot proceed where reopening is based on alleged colourable transactions.

Income Tax

2026 (5) TMI 1642

Tax treatment of logistic services as fees for technical services was left undisturbed, and the SLP was dismissed.

Income Tax

2026 (5) TMI 1641

Recorded satisfaction in reassessment is essential for penalty under sections 271D and 271E; SLP dismissed for delay.

Income Tax

2026 (5) TMI 1640

TDS prosecution under section 276B survives quashing challenge where notice was served and procedural objections remained triable issues.

Income Tax

2026 (5) TMI 1639

Change of opinion bars reassessment when Section 148 notice relies on material already examined and concluded earlier.

Income Tax

2026 (5) TMI 1638

Reassessment notices remitted for fresh consideration after amendment changed the legal basis; liberty preserved to challenge the new provision.

Income Tax

2026 (5) TMI 936

Unexplained cash and benami property rules: tribunal holds income-tax filing readiness does not bar PBPT Act proceedings.

Benami Property

2026 (5) TMI 711

Benami transaction law applies to continued holding of property after amendment; provisional attachment upheld.

Benami Property

2026 (5) TMI 660

Benami property inference sustained where unexplained cash routing and insufficient income failed to rebut the source of consideration

Benami Property

2026 (5) TMI 659

Review jurisdiction after recall of a foundational judgment allowed recall of an earlier order and restoration of appeals on merits.

Benami Property

2026 (5) TMI 593

Benami claims and narrow fiduciary exceptions can defeat a plaint at threshold when the pleadings disclose an unlawful arrangement.

Benami Property

2026 (5) TMI 389

Benami attachment cannot extend to an abettor's own assets without proof the assets themselves are benami property.

Benami Property

2026 (5) TMI 1616

Condonation of delay and no Tribunal error lead to dismissal of civil appeal on merits

Customs

2026 (5) TMI 1615

Specific use-based tariff classification governs draping tubes, with declared value and penalties sustained in the dispute.

Customs

2026 (5) TMI 1614

Customs prosecution review dismissed as no apparent error was found in the Court's earlier order.

Customs

2026 (5) TMI 1613

EPCG export obligation breach without diversion or misuse does not justify confiscation or penalty after duty and interest payment

Customs

2026 (5) TMI 1612

Fertiliser classification upheld for mono potassium phosphate; reclassification to Chapter 28 rejected as inapplicable on the facts.

Customs

2026 (5) TMI 1611

Bluetooth wireless headsets classified as network transceivers, not mere headphones, under the essential character test.

Customs

2026 (5) TMI 930

Limitation and independent valuation principles led to rejection of challenges to removal from directorship and share dilution.

Companies Law

2026 (5) TMI 874

Transfer of winding up proceedings upheld where no irreversible stage was reached and expense claims could still be pursued

Companies Law

2026 (5) TMI 1447

Transposition after withdrawal is impermissible; review cannot reopen settled issues or create a fresh right to contest.

Companies Law

2026 (5) TMI 1384

Company law injunctions cannot restrain statutory director-removal process where shareholding is irrelevant and civil jurisdiction is barred.

Companies Law

2026 (5) TMI 1312

Look Out Circulars require tangible grounds and proportional restraint; speculative fear cannot justify restricting foreign travel under Article 21.

Companies Law

2026 (5) TMI 1107

Oppression and mismanagement applications require separate merits review for distinct events, while interim restraint may still be refused.

Companies Law

2026 (5) TMI 772

Condonation of delay in a first appeal granted where sufficient cause existed and the appellant was restored to appellate hearing on merits.

SEBI

2026 (5) TMI 1383

Impleadment of minority shareholders upheld where the writ outcome directly affected their independent interest.

SEBI

2026 (5) TMI 1036

Maintainability of SCORES-based relief claims: monetary compensation beyond tribunal jurisdiction, with other remedies left open.

SEBI

2026 (4) TMI 878

Late procedural objection without shown prejudice was insufficient to warrant interference under Article 136.

SEBI

2026 (4) TMI 1752

Conditional directions on SEBI fund-raising stand subject to dismissal of petitions and liberty to proceed in law

SEBI

2026 (3) TMI 1703

Writ impleadment and substantial interest: minority shareholders could join proceedings challenging revocation of a settlement order.

SEBI

2026 (5) TMI 1605

Contempt proceedings require prima facie satisfaction, precise charges and identified contemnors before civil imprisonment can be imposed.

IBC

2026 (5) TMI 1604

Pre-existing dispute defeats Section 9 insolvency application where the debt is genuinely contested before the demand notice.

IBC

2026 (5) TMI 1603

Development rights do not equal ownership: CIRP cooperation, existing mortgage charge, and continued construction were upheld.

IBC

2026 (5) TMI 1602

Committee of Creditors' commercial wisdom limits rejection of an approved resolution plan under insolvency law.

IBC

2026 (5) TMI 1601

Limitation under the Insolvency Code runs from pronouncement, and delay beyond the statutory ceiling cannot be condoned.

IBC

2026 (5) TMI 1528

Territorial writ jurisdiction and forum conveniens bar Delhi writ relief where the core dispute arose outside the court's limits.

IBC

2026 (5) TMI 806

FEMA compliance on import remittances requires lawful utilisation or repatriation; unsupported third-party adjustments do not cure contravention.

FEMA

2026 (5) TMI 805

Importer's failure to prove imports and absence of due diligence sustained FEMA liability, though penalty was reduced.

FEMA

2026 (5) TMI 515

Foreign buyer commission not export proceeds absent exporter's receivable entitlement; FEMA penalty fails on that basis.

FEMA

2026 (5) TMI 514

Form FC-GPR reporting delay cannot be fastened on company where authorised dealer bank caused the forwarding lapse.

FEMA

2026 (5) TMI 1600

FEMA seizure under Section 37A depends on holding of the foreign asset at seizure and can be lifted after repatriation.

FEMA

2026 (5) TMI 1102

FEMA penalty cannot rest on inapplicable borrowing rules or unpleaded downstream investment allegations

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 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 (1) TMI 1164

Competition law principles on cartelisation, dominance and prima facie closure in vendor procurement disputes

Law of Competition

2026 (5) TMI 1599

Burden of proof in money laundering attachment: unsubstantiated investment claims fail, and equivalent-value property may still be attached.

Money Laundering

2026 (5) TMI 1598

Proceeds of crime under PMLA upheld where a money trail linked diverted company funds to appellants and lawful source was unproved

Money Laundering

2026 (5) TMI 1597

Equivalent-value attachment under money laundering law can cover pre-offence property when tainted funds are no longer traceable.

Money Laundering

2026 (5) TMI 1596

Equivalent-value attachment under PMLA can reach earlier-acquired property when proceeds of crime are unavailable

Money Laundering

2026 (5) TMI 1595

Proceeds of crime nexus upheld for property attachment where unexplained funds financed land purchase and flat construction

Money Laundering

2026 (5) TMI 1594

Provisional attachment under money-laundering law sustained where traced funds, layering, and unproven source explanations failed to rebut liability

Money Laundering

2026 (5) TMI 1655

Cenvat Credit and Limitation Principles protect genuine input service credit despite procedural document defects

Service Tax

2026 (5) TMI 1593

CENVAT credit nexus test under Rule 2(l) upheld where business linkage was shown and exclusions were not proved.

Service Tax

2026 (5) TMI 1592

Assessable value in advertising services: wall rent is includible, separately sold flex material is excluded, with no extended limitation.

Service Tax

2026 (5) TMI 1591

Unregistered foreign know-how and composite engineering development were outside service tax on intellectual property and consultancy grounds.

Service Tax

2026 (5) TMI 1590

Service tax limitation and cum-tax valuation turn on intent to evade and gross receipts being treated as tax-inclusive.

Service Tax

2026 (5) TMI 1589

Extended limitation cannot apply without suppression; reversed credit did not attract interest or penalty on these facts.

Service Tax

2026 (5) TMI 1586

Site-assembled goods valuation and excisability: Tribunal view on bought-out items, erection charges, and immovable property upheld.

Central Excise

2026 (5) TMI 1585

Low tax effect led to dismissal, and the challenge to Cenvat Credit Rule 6(1) did not survive.

Central Excise

2026 (5) TMI 1584

Modvat credit on spares and accessories of capital goods upheld for a limited period under amended Rule 57Q.

Central Excise

2026 (5) TMI 1583

Related person valuation under excise law fails where corporate entities do not fit the statutory relative concept.

Central Excise

2026 (5) TMI 1515

Mandatory pre-SCN consultation binds the revenue; a notice issued in breach of that procedure can be quashed in writ jurisdiction.

Central Excise

2026 (5) TMI 1514

Input service credit extends to manufacture-linked services and statutory canteen manpower where cost of production is implicated.

Central Excise

2026 (5) TMI 973

Inter-State sale of natural gas determined by contractual delivery point; Uttar Pradesh could not levy local VAT.

VAT / Sales Tax

2026 (5) TMI 752

Consignment transfer burden of proof failed, so goods were treated as inter-State sales and penalty was upheld.

VAT / Sales Tax

2026 (5) TMI 576

Documentary proof and burden shift sustain civil money claim; limitation plea fails due to Covid-19 extension.

VAT / Sales Tax

2026 (5) TMI 502

Alternative statutory remedy and limited review jurisdiction prevented interference with tax assessment-related revision and review orders.

VAT / Sales Tax

2026 (5) TMI 1295

Stock transfer under CST law prevails where depot-level sales follow a framework arrangement and Form F defects are only procedural.

VAT / Sales Tax

2026 (5) TMI 1022

Captive mine job work and explosives used in mining can still support input tax credit in an integrated production process.

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 (5) TMI 1654

Demand of illegal gratification is essential in corruption cases; mere recovery and weak evidence cannot sustain conviction.

Indian Laws

2026 (5) TMI 1582

Further investigation needs Magistrate's leave, and a predominantly civil commercial dispute cannot be converted into criminal prosecution.

Indian Laws

2026 (5) TMI 1581

Section 141 liability requires specific factual linkage; bare office-bearer status is insufficient, but prima facie participation can sustain prosecution.

Indian Laws

2026 (5) TMI 1580

Clean slate effect under the IBC bars past claims and supports immunity from liability after resolution plan approval.

Indian Laws

2026 (5) TMI 1512

Industrial tariff incentives confined to new units; clarificatory amendment relates back and promissory estoppel cannot expand entitlement.

Indian Laws

2026 (5) TMI 1511

Section 138 complaint defects do not upset conviction absent prejudice; sentence may still be reduced on facts.

Indian Laws





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