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Recent Case Laws

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2026 (7) TMI 1839

Supplier tax-payment condition for input tax credit applies to bona fide purchasers, with credit re-availment after liability discharge.

GST

2026 (7) TMI 1838

Personal hearing requirements invalidate ex-parte GST adjudication when notices lack proper communication and hearing particulars.

GST

2026 (7) TMI 1837

Personal hearing in adverse GST adjudication is mandatory, requiring fresh adjudication where the statutory hearing opportunity was denied.

GST

2026 (7) TMI 1836

GST registration cancellation without proper opportunity permits revocation consideration after tax payment and filing required returns.

GST

2026 (7) TMI 1835

GST appeal delay condonation allows merits adjudication where filing was prevented by circumstances beyond the taxpayer's control.

GST

2026 (7) TMI 1834

Temporary GST ID application must be considered promptly to facilitate the taxpayer's statutory appellate remedy.

GST

2026 (7) TMI 1826

Bogus share-trading loss remained disallowed where supporting evidence was absent and the Tribunal overlooked material factual deficiencies.

Income Tax

2026 (7) TMI 1825

Satisfaction-note recording for Section 153C notices remained central where delayed recording led to notices being quashed.

Income Tax

2026 (7) TMI 1824

Misreporting penalty requires specific factual allegations and reasoned findings; tax evasion computation must reflect the relevant assessed income difference.

Income Tax

2026 (7) TMI 1823

Reassessment based on broker register failed because disconnected asking-rate entries did not evidence undisclosed land-purchase payments.

Income Tax

2026 (7) TMI 1822

Condonation of delayed Form No. 10 filing protects charitable income exemption where reasonable cause and prescribed investments exist.

Income Tax

2026 (7) TMI 1821

Exempt-income requirement limits Section 14A disallowance, while genuine loan-hedging swap losses recognised under accounting standards remain deductible.

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 1211

Doctrine of election prevents a will beneficiary from asserting inconsistent ownership, while permissive office occupation creates no life interest.

Benami Property

2026 (7) TMI 1793

Unjust enrichment presumption may be rebutted through a Chartered Accountant's certified annual accounts confirming duty was not passed on.

Customs

2026 (7) TMI 1792

Evidence-based reclassification: synthetic bonded fabric exemption cannot be denied without proof that the goods were bleached and dyed.

Customs

2026 (7) TMI 1791

Established personal involvement is essential for customs penalties; defective origin certificate allegations alone cannot sustain liability.

Customs

2026 (7) TMI 1790

Baggage confiscation appeals fall outside Tribunal jurisdiction and must proceed through revision before the designated Revisionary Authority.

Customs

2026 (7) TMI 1789

Tariff classification follows objective engineering characteristics and principal intended use, placing specialised off-road mining tyres in the mining vehicle category.

Customs

2026 (7) TMI 1685

Customs and integrated tax exemptions for orthopaedic implants raise substantial questions on interpretation, demand, limitation, confiscation and penalties.

Customs

2026 (7) TMI 1788

Company name rectification remains valid when an existing company's application triggers independent statutory opinion formation.

Companies Law

2026 (7) TMI 1679

Fraud classification requires a definite forensic finding based on complete borrower records; inconclusive audit material cannot sustain notice.

Companies Law

2026 (7) TMI 1551

Mandatory transfer formalities invalidate alleged share and immovable property transfers based solely on unilateral records and accounting entries.

Companies Law

2026 (7) TMI 1461

Tender eligibility may assess promoter-director creditworthiness, with de facto corporate control prevailing over formal director reclassification.

Companies Law

2026 (7) TMI 1460

Civil jurisdiction over guarantees, mortgages and pledges survives despite NCLT debenture redemption remedies; secured assets receive limited interim protection.

Companies Law

2026 (7) TMI 1373

Amendment of company petitions can cover consequential rectification and subsequent resolutions while limitation objections remain for final determination.

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 1625

Alternative remedies for broker-share disputes precluded writ jurisdiction where arbitration and exchange grievance mechanisms remained 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 granted pending appeals where statutory penalties, repeat prosecution, fines, and directorship remained arguable.

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 (7) TMI 1135

Pre-cognizance hearing rights apply before SEBI Special Courts take cognizance of complaints under the procedural framework.

SEBI

2026 (7) TMI 1787

Insolvency moratorium protects only the corporate debtor, allowing consumer complaints against unprotected co-respondents to proceed on merits.

IBC

2026 (7) TMI 1786

Service of notice and unexplained delay justified refusal to recall an ex parte order in insolvency proceedings.

IBC

2026 (7) TMI 1678

Prior approval for liquidator arbitration is mandatory, but post facto approval makes an earlier invocation effective from approval.

IBC

2026 (7) TMI 1677

Reasoned fraud classification requires independent consideration of defences; reproducing audit observations and show-cause allegations is insufficient.

IBC

2026 (7) TMI 1624

Necessary-party requirement: Chapter 11 Trustee removed where no substantive relief or cause of action was pleaded against her.

IBC

2026 (7) TMI 1371

Supervisory jurisdiction cannot replace IBC appellate remedies for NCLT ex parte orders absent jurisdictional error or grave injustice.

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 1550

Mandatory opportunity notice and speedy trial protections can invalidate delayed foreign-exchange prosecutions despite available criminal revision.

FEMA

2026 (7) TMI 1370

Discretionary confiscation under FEMA permits penalties without forfeiting securities where adjudicatory discretion is properly exercised.

FEMA

2026 (7) TMI 1459

Exclusive supply and customer incentive arrangements require proof of actual foreclosure or denied market access to breach 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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

Law of Competition

2026 (7) TMI 1785

Condonation of delay requires sufficient cause; delayed bail-related special leave petitions were dismissed as time-barred.

Money Laundering

2026 (7) TMI 1784

Reason to believe for provisional attachment remains central as release of attached properties stands without Supreme Court interference

Money Laundering

2026 (7) TMI 1676

Regular bail in money-laundering proceedings follows prolonged custody, prior incarceration, unframed charges, and unlikely early trial completion.

Money Laundering

2026 (7) TMI 1675

Mandatory bail conditions in money-laundering cases prevail where the original bail order disregards material evidence and statutory presumptions.

Money Laundering

2026 (7) TMI 1549

Anticipatory bail under money-laundering law remains available where overseas service defects undermine allegations of deliberate evasion.

Money Laundering

2026 (7) TMI 1548

Proceeds of crime require a proven link to a completed scheduled offence before money-laundering bail restrictions apply.

Money Laundering

2026 (7) TMI 1783

Supply of tangible goods requires independent use by another; freight concessions for private wagons are not taxable consideration.

Service Tax

2026 (7) TMI 1782

Recognised educational qualifications cover statutory professional-course stages, exempting CA-CPT, ICWA-Foundation and Intermediate coaching from service tax.

Service Tax

2026 (7) TMI 1781

Independent sub-contractor service tax liability survives principal contractor payment, but interpretational disputes cannot support extended limitation.

Service Tax

2026 (7) TMI 1674

Recovery from legal heirs requires statutory machinery; deceased sole proprietor's service-tax garnishee demand could not be enforced.

Service Tax

2026 (7) TMI 1673

Electricity transmission-related rentals, supervision charges and reimbursements qualified for exemption, leaving related service tax demands unsustainable.

Service Tax

2026 (7) TMI 1623

Extended limitation requires proof of wilful suppression or evasion intent; third-party tax data alone cannot sustain service-tax demands.

Service Tax

2026 (7) TMI 1780

Testing samples without prescribed removal and utilisation records may face excise duty as goods removed for home consumption.

Central Excise

2026 (7) TMI 1779

Clandestine removal requires tangible corroborative evidence; estimated stock discrepancies alone cannot sustain excise duty, extended limitation, or penalties.

Central Excise

2026 (7) TMI 1672

Effective cross-examination and consideration of material submissions required fresh excise adjudication after natural justice breaches were identified.

Central Excise

2026 (7) TMI 1671

Restoration of default-dismissed appeals requires Tribunal consideration where sufficient cause for non-appearance is established under procedural rules.

Central Excise

2026 (7) TMI 1616

Contractual default deposits remain liquidated damages, excluded from transaction value and incapable of supporting extended recovery or penalties.

Central Excise

2026 (7) TMI 1615

Finality of refund entitlement bars later recovery or rejection based on a renewed unjust enrichment objection.

Central Excise

2026 (7) TMI 1670

Natural justice requires tax appeals to address written grounds; dismissal solely for non-appearance is invalid for non-application of mind.

VAT / Sales Tax

2026 (7) TMI 1613

Recovery from pension benefits requires impleading affected officers and providing them a fair opportunity of hearing.

VAT / Sales Tax

2026 (7) TMI 1612

Entry tax reassessment must reflect actual invoice recoveries after arbitral awards affecting meter-tampering charges.

VAT / Sales Tax

2026 (7) TMI 1611

Final resolution of underlying VAT liability required quashing forgery proceedings against a similarly placed co-accused.

VAT / Sales Tax

2026 (7) TMI 1610

Statutory interest on tax refunds remains payable despite departmental revision withdrawal under the monetary-limit litigation policy.

VAT / Sales Tax

2026 (7) TMI 1609

Turnover enhancement requires cogent evidence of undisclosed transactions; non-production of books during survey alone is insufficient.

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 1778

Statutory composition of MSME Councils determines jurisdiction, making awards by overconstituted Councils void and open to writ challenge.

Indian Laws

2026 (7) TMI 1777

Independent criminal investigation may continue despite suspension of bank fraud classification, absent express restraint or demonstrated abuse of process.

Indian Laws

2026 (7) TMI 1669

Interim protection for unsecured project loans may require borrowers to create the contractually mandated Debt Service Reserve.

Indian Laws

2026 (7) TMI 1608

Inherent criminal jurisdiction remains limited where complaint material shows no prima facie offence and the dispute is civil.

Indian Laws

2026 (7) TMI 1529

Anticipated royalty governs stamp-duty valuation of indeterminate Government mining leases, while dead rent remains only a minimum payment.

Indian Laws

2026 (7) TMI 1528

Contractual GST computation remains arbitrable, but awards cannot apply unincorporated EPC tax guidelines to item-rate contracts.

Indian Laws


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