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Recent Case Laws

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2026 (8) TMI 992

Special Leave Petition dismissal leaves High Court orders intact while preserving challenge to the State Tax authority's order.

GST

2026 (8) TMI 991

Premature tender challenge fails where commercial justification requests do not reject, disqualify, or finally determine bid rights.

GST

2026 (8) TMI 990

Corporate guarantee valuation must reflect ascertainable actual consideration and cannot retrospectively burden pre-rule related-party guarantee transactions.

GST

2026 (8) TMI 989

Fraud-based GST assessment requires recorded material, reasons and hearing; jurisdictionally defective demands may still face writ review.

GST

2026 (8) TMI 988

GST portal-only notice after registration cancellation is ineffective, requiring fresh service and a personal hearing before adverse adjudication.

GST

2026 (8) TMI 987

State tax officer jurisdiction and statutory appeals limit writ intervention after participation in penalty proceedings without timely objection.

GST

2026 (8) TMI 972

Bright Line Test cannot support advertising, marketing and promotion transfer-pricing adjustments, requiring rejection of the proposed adjustment.

Income Tax

2026 (8) TMI 971

Service of hearing notice is essential before an ex parte merits decision; the appeal requires fresh adjudication.

Income Tax

2026 (8) TMI 970

Article 289 immunity protects State-controlled conservation funds and incidental interest applied solely to sovereign environmental purposes.

Income Tax

2026 (8) TMI 969

Valid service of show-cause notices is essential; unproven postal and email service invalidated ex parte service-tax adjudication.

Income Tax

2026 (8) TMI 968

Reassessment after scrutiny fails where disclosed transactions were examined and no contractual interest obligation existed.

Income Tax

2026 (8) TMI 967

Change of opinion barred reassessment where alleged escaped income had already been examined and subsumed in original scrutiny.

Income Tax

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 817

Benami property transactions arise where beneficial ownership funds acquisitions and ostensible owners cannot prove independent means or genuine loans.

Benami Property

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 940

Customs Broker licensing obligations bar clearance work through another broker's credentials without importer authorisation, supporting licence revocation and penalties.

Customs

2026 (8) TMI 939

Export valuation requires contemporaneous evidence; unrelated invoices cannot establish overvaluation, and duplicate penalties on firm and partner fail.

Customs

2026 (8) TMI 938

Export valuation allegations fail where later shipping bills lack independent enquiry and the underlying valuation findings collapse.

Customs

2026 (8) TMI 937

Supplementary show cause notices cannot create time-barred customs demands without evidence, procedural compliance, and a fair opportunity to respond.

Customs

2026 (8) TMI 936

Ship stores retained for crew consumption after coastal conversion fall outside DGFT import restrictions and cannot support confiscation or penalties.

Customs

2026 (8) TMI 869

Final customs assessments limit refund claims based on cum-duty valuation, clerical correction, and subsequent reassessment mechanisms.

Customs

2026 (8) TMI 935

Conditional creditor consent requires scrutiny before revival scheme approval, ensuring informed assent, fairness, and valid statutory majority support.

Companies Law

2026 (8) TMI 806

Invoice recovery limitation remains unaffected by winding-up proceedings, while valid partnership registration preserves capacity to sue.

Companies Law

2026 (8) TMI 735

Functus officio bars intervention and recall in concluded writ proceedings without a demonstrated subsisting affected right.

Companies Law

2026 (8) TMI 734

Pre-emptive share-transfer rights void outsider transfers that bypass Board-led member offers and prescribed valuation procedures under company articles.

Companies Law

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 934

Associate-company and related-party definitions prevail over accounting indicators, defeating fraud, consolidation and disclosure allegations without proof of control.

SEBI

2026 (8) TMI 863

Material event disclosure requires conspicuous reporting of terminated acquisition agreements; a footnote in financial results is insufficient.

SEBI

2026 (8) TMI 805

Insider trading prohibition applies to securities sales while possessing unpublished price sensitive information unless a recognised exonerating circumstance is proved.

SEBI

2026 (8) TMI 733

Mitigating factors can reduce statutory minimum penalties where no overriding clause applies, while ineffective notice invalidates enforcement orders.

SEBI

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 (8) TMI 862

Insolvency professional services by advocates fall under forward charge, while reverse charge remains confined to legal services.

IBC

2026 (8) TMI 861

Continuing personal guarantees cover assented facility renewals and contractual interest beyond the stated principal limit in insolvency proceedings.

IBC

2026 (8) TMI 860

Final insolvency orders bar collateral challenges to consequential bankruptcy proceedings against a personal guarantor after valid service.

IBC

2026 (8) TMI 804

Limitation for operational debt runs from each default, barring delayed Section 9 insolvency applications despite a subsisting contract.

IBC

2026 (8) TMI 803

Belated creditor claims in insolvency raise questions over challenges to approved resolution plans and finality of the resolution process.

IBC

2026 (8) TMI 802

Resolution-plan distributions may follow admitted claim ratios, limiting dissenting secured creditors to their statutory minimum entitlement.

IBC

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 (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 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 859

Provisional attachment for alleged money laundering remains undisturbed as Supreme Court declines interference with the High Court order.

Money Laundering

2026 (8) TMI 858

Money-laundering bail requires satisfaction of statutory twin conditions; serious allegations and misuse-of-liberty risks justified denial.

Money Laundering

2026 (8) TMI 857

Proceeds-of-crime tracing upheld attachment of layered assets held through spouses, nominees, and nominal property transfers.

Money Laundering

2026 (8) TMI 800

Interim order balance protected all parties, so no interference occurred while writ petition merits remained pending.

Money Laundering

2026 (8) TMI 799

Money-laundering proceedings can survive compromise-based FIR quashing where wider alleged criminal proceeds and connected transactions remain under investigation.

Money Laundering

2026 (8) TMI 798

Proceeds of crime may include equivalent-value property, supporting retention of seizures and freezing of linked financial accounts.

Money Laundering

2026 (8) TMI 933

Sabka Vishwas scheme benefit survives a one-day payment-record discrepancy, requiring manual examination for discharge certificate issuance.

Service Tax

2026 (8) TMI 932

Extended limitation and outdoor catering taxability remain disputed for licensed pantry-car operations pending Third Member determination.

Service Tax

2026 (8) TMI 931

Corporate guarantees without consideration fall outside taxable financial services, rendering related service-tax demands, interest and penalties unsustainable.

Service Tax

2026 (8) TMI 930

Residential shared-rent recoveries escape service tax where premises are not used for commerce or business activities.

Service Tax

2026 (8) TMI 929

Corporate guarantees without consideration fall outside service tax where no commission, fee, interest, or other taxable value exists.

Service Tax

2026 (8) TMI 928

Returned plot-sale advances are outside taxable services, while pre-notice payment of tax and interest bars penalty.

Service Tax

2026 (8) TMI 919

Extended limitation requires wilful intent to evade duty; departmental knowledge of valuation facts bars time-barred excise recovery.

Central Excise

2026 (8) TMI 918

Cenvat credit for factory-made capital goods survives where end-use is proven and statutory disclosure defeats extended limitation.

Central Excise

2026 (8) TMI 917

Discharge certificate processing under the Sabka Vishwas Scheme requires manual verification where payment recorded in SVLDRS-3 is undisputed.

Central Excise

2026 (8) TMI 916

Cenvat credit survives unregistered head-office invoices when telephone services were received and used without revenue loss.

Central Excise

2026 (8) TMI 915

Outward freight credit from the factory qualified as input service before 31 March 2008, with disclosed claims protected from extended limitation.

Central Excise

2026 (8) TMI 853

Proportionate credit reversal cannot be replaced by percentage-based liability merely because disclosure lapses occur in compliance filings.

Central Excise

2026 (8) TMI 914

VAT and sales tax litigation reached the Supreme Court without disclosed underlying statutory or factual issues.

VAT / Sales Tax

2026 (8) TMI 913

Rectification jurisdiction cannot recall a final revision order to secure merits rehearing on allegedly undecided issues.

VAT / Sales Tax

2026 (8) TMI 849

Petroleum-product classification includes Hydraulic Oil as a taxable consumable, while reassessment conditions for escaped turnover remain satisfied.

VAT / Sales Tax

2026 (8) TMI 788

Gross turnover taxability of drought relief remained undisturbed where relief was invoiced and charged to the purchaser.

VAT / Sales Tax

2026 (8) TMI 787

Inter-State vehicle movements linked to dealer orders and advance payments constitute taxable sales, not exempt branch stock transfers.

VAT / Sales Tax

2026 (8) TMI 723

VAT penalty for missing transit form fails where exempt imported goods create no VAT liability.

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 982

Arbitration agreement channels termination and security-deposit disputes to commercial remedies, while admitted amounts may be released without prejudice.

Indian Laws

2026 (8) TMI 912

Retrospective ratification validates resignation acceptance, while withdrawal remains subject to the appointing authority's reasoned statutory discretion.

Indian Laws

2026 (8) TMI 911

Vicarious liability in cheque dishonour requires specific allegations of responsibility; former directors who resigned before cheque issuance cannot be prosecuted.

Indian Laws

2026 (8) TMI 910

Pre-institution mediation and attachment before judgment require distinct conditions; failed mediation permits consideration of protective asset attachment.

Indian Laws

2026 (8) TMI 848

Alternative statutory remedy under SARFAESI bars writ intervention unless extraordinary circumstances justify bypassing the Debt Recovery Tribunal.

Indian Laws

2026 (8) TMI 786

Director liability for cheque dishonour may proceed where complaints allege responsibility for the company's business affairs.

Indian Laws


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