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Recent Case Laws

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2026 (10) TMI 99

Natural justice in Section 74 hearings requires notice of any rescheduled hearing before ex parte determination.

GST

2026 (10) TMI 98

Audit-reply consideration under Rule 101(4) does not alone invalidate a Section 74 show-cause notice before adjudication.

GST

2026 (10) TMI 97

GST penalty liability reaches non-taxable beneficiaries only for transactions occurring after the provision took effect.

GST

2026 (10) TMI 96

Commercial services in designated smoking areas: hookah provision is prohibited; police enforce compliance, while local licensing authority is absent.

GST

2026 (10) TMI 95

Pre-arrest communication of reasons to believe is mandatory; inquiry summonses cannot substitute for promised arrest notice.

GST

2026 (10) TMI 100

Writ jurisdiction against GST show-cause notices: alternative statutory remedy remained available with extended limitation for recourse.

GST

2026 (10) TMI 68

Reassessment limitation challenge failed where an unexplained delay in filing the Special Leave Petition barred intervention.

Income Tax

2026 (10) TMI 67

Draft assessment order requirements under Section 144C shape forum selection, assessment validity, limitation, and remand-related reassessment powers.

Income Tax

2026 (10) TMI 66

Assessment-year relevance of transaction entries must be determined; reliance on subsequent-year credits can invalidate assessment and revision.

Income Tax

2026 (10) TMI 65

Condonation of delay requires sufficient cause; unexplained prolonged delay and unrectified defects render an appeal time-barred.

Income Tax

2026 (10) TMI 64

Bank securities valuation permits revaluation losses, while non-rural bad debts remain deductible independently of rural-advance provisions.

Income Tax

2026 (10) TMI 63

Pending insolvency proceedings left tax appeal questions unanswered while the Department pursued its protected claim in settlement proceedings.

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 1948

Section 24 provisional attachment permits same-day notice, approval and attachment when statutory conditions and prior approval are satisfied.

Benami Property

2026 (9) TMI 1390

Final tax adjudication findings negating benami transactions and confirming disclosure undermined prosecution, requiring quashing of criminal proceedings.

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 1545

Benami property exceptions protect a father's purchase in minor children's names from statutory bar and plaint rejection.

Benami Property

2026 (10) TMI 28

Board appeal instructions make low-tax-effect departmental challenges before CESTAT non-maintainable and support withdrawal of pending appeals.

Customs

2026 (10) TMI 27

Prospective operation of exemption notifications protects imports under pre-amendment bills of lading and preserves consideration of provisional release.

Customs

2026 (10) TMI 26

Prospective operation of exemption-notification amendments preserves provisional release rights where bills of lading pre-date the amendment.

Customs

2026 (10) TMI 25

Re-export of seized SEZ imports permitted pending customs adjudication on bond and bank-guarantee security requirements.

Customs

2026 (10) TMI 24

Solar photovoltaic customs exemptions extend to integrated circuit-pattern machinery and PVF backsheets, defeating confiscation consequences.

Customs

2026 (10) TMI 23

DGFT duty-paid EPCG regularisation prevents customs confiscation and penalties for alleged notification breaches after export-obligation settlement.

Customs

2026 (9) TMI 2073

Forensic audit scope remains limited to debtor-bank transactions, excluding unrestricted scrutiny of banks' wider affairs.

Companies Law

2026 (9) TMI 2013

Oral corporate agreements remain valid under general contract law, while representative authority requires evidence rather than plaint-stage rejection.

Companies Law

2026 (9) TMI 2012

Consent terms in oppression proceedings can settle challenges to articles amendments and rights issues without merits adjudication.

Companies Law

2026 (9) TMI 1936

Nominee director liability requires involvement in company affairs, not appointment alone, where deposit-repayment directions remain unmet.

Companies Law

2026 (9) TMI 1935

Abeyance of NCLT proceedings pending completion of governmental investigation proceedings and submission of the report.

Companies Law

2026 (9) TMI 1934

Reasoned Findings in Corporate Oppression Claims Protect Parties from Unexplained Dismissal and Unfair Perjury Consequences

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 1675

Statutory appellate remedy for interim securities restrictions takes priority over writ jurisdiction, preserving objections before the designated appellate forum.

SEBI

2026 (9) TMI 2011

Liquidation-auction forfeiture clauses can cover deposited sale consideration when a successful bidder defaults despite disclosed title concerns.

IBC

2026 (9) TMI 2010

Personal guarantor settlements do not confer financial creditor priority or interrupt statutory liquidation estate distributions.

IBC

2026 (9) TMI 2009

Central Sales Tax recovery machinery does not create secured debt or insolvency priority for State tax dues.

IBC

2026 (10) TMI 19

Fit and proper insolvency professional status cannot be denied solely because disciplinary proceedings continue after punishment is stayed.

IBC

2026 (10) TMI 18

Pre-suspension default controls Section 10A despite a mistaken Form I date and failed One-Time Settlement in CIRP applications.

IBC

2026 (10) TMI 17

Recall of ex parte orders cannot be denied on delay where express liberty was granted to contest pending proceedings.

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 2006

FEMA civil penalties apply without mens rea where charitable trusts retain non-resident rupee borrowings beyond permitted periods.

FEMA

2026 (9) TMI 1846

Mandatory FEMA preliminary procedure invalidates adjudication where borrower eligibility is assessed without considering applicable external borrowing circulars.

FEMA

2026 (9) TMI 1427

Prospective application of FEMA seizure powers permits scrutiny of post-commencement payments, while unreasoned NOC refusals require reconsideration.

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 (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 2072

PMLA Property Restoration Requires Qualifying Claimants and Separates Attached Promoter Assets from Corporate Insolvency Proceedings

Money Laundering

2026 (9) TMI 2005

Sanction for money-laundering cognizance remains open as trial proceeds uninfluenced by earlier observations on the issue.

Money Laundering

2026 (9) TMI 2004

Material prosecution documents may enter attachment appeals, while late production can still attract procedural costs.

Money Laundering

2026 (9) TMI 2003

Prima facie proceeds-of-crime link supports property retention despite joint-family ownership claims and alleged notice defects.

Money Laundering

2026 (10) TMI 16

Medical interim bail under PMLA protects personal liberty where serious illness and prolonged pre-trial custody justify release.

Money Laundering

2026 (10) TMI 15

Equivalent-value attachment permits pre-offence property to secure unavailable proceeds of crime in money-laundering enforcement proceedings.

Money Laundering

2026 (9) TMI 2002

Extended limitation for service tax recovery fails where VAT and ST-3 returns disclose all relevant taxable transactions.

Service Tax

2026 (9) TMI 2001

Service-tax demand requires supported turnover evidence, while qualifying residual receipts receive threshold exemption from tax liability.

Service Tax

2026 (9) TMI 2000

Extended limitation for reverse-charge service-tax interest cannot apply where tax was paid through permissible CENVAT credit.

Service Tax

2026 (10) TMI 14

Procedural proof delays cannot defeat Sabka Vishwas discharge certificates after timely payment and appeal withdrawal.

Service Tax

2026 (10) TMI 13

Reverse-charge liability for foreign-bank charges fails without proof that the exporter received identified taxable services.

Service Tax

2026 (10) TMI 12

Refund exemption compliance distinguishes condonable Form EXP2 filing lapses from mandatory shipping-bill endorsement of foreign-agent commission.

Service Tax

2026 (9) TMI 2071

Appellate forum allocation for service-taxability disputes excludes statutory appeals over intermediary and export-service characterisation at the incorrect forum.

Central Excise

2026 (10) TMI 9

Cenvat credit remains available for capital goods used to manufacture plant and machinery embedded permanently to earth.

Central Excise

2026 (10) TMI 8

Movable telecom towers support CENVAT credit and preserve related service credits and SEZ exemption for mobile operators.

Central Excise

2026 (10) TMI 7

Post-Closure Cenvat Credit Refunds Must Meet Statutory Limitation and Cannot Use the Pre-Deposit Refund Procedure

Central Excise

2026 (10) TMI 11

Service classification disputes on taxability follow the exclusive appellate route prescribed for assessment-related questions under the Central Excise framework.

Central Excise

2026 (10) TMI 10

Statutory service requirements determine appeal limitation, while a filing deadline falling Sunday extends to the next working day.

Central Excise

2026 (9) TMI 1910

Statutory appellate remedy for uncalculated DVAT interest requires challenge through appeal rather than writ proceedings.

VAT / Sales Tax

2026 (9) TMI 1909

Mandatory time limits for remanded assessments extinguish unrenewed tax demands and require refund of related objection-stage pre-deposits.

VAT / Sales Tax

2026 (9) TMI 1908

Pre-deposit compliance cannot be insisted upon before verifying whether an appellant was required to file the disputed e-return.

VAT / Sales Tax

2026 (10) TMI 6

Manufacturing-use concession covers precision instruments unless they are plant and machinery, while non-concessional imported goods face higher tax.

VAT / Sales Tax

2026 (10) TMI 5

Input tax credit remains available when genuine purchases and goods movement are proven despite supplier tax default.

VAT / Sales Tax

2026 (10) TMI 4

Recorded Software Media Classification places pre-recorded CDs and DVDs under the lower VAT entry, not the blank-media entry.

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

2026 (10) TMI 3

Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.

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 1907

Statutory appellate jurisdiction cannot be transferred to an Arbitral Tribunal by converting a Section 37 appeal into Section 17 relief.

Indian Laws

2026 (9) TMI 1906

Agricultural produce classification excludes commercially distinct manufactured rice products, invalidating market-fee coverage created through executive scheduling.

Indian Laws

2026 (9) TMI 1905

Cheque dishonour presumptions: admitted signature shifts the evidentiary burden, while unsupported blank-cheque claims and routine revision challenges fail.

Indian Laws

2026 (9) TMI 1904

Statutory conciliation notices under MSMED law are not subject to premature Article 227 review, despite parallel commercial proceedings.

Indian Laws

2026 (10) TMI 2

Mandatory pre-process inquiry for out-of-jurisdiction accused requires remittal, not termination, where prima facie forgery and cheating allegations persist.

Indian Laws

2026 (10) TMI 1

Police assistance costs under SARFAESI cannot be imposed on secured creditors as a possession condition.

Indian Laws


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