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Recent Case Laws

View All
2026 (11) TMI 640

Split writ and appeal challenges to a single adjudication order may be declined despite transaction-specific jurisdictional objections.

GST

2026 (11) TMI 639

Minor GST breaches below the statutory tax threshold carry no penalty, while disputed tax and interest remain payable.

GST

2026 (11) TMI 638

GST demands substantially exceeding the notice amount and naming a different entity cannot be justified as typographical errors.

GST

2026 (11) TMI 637

Excess appellate pre-deposit is refundable as security when an unchallenged rectification reduces the tax demand.

GST

2026 (11) TMI 636

GST registration cancellation requires detailed allegations and a reasonable opportunity to reply and attend a hearing

GST

2026 (11) TMI 635

Input tax credit depends on actual receipt of goods, not invoices alone, with fraud-based recovery and penalties potentially applicable.

GST

2026 (11) TMI 615

Share premium on capital account raises reassessment questions where the premium exceeds the intrinsic value of shares

Income Tax

2026 (11) TMI 614

Losses on depreciable asset sales under the block method fall outside the straight-line power asset rules in Section 41(2).

Income Tax

2026 (11) TMI 613

Extended reassessment requires disclosure failure, not an assessing authority's failure to apply an existing judgment during scrutiny assessment.

Income Tax

2026 (11) TMI 612

Time-share membership fees under mercantile accounting are taxable over the membership period rather than entirely on receipt.

Income Tax

2026 (11) TMI 611

Capital gains assessment revision requires both error and revenue prejudice, not substitution of a plausible view after examination

Income Tax

2026 (11) TMI 610

Delayed cooperative society returns may be treated as timely for tax deductions where sufficient cause and genuine hardship are shown.

Income Tax

2026 (11) TMI 79

Benami law amendments apply retrospectively to confiscation machinery, while new offences and enhanced punishments apply only prospectively.

Benami Property

2026 (11) TMI 559

Review of benami property proceedings requires consideration of procedural review rules, even where permission to seek review is granted.

Benami Property

2026 (11) TMI 243

Review jurisdiction and delay condonation: whether court-granted liberty permits relief without considering the statutory bar on review.

Benami Property

2026 (11) TMI 242

Benami property attachment for earlier transactions was set aside alongside related Tribunal orders following an accepted prior decision.

Benami Property

2026 (11) TMI 241

Cross-examination in benami proceedings is not automatic when parties have a fair opportunity to rebut relied-upon material.

Benami Property

2026 (10) TMI 2040

Benami property tests: corroborated ownership evidence supports attachment despite later retraction and unverified funding claims.

Benami Property

2026 (11) TMI 592

Foreign trade policy interpretation remains within statutory appellate jurisdiction despite administrative finality provisions in customs exemption disputes

Customs

2026 (11) TMI 591

Non-existent precedents and independent decision-making in customs proceedings: consent quashing leaves the allegations unadjudicated and requires a fresh decision.

Customs

2026 (11) TMI 590

Customs penalties for attempted illegal export can rest on corroborated voluntary statements when alleged retractions are unsubstantiated.

Customs

2026 (11) TMI 589

Bank guarantees for provisionally released distillate oils may be discharged upon consideration of end-use certification and bond execution

Customs

2026 (11) TMI 588

Past import misdeclaration requires reliable evidence; later consignment findings alone cannot establish liability for anti-dumping duty.

Customs

2026 (11) TMI 587

Gold smuggling allegations require more than foreign markings; credible domestic procurement records can defeat confiscation and consequential penalties.

Customs

2026 (11) TMI 584

Stamp duty exemption for parent-subsidiary amalgamations applies to approval orders when the subsidiary is wholly owned

Companies Law

2026 (11) TMI 583

Corporate name similarity to a registered trade mark is assessed without determining likelihood of confusion at the interim stage.

Companies Law

2026 (11) TMI 509

Company management disputes involve fiduciary duties, share allotments, disclosure obligations, joint-management expectations and limits on factual review.

Companies Law

2026 (11) TMI 508

Company property rights remain enforceable through civil suits despite parallel proceedings alleging oppression and mismanagement of company affairs.

Companies Law

2026 (11) TMI 507

Quashing deposit complaints on defence material requires impeccable material that conclusively displaces allegations without taking evidence.

Companies Law

2026 (11) TMI 506

Prospectus expert consent alone does not establish criminal liability, and delayed complaints require justification to overcome the limitation period.

Companies Law

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 (11) TMI 505

Anticipatory bail in organised investment fraud depends on alleged involvement, investigative needs and potential custodial interrogation.

SEBI

2026 (10) TMI 647

Director Liability for Regulatory Refunds Survives Resignation When Tenure Overlaps Investor Fund Mobilisation and Final Recovery Directions

SEBI

2026 (10) TMI 646

Inspection rights in regulatory proceedings exclude electronic material outside the record and not relied upon

SEBI

2026 (10) TMI 402

Finality of unchallenged adjudication orders preserves recovery of fees collected through unregistered investment advisory services after appellate challenge fails.

SEBI

2026 (10) TMI 319

Suspected cross-segment price manipulation supports interim market restraints and joint and several impounding of gains pending investigation.

SEBI

2026 (11) TMI 582

Civil contempt for non-payment requires specific charges and proof of wilful disobedience, not directorship alone

IBC

2026 (11) TMI 504

Resolution plan approval ends pre-existing money-laundering attachments on covered property when statutory clean-slate conditions are met

IBC

2026 (11) TMI 503

Corporate debtor immunity after liquidation does not shield directors personally involved in alleged offences before insolvency proceedings.

IBC

2026 (11) TMI 502

Corporate guarantor proceedings may follow the principal borrower's insolvency forum, while direct debt and default independently support insolvency initiation.

IBC

2026 (11) TMI 501

Shareholder standing to appeal resolution plan approval does not arise solely from a residual distribution to equity holders

IBC

2026 (11) TMI 500

Resolution plan deferral pending appeal does not justify adverse findings where stakeholders rely in good faith on finality clauses.

IBC

2026 (11) TMI 320

Non-resident rights shares depend on compliant existing holdings, with inquiry procedures and penalty proportionality also relevant to foreign-exchange enforcement.

FEMA

2026 (10) TMI 979

Corroborated retracted statements support foreign-exchange liability, while unquantified contraventions require proportionate monetary penalties based on proved circumstances.

FEMA

2026 (10) TMI 2030

Saved FERA penal proceedings remain subject to criminal appellate jurisdiction despite FEMA's separate appellate framework.

FEMA

2026 (10) TMI 1498

Roster allocation for foreign-exchange adjudication writ petitions places them in the revenue-and-tax group, not the residuary group.

FEMA

2026 (10) TMI 1308

Reasoned adjudicatory orders require disclosed evidence and reasons, requiring fresh adjudication where a penalty finding lacks support.

FEMA

2026 (10) TMI 1080

Foreign-exchange contraventions require proven seizure, admissible records, and corroborated voluntary statements before statutory presumptions or burden shifting can operate.

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 (11) TMI 581

Competition investigations require an independently formed prima facie opinion, even where a court directs action under law.

Law of Competition

2026 (11) TMI 447

Bid rigging and tacit acquiescence raise competition law issues alongside individual liability, income-based penalties and natural justice.

Law of Competition

2026 (11) TMI 499

Provisional attachment after quashing a predicate-offence FIR requires independent assessment of proceeds of crime and other underlying FIRs.

Money Laundering

2026 (11) TMI 498

Substitution of attached land with alternate assets permitted subject to title, non-alienation and third-party rights safeguards.

Money Laundering

2026 (11) TMI 446

Spurious cancer medicines and money laundering raise bail questions over statement admissibility and foundations for proceeds of crime.

Money Laundering

2026 (11) TMI 374

Written arrest grounds and bail cancellation: existing bail remains in force for earlier arrests absent alleged misuse or other grounds.

Money Laundering

2026 (11) TMI 373

Proceeds of crime attachment can reach holders not accused of scheduled offences when independently formed belief rests on material.

Money Laundering

2026 (11) TMI 319

Bank balance attachment as proceeds of crime rested on a recorded statement and an admitted debt to an accused-controlled entity.

Money Laundering

2026 (11) TMI 580

Service tax proceedings against a deceased sole proprietor abate where legislation provides no authority to proceed against legal heirs.

Service Tax

2026 (11) TMI 579

Refundable project deposits become taxable on conversion; disclosure removes the suppression penalty, but late return filing remains penalised.

Service Tax

2026 (11) TMI 578

Service tax record discrepancies alone do not establish intent to evade tax or justify an extended limitation period

Service Tax

2026 (11) TMI 577

Overseas subcontracted services to an Indian EPC contractor attract service tax when export requirements are not met

Service Tax

2026 (11) TMI 576

Service tax exemptions for advocate services exclude incorporated companies, while unproved suppression cannot extend recovery limits or sustain penalties.

Service Tax

2026 (11) TMI 575

Evidence first produced on appeal requires verification, not automatic rejection, before tax liability for road works is determined.

Service Tax

2026 (11) TMI 492

Broadcasting invoices to an advertising agency do not bar CENVAT credit when the manufacturer bears tax and documentation is adequate.

Central Excise

2026 (11) TMI 444

Interest on refunded pre-deposits remains unresolved amid a larger-bench reference arising from divergent views on the applicable rate.

Central Excise

2026 (11) TMI 443

Ayurvedic medicine classification requires proof for a proposed cosmetic classification when licences and drug-control evidence support medicinal character.

Central Excise

2026 (11) TMI 367

Job workers bear excise duty as manufacturers, while confiscation requires evidence and repacking may be revenue neutral.

Central Excise

2026 (11) TMI 366

Imported warranty replacement components lose duty exemption without factory use, while eligible Cenvat credit remains available.

Central Excise

2026 (11) TMI 365

Prescription lens fitting is assembly, not manufacture, for central excise purposes even when incidental refining and adjustments are required.

Central Excise

2026 (11) TMI 574

Entry-tax set-off disallowance leaves admitted tax shortfalls payable separately before settlement, even where disputed tax is calculated independently.

VAT / Sales Tax

2026 (11) TMI 573

Entry tax assessment objections remain unresolved as the constitutional challenge is not pressed and statutory appeal remains available

VAT / Sales Tax

2026 (11) TMI 301

Sales tax surcharge retains its character as a tax on sales despite being calculated on the tax itself

VAT / Sales Tax

2026 (11) TMI 300

Electricity infrastructure charges can attract VAT as consideration for the right to use goods despite retained licensee control.

VAT / Sales Tax

2026 (11) TMI 299

Quasi-judicial immunity does not bar disciplinary scrutiny of alleged misconduct in rectifying orders that reduced confirmed demands.

VAT / Sales Tax

2026 (11) TMI 225

Silver-palladium alloy taxation follows silver bullion classification under the notification, rather than classification with inferior alloys.

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 955

Independent fiscal offences permit prosecution for delayed returns or knowingly false tax statements without prior assessment or quantified evasion.

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

2026 (11) TMI 572

Motor vehicle tax on factory-held stock applies without actual road use, while registration requirements extend to internal driving.

Indian Laws

2026 (11) TMI 571

Urgent interim relief and pre-institution mediation: plausible urgency supported an exemption alongside temporary protection against alleged headnote copying.

Indian Laws

2026 (11) TMI 570

Stamp duty exemption covers amalgamation of wholly owned sister subsidiaries, with unstayed coordinate-bench precedent binding despite challenge.

Indian Laws

2026 (11) TMI 491

Dishonoured cheque claims for chitty debts require proof of the underlying transaction, not merely production of the cheque.

Indian Laws

2026 (11) TMI 298

Stamp duty on multi-state loan agreements turns on completed execution, with contractual facility schedules relevant to stated monetary values.

Indian Laws

2026 (11) TMI 222

Cheque dishonour liability requires an enforceable debt when cheques are issued against a subsequently set-aside tax assessment.

Indian Laws





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