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Recent Case Laws

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2026 (8) TMI 145

Vicarious liability for fraudulent input tax credit requires prosecution of the company before proceedings against its director can continue.

GST

2026 (8) TMI 144

GST adjudication limitation and hearing requirements render delayed, unreasoned tax determinations legally unsustainable.

GST

2026 (8) TMI 143

Regular bail for alleged bogus input tax credit fraud granted where documentary evidence reduced tampering risks.

GST

2026 (8) TMI 142

Valid GST service requires prescribed delivery; portal-only uploading cannot support ex parte adjudication or start appeal limitation.

GST

2026 (8) TMI 141

Statutory appellate remedy preserved, allowing delayed GST appeal subject to pre-deposit and consideration of delay condonation.

GST

2026 (8) TMI 140

GST portal notice accessibility failure invalidated ex parte assessment and appellate order, permitting fresh adjudication through proper notice.

GST

2026 (8) TMI 137

Ambiguous penalty notices for concealment or inaccurate particulars remain legally unresolved as the question of law stays open.

Income Tax

2026 (8) TMI 136

Reassessment jurisdiction remains independent of return-processing appeals unless identical issues are established; preliminary writ intervention stays limited.

Income Tax

2026 (8) TMI 135

Captive power benchmarking and industrial incentive treatment support tax relief across transfer pricing, deductions, depreciation and book-profit computation.

Income Tax

2026 (8) TMI 134

Overseas branch interest remains outside withholding disallowance, while head office cost classification requires statutory factual testing.

Income Tax

2026 (8) TMI 133

Co-operative bank interest qualifies for Section 80P(2)(d) deduction despite the exclusion applicable to co-operative banks themselves.

Income Tax

2026 (8) TMI 132

Charitable tax exemption protects incidental rental income and grant accounting absent evidence of private diversion or non-charitable application.

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 (8) TMI 121

Departmental appeal thresholds require withdrawal of low-duty CESTAT matters without deciding merits, while leaving legal questions open.

Customs

2026 (8) TMI 120

Provisional release applications require a personal hearing and reasoned decision within the prescribed timeline after customs seizure.

Customs

2026 (8) TMI 119

Advocate summons for legal opinions require rare exceptional circumstances; withdrawal rendered the related writ challenge infructuous.

Customs

2026 (8) TMI 118

Natural justice in customs settlements requires disclosure of adverse reports before enhanced duty liability is determined.

Customs

2026 (8) TMI 117

Settled export classification cannot be reopened through fresh misclassification notices, requiring release of withheld export benefits.

Customs

2026 (8) TMI 116

Prospective operation of adverse customs circulars prevents retrospective additional duty recovery on previously exempt imported ore concentrates.

Customs

2026 (8) TMI 26

Police-assisted eviction requires Company Court approval while a purchaser's vacant-possession application remains pending for consideration.

Companies Law

2026 (8) TMI 25

Statutory auditor criminal liability requires statutory duty, knowing falsehood or omission, and pleaded wilful default; negligence alone is insufficient.

Companies Law

2026 (8) TMI 109

Unadjudicated pleadings do not determine statutory status, while mandamus requires prior demand and demonstrated refusal of mandatory duty.

Companies Law

2026 (7) TMI 1952

Preference shareholders' class-rights variation and interim relief nexus upheld, with no interference in the High Court's decision.

Companies Law

2026 (7) TMI 1951

Disclosure of SFIO investigation orders may be withheld at the preliminary stage to protect ongoing multi-entity investigations.

Companies Law

2026 (7) TMI 1858

FIR quashing limits preserved investigation into alleged forged loan-security documents despite pending insolvency proceedings and indoor management claims.

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 (8) TMI 24

Resolution plan finality can extinguish excluded claims and justify staying money-decree execution without mandatory deposit pending appeal.

IBC

2026 (8) TMI 23

Timely challenge to contingent claim classification is essential; implemented resolution plans cannot be reopened through delayed creditor claims.

IBC

2026 (8) TMI 22

TReDS reverse factoring preserves trade receivables as operational debt, preventing post-implementation reclassification from reopening a completed resolution process.

IBC

2026 (8) TMI 21

Liquidation asset access rights may be protected when post-insolvency obstruction directly impairs saleability and value realisation.

IBC

2026 (8) TMI 108

Uncrystallized provident fund interest and damages need not be included in an approved insolvency resolution plan.

IBC

2026 (8) TMI 107

Committee of Creditors recommendations must guide liquidator appointments, subject to statutory replacement grounds and regulatory authorisation verification.

IBC

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 726

Director liability under FEMA requires proof of control or culpable involvement; mere designation alone does not justify penalty.

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 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 (8) TMI 19

Pre-cognizance hearing under PMLA requires cognizance proceedings to restart, while custody and bail follow statutory procedure.

Money Laundering

2026 (8) TMI 18

Anticipatory bail in money-laundering cases denied where money-trail investigation remained necessary and statutory twin conditions were unsatisfied.

Money Laundering

2026 (8) TMI 105

Freezing orders under anti-money-laundering law require recorded reasons and compliance with statutory safeguards before adjudicatory confirmation.

Money Laundering

2026 (8) TMI 104

Anticipatory bail in money-laundering investigation denied, with the special leave petition for pre-arrest protection dismissed.

Money Laundering

2026 (8) TMI 103

Medical bail requires demonstrated necessity; clinical stability and assured treatment led to dismissal of interim bail request.

Money Laundering

2026 (8) TMI 102

Resolution-plan assets receive restitution protection, while corporate-debtor immunity preserves proceedings against former management and other liable persons.

Money Laundering

2026 (8) TMI 99

Manpower supply classification depends on contractual substance, sustaining service-tax demand, extended limitation, and penalty despite output-based payment terms.

Service Tax

2026 (8) TMI 98

Statutory limitation for service-tax appeals bars condonation beyond the prescribed additional period, irrespective of the dispute's merits.

Service Tax

2026 (8) TMI 97

Pure-agent treatment excludes only recipient liabilities; undisclosed stockbroker transaction charges remain taxable and support extended limitation.

Service Tax

2026 (8) TMI 96

Input-service nexus already settled for exported services cannot justify denial of accumulated Cenvat credit refund.

Service Tax

2026 (8) TMI 101

Composite construction agreements lacked a valuation mechanism before July 2010, defeating service tax and consequential penalties.

Service Tax

2026 (8) TMI 100

Works contract exemption applies where goods pass by accretion, while bona fide tax disputes bar extended limitation.

Service Tax

2026 (8) TMI 95

Review jurisdiction requires a demonstrable error; additional grounds and delayed filing did not justify reopening the prior dismissal.

Central Excise

2026 (8) TMI 94

Input service nexus with manufacture permits Cenvat credit for fly ash pond operations and inward transportation outside factory premises.

Central Excise

2026 (8) TMI 93

Mechanical adjournment requests can undermine justice delivery and result in dismissal of appeals for non-prosecution.

Central Excise

2026 (8) TMI 92

Repeated adjournments and non-prosecution can lead to dismissal when statutory limits on adjournment requests are exceeded.

Central Excise

2026 (8) TMI 13

Extended limitation requires suppression or equivalent conduct; an excise-duty demand based on audited records was time-barred.

Central Excise

2026 (8) TMI 12

CENVAT credit on pre-amendment structural supports remains available where materials enable installation and functioning of capital goods.

Central Excise

2026 (8) TMI 91

Security deposit retention requires proven contractual loss; unsubstantiated input tax credit claims cannot justify continued withholding after expiry.

VAT / Sales Tax

2026 (8) TMI 7

Review petition repeating previously considered grounds and identical relief is not maintainable and fails on merits.

VAT / Sales Tax

2026 (8) TMI 6

Wilful suppression of turnover supports penalty when return omissions and unexplained delayed disclosures establish deliberate non-reporting.

VAT / Sales Tax

2026 (8) TMI 5

Input tax credit requires independent proof of genuine purchases and physical goods movement, not merely self-generated transaction records.

VAT / Sales Tax

2026 (8) TMI 4

Show-cause notice limits fiscal levies; format-based rejection of taxpayer records requires fresh assessment with meaningful hearing.

VAT / Sales Tax

2026 (8) TMI 3

Timely rectification representations remain maintainable where administrative inaction caused delay, requiring fresh consideration under law.

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 90

Professional negligence allegations against advocates remain within Bar Council discipline; banking fraud lists cannot impose sector-wide professional sanctions.

Indian Laws

2026 (8) TMI 89

Pre-summoning documentary inquiry supports cheque-dishonour proceedings, while disputed liability and premature presentation defences require trial evidence.

Indian Laws

2026 (8) TMI 88

Cheque dishonour presumptions prevail where repayment remains unproved, sustaining liability for an account-closed cheque issued against matured debt.

Indian Laws

2026 (8) TMI 87

Non-signatory spouse liability for cheque dishonour fails where proprietorship status, demand notice, and pre-summoning safeguards are defective.

Indian Laws

2026 (8) TMI 146

Post-award interim measures remain available to unsuccessful arbitration parties, but require exceptional and compelling grounds before award enforcement.

Indian Laws

2026 (7) TMI 1930

Voluntary cheque execution must be proved before presumptions of consideration and liability can apply in a disputed civil claim.

Indian Laws


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