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Recent Case Laws

View All
2026 (6) TMI 889

Extended limitation under GST Section 74 sustained on prima facie suppression of turnover and no procedural irregularity found.

GST

2026 (6) TMI 888

GST recovery of self-assessed tax and interest upheld despite notice under Section 74, with matter remitted for reconsideration

GST

2026 (6) TMI 887

GST notice-and-assessment sequence: orders without DRC-01 were remitted for fresh adjudication, while Section 74 invocation was upheld in the other batch.

GST

2026 (6) TMI 886

Rule 86A input tax credit blockage upheld where objective material indicated fraudulent credit availment and record manipulation.

GST

2026 (6) TMI 885

Composite notice for multiple assessment years held unsustainable; fresh year-wise proceedings permitted with limitation excluded.

GST

2026 (6) TMI 884

Improper service of GST notice after registration cancellation led to quashing of the assessment order for natural justice breach

GST

2026 (6) TMI 877

Ad hoc purchase disallowance under section 69C fails when audited books and quantitative records support genuine expenditure.

Income Tax

2026 (6) TMI 876

Secondment reimbursement and withholding tax turn on actual agreement terms, so the matter was sent back for fresh examination.

Income Tax

2026 (6) TMI 875

Reassessment jurisdiction cannot support a new disallowance unrelated to the recorded reasons for reopening.

Income Tax

2026 (6) TMI 874

Faceless reassessment and delay condonation: reassessment upheld, while property and cash deposit additions were remanded for fresh scrutiny.

Income Tax

2026 (6) TMI 873

Credit rating and surveillance receipts: no royalty or FTS taxation absent making available technical know-how

Income Tax

2026 (6) TMI 872

Broken period interest on debenture transfer treated as interest income, not short-term capital gain under the India-Singapore DTAA.

Income Tax

2026 (6) TMI 594

Alternate remedy in benami proceedings: writ challenges to notices and provisional attachment were withdrawn with liberty to approach the adjudicating authority.

Benami Property

2026 (6) TMI 197

Review order under benami law not separately appealable; Tribunal's restoration of appeals upheld as barred by civil procedure rules.

Benami Property

2026 (6) TMI 196

Benami transaction proved by unexplained funds and admitted use of another's name; provisional attachment upheld.

Benami Property

2026 (5) TMI 936

Unexplained cash and benami property rules: tribunal holds income-tax filing readiness does not bar PBPT Act proceedings.

Benami Property

2026 (5) TMI 711

Benami transaction law applies to continued holding of property after amendment; provisional attachment upheld.

Benami Property

2026 (5) TMI 660

Benami property inference sustained where unexplained cash routing and insufficient income failed to rebut the source of consideration

Benami Property

2026 (6) TMI 849

Undervaluation in customs imports can justify reassessment on actual transaction value and sustain linked penalties.

Customs

2026 (6) TMI 848

Common Bench transfer for connected appeals was directed to avoid parallel hearing of the same adjudication order.

Customs

2026 (6) TMI 847

Abatement on death of appellant bars continuation of appeal absent timely application by legal representative.

Customs

2026 (6) TMI 846

Limitation for GST refund claims runs from the later circular clarification date, with COVID extension also applying

Customs

2026 (6) TMI 807

Regular bail in customs smuggling case granted where investigation was near completion and further custody was found unnecessary.

Customs

2026 (6) TMI 775

Redemption fine and reduced customs penalties upheld where the Tribunal gave valid reasons and no further relief was justified.

Customs

2026 (6) TMI 649

Consent referral to arbitration in a company dispute led to setting aside the tribunal orders and appointing a sole arbitrator.

Companies Law

2026 (6) TMI 648

Winding up transfer to NCLT can be ordered without a party application unless the case has reached an irreversible stage.

Companies Law

2026 (6) TMI 400

Coal beneficiation and cost audit compliance: court refused threshold quashing of complaint over alleged non-maintenance of cost records.

Companies Law

2026 (5) TMI 1746

Voting authority dispute kept open as NCLAT allows the meeting but pauses implementation of any resolution.

Companies Law

2026 (5) TMI 1447

Transposition after withdrawal is impermissible; review cannot reopen settled issues or create a fresh right to contest.

Companies Law

2026 (5) TMI 1384

Company law injunctions cannot restrain statutory director-removal process where shareholding is irrelevant and civil jurisdiction is barred.

Companies Law

2026 (6) TMI 717

Statutory appeal bars writ challenge to SEBI IPO approval; petitioner must use the appellate remedy instead.

SEBI

2026 (6) TMI 457

Insider trading and delayed disclosure under the PIT Regulations: SAT relief on trading findings, with penalty sustained for late reporting.

SEBI

2026 (6) TMI 14

PFUTP fraud and hedging principles: excess derivative positions were not manipulative, but disclosure breach remained

SEBI

2026 (5) TMI 772

Condonation of delay in a first appeal granted where sufficient cause existed and the appellant was restored to appellate hearing on merits.

SEBI

2026 (5) TMI 1383

Impleadment of minority shareholders upheld where the writ outcome directly affected their independent interest.

SEBI

2026 (5) TMI 1036

Maintainability of SCORES-based relief claims: monetary compensation beyond tribunal jurisdiction, with other remedies left open.

SEBI

2026 (6) TMI 806

Section 32A and MPID attachment law limit post-resolution recovery action against corporate debtor property and require final vesting order.

IBC

2026 (6) TMI 805

Interlocutory reconsideration of resolution professional approval does not warrant appellate interference where rights remain undecided.

IBC

2026 (6) TMI 804

Natural justice in bankruptcy proceedings requires a real chance to file objections before an order is made.

IBC

2026 (6) TMI 803

Section 95 insolvency filings: procedural particulars under the Code did not defeat admission where debt was already disclosed and acknowledged.

IBC

2026 (6) TMI 771

Additional objections and documents may be accepted with leave when needed for fair adjudication and no prejudice is shown.

IBC

2026 (6) TMI 770

Threshold scrutiny under insolvency law: maintainability and personal guarantor status must be established before Section 94 can proceed.

IBC

2026 (6) TMI 802

Sanctions compliance scrutiny by authorised dealer bank upheld where disclosures raised serious transaction-risk concerns.

FEMA

2026 (6) TMI 801

FEMA residence test under Section 2(v) kept immovable property and remittance transactions outside regulatory violations.

FEMA

2026 (6) TMI 184

Foreign security under FEMA includes transferable subscription rights, and seizure is limited to the equivalent value in India.

FEMA

2026 (5) TMI 806

FEMA compliance on import remittances requires lawful utilisation or repatriation; unsupported third-party adjustments do not cure contravention.

FEMA

2026 (5) TMI 1600

FEMA seizure under Section 37A depends on holding of the foreign asset at seizure and can be lifted after repatriation.

FEMA

2026 (5) TMI 1102

FEMA penalty cannot rest on inapplicable borrowing rules or unpleaded downstream investment allegations

FEMA

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 (1) TMI 1401

Coal handling charges at port found imposed through mandatory coordination fees; impugned order set aside and remitted.

Law of Competition

2026 (6) TMI 769

Prolonged pre-trial incarceration justified bail under PMLA despite Section 45's stringent twin conditions.

Money Laundering

2026 (6) TMI 713

PMLA bail and Article 21 liberty: prolonged incarceration can outweigh section 45 rigours in appropriate cases.

Money Laundering

2026 (6) TMI 712

Discharge at PMLA stage turns on prosecution material alone, with prima facie proceeds of crime enough to proceed.

Money Laundering

2026 (6) TMI 711

Prolonged pre-trial incarceration can justify bail under special statutes despite stringent statutory restrictions and twin conditions.

Money Laundering

2026 (6) TMI 645

PMLA regular bail under twin conditions failed where investigative material raised disputed facts and no satisfaction of innocence was reached.

Money Laundering

2026 (6) TMI 644

Predicate offence required for money laundering; commercial investment allegations were insufficient, and the FIR and ECIR were quashed.

Money Laundering

2026 (6) TMI 845

Reverse charge on manpower supply and threshold exemption defeated a service tax demand based only on return mismatches.

Service Tax

2026 (6) TMI 844

Mining royalty tax requires proof of a granted licence; balance-sheet entries alone do not justify service tax levy.

Service Tax

2026 (6) TMI 800

Refund limitation and applicable rebate notification disputed where original service tax claims were returned for missing export documents.

Service Tax

2026 (6) TMI 799

Contractual damages for delay are compensatory, not consideration for tolerating an act, and fall outside service tax.

Service Tax

2026 (6) TMI 768

Binding High Court precedent sustained Tribunal view that the activities were not taxable service.

Service Tax

2026 (6) TMI 767

Refund with interest dispute left for fresh departmental decision after hearing; merits kept open.

Service Tax

2026 (6) TMI 798

CENVAT credit for plant erection upheld on capital goods, inputs, ownership, and retrospective amendment objections.

Central Excise

2026 (6) TMI 797

FOR destination freight qualifies as input service for Cenvat credit when title and risk remain with the seller until delivery.

Central Excise

2026 (6) TMI 796

CENVAT reversal formula excludes input services used only for dutiable goods, and the balance demand, interest and penalty fell.

Central Excise

2026 (6) TMI 703

Quashing of central excise prosecution follows where the underlying duty demand is set aside on merits.

Central Excise

2026 (6) TMI 702

Refund of excess cess allowed where valuation was inflated and documentary evidence rebutted unjust enrichment presumption.

Central Excise

2026 (6) TMI 582

Reasoned appellate orders required in tax disputes; non-speaking findings and overreach beyond the appeal were set aside on remand.

Central Excise

2026 (6) TMI 843

Instalment relief under entry tax law: tax and interest secured in stages while penalty recovery stayed pending appeal

VAT / Sales Tax

2026 (6) TMI 761

Jurisdiction over statutory forms in tax arrear recovery proceedings remains with the Assessing Authority, not the recovery forum.

VAT / Sales Tax

2026 (6) TMI 760

VAT assessment limitation: COVID-19 extension not available to the assessing authority, and time-barred months were set aside.

VAT / Sales Tax

2026 (6) TMI 701

Director liability under VAT recovery law requires proof of unrecoverable company dues and factual basis for gross negligence before attachment.

VAT / Sales Tax

2026 (6) TMI 637

Adjustment of VAT tax against CST demand required fresh consideration, with the demand notice stayed pending decision.

VAT / Sales Tax

2026 (6) TMI 636

Improper service of notice to a co-operative society justified setting aside assessment and penalty orders and remand.

VAT / Sales 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

2024 (12) TMI 664

ITAT recalls ex parte wealth tax orders after representative's death created compelling circumstances under Rule 24

Wealth-tax

2026 (6) TMI 842

Section 148 deposit requirement in cheque dishonour appeals upheld, with waiver reserved for exceptional cases.

Indian Laws

2026 (6) TMI 841

Section 138 cheque dishonour conviction sustained where statutory notice was unclaimed and the presumption remained unrebutted.

Indian Laws

2026 (6) TMI 840

Cheque execution and statutory presumptions under the Negotiable Instruments Act require a probable defence to rebut liability in revision.

Indian Laws

2026 (6) TMI 795

Mediclaim benefits are not deductible from motor accident compensation because they arise from a separate insurance contract.

Indian Laws

2026 (6) TMI 794

Trade dress injunction modified for existing third-party stock, while empty cartons with the disputed packaging were ordered destroyed.

Indian Laws

2026 (6) TMI 792

Regular bail under UAPA turned on long custody, trial progress, and parity with co-accused, with conditions imposed.

Indian Laws





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