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Recent Case Laws

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2026 (8) TMI 587

Condonation of delay in filing a writ appeal remained undisturbed as the challenge to the High Court order failed.

GST

2026 (8) TMI 586

Concessional IGST for merchant exporters requires strict compliance with registered supplier-to-recipient supply and movement conditions.

GST

2026 (8) TMI 585

Statutory appellate remedy preserved as recovery action is restrained pending filing of appeal with required pre-deposit.

GST

2026 (8) TMI 584

Statutory appeal delay condoned, preserving merits review and quashing consequential bank recovery notice pending tax liability determination.

GST

2026 (8) TMI 583

Garnishee attachment exceeding the original demand remained stayed while the taxpayer pursued the statutory appellate remedy.

GST

2026 (8) TMI 582

Statutory appellate remedy preserved through liberty to file a delayed appeal subject to pre-deposit and condonation application.

GST

2026 (8) TMI 569

Conditional remand costs cannot extinguish appellate rights after an ex parte order breached natural justice and requires merits review.

Income Tax

2026 (8) TMI 568

Substantial question of law requirement bars Section 260A appeals seeking factual reassessment of delay evidence and property valuation.

Income Tax

2026 (8) TMI 567

Retrospective tax amendments cannot create fresh liability for completed offshore technical-service payments or displace applicable treaty protection.

Income Tax

2026 (8) TMI 566

Co-operative society interest exemption protects co-operative banks from TDS liability on payments to non-member co-operative societies.

Income Tax

2026 (8) TMI 565

Finality of applicable compounding guidelines requires fee recomputation under the earlier framework, with credit for amounts already paid.

Income Tax

2026 (8) TMI 564

Post-search scrutiny assessment remains valid where the original assessment is pending within limitation; reassessment is not compulsory.

Income Tax

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 256

Benami claim bar cannot reject a joint family property plaint unless pleadings plainly disclose a statutory benami transaction.

Benami Property

2026 (8) TMI 255

Benami routing through RTGS credits sustained attachment where alleged gold sales lacked independent evidence and cross-examination caused no prejudice.

Benami Property

2026 (8) TMI 538

Independent show-cause notices remain separately adjudicable, while statutory appeal bars writ review of completed adjudication absent exceptional circumstances.

Customs

2026 (8) TMI 537

Settlement time limits exclude periods when the statutory Board lacks quorum, preserving applications from administrative-delay abatement.

Customs

2026 (8) TMI 536

Delayed drawback interest remains appealable and accrues from the deemed shipping-bill claim date despite pending entitlement proceedings.

Customs

2026 (8) TMI 535

Writ jurisdiction limits independent investigations, damages claims and compelled policy-making where allegations lack credible supporting material.

Customs

2026 (8) TMI 534

Customs interest refund limitation applies strictly; electronic clearance payments do not establish protest or extend the statutory filing period.

Customs

2026 (8) TMI 533

Baggage import orders fall outside Tribunal appeals, requiring revision before the competent Revisional Authority instead.

Customs

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 527

Foreign judgment enforcement supports interim asset disclosure and restraints without prior re-adjudication where jurisdiction remains unrebutted.

Companies Law

2026 (8) TMI 427

Unpaid security-service claims may be submitted for consideration through the ongoing corporate insolvency resolution process.

Companies Law

2026 (8) TMI 246

Director standing and civil court jurisdiction shape interim relief in corporate governance and oppression disputes.

Companies Law

2026 (8) TMI 245

Article 227 supervision cannot pre-empt Tribunal jurisdiction objections; execution stay must be sought in pending civil appeals.

Companies Law

2026 (8) TMI 167

Professional certification liability requires proof of knowing falsity or active connivance, while delayed prosecution remains barred without valid condonation.

Companies Law

2026 (7) TMI 846

Public duty status of stock exchange leadership supports anti-corruption prosecution while role-specific issues remain for trial.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes bar writ jurisdiction where contractual arbitration and exchange grievance mechanisms remain 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 pending appeal may follow arguable issues on prosecution, penalties, fines, and directorial status.

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 to SEBI complaints, making cognizance void if accused persons are not heard beforehand.

SEBI

2026 (8) TMI 526

Fraud classification orders remain valid when audit findings are adopted and affected parties receive a meaningful opportunity to respond.

IBC

2026 (8) TMI 525

Resolution plan distributions remained enforceable because the pending Supreme Court challenge carried no stay on redistribution directions.

IBC

2026 (8) TMI 426

Insolvency jurisdiction covers directions requiring suspended directors to assist in identifying and recovering leased corporate debtor assets.

IBC

2026 (8) TMI 425

Insolvency professional replacement remains Committee of Creditors-controlled absent exceptional circumstances demonstrating grounds for tribunal intervention.

IBC

2026 (8) TMI 338

CIRP moratorium asset restoration can proceed independently of fraudulent trading findings, preserving the corporate debtor's insolvency estate.

IBC

2026 (8) TMI 244

Extinguished arbitral award claims cannot be revived after resolution plan approval, while court-held security remains the corporate debtor's asset.

IBC

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 1550

Mandatory pre-prosecution notice and speedy trial rights require termination where cognizance lacks compliance and prosecutorial delay persists.

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 524

Bona fide purchaser claims over attached plots require proof of payment, valid transactions, and absence of collusion.

Money Laundering

2026 (8) TMI 424

Provisional attachment powers require reason to believe property represents proceeds of crime; special leave petitions were dismissed.

Money Laundering

2026 (8) TMI 423

Article 226 judicial review permits challenge to an ECIR and consequential money-laundering action despite its internal administrative character.

Money Laundering

2026 (8) TMI 337

Closure report jurisdiction rests with the Trial Court, while concluded Special Court proceedings do not automatically obstruct investigation or trial.

Money Laundering

2026 (8) TMI 336

Writ review of money-laundering attachment remains exceptional; predicate-offence and proceeds quantification disputes belong in statutory proceedings.

Money Laundering

2026 (8) TMI 163

PMLA regular bail requirements remained unmet as the scheduled offence subsisted; petition dismissed with liberty to renew before trial court.

Money Laundering

2026 (8) TMI 523

Manufacture exclusion from business auxiliary service remained undecided after Revenue withdrew its low-value appeal before final determination.

Service Tax

2026 (8) TMI 522

Pure-agent reimbursements for third-party expenses remain outside taxable value when Rule 5(2) conditions are satisfied.

Service Tax

2026 (8) TMI 521

Original works valuation covered comprehensive showroom fit-outs, while forfeited purchase advances and fire-loss reimbursements were not taxable services.

Service Tax

2026 (8) TMI 520

Coal beneficiation as mining activity was outside Business Auxiliary Service until the separate mining service category took effect.

Service Tax

2026 (8) TMI 519

Municipal completion certification can establish actual project completion, preventing service-tax liability based on later procedural approval.

Service Tax

2026 (8) TMI 422

Indivisible turnkey ATM contracts could not be split to tax integral installation and commissioning under the earlier service tax framework.

Service Tax

2026 (8) TMI 518

Unjust enrichment in excise refunds depends on proving whether duty incidence was passed on to consumers.

Central Excise

2026 (8) TMI 517

Outward transportation credit under FOR destination contracts remained available before the amended CENVAT input-service definition took effect.

Central Excise

2026 (8) TMI 516

Unutilised cess credits do not gain cash-refund eligibility merely through GST transitional provisions or reversal after attempted transition.

Central Excise

2026 (8) TMI 515

Manufacture requirement for excisability excludes fly ash arising as waste during coal-based captive electricity generation from central excise duty.

Central Excise

2026 (8) TMI 417

Non-interference with CESTAT orders results in dismissal of central excise civil appeals by the Supreme Court.

Central Excise

2026 (8) TMI 416

Manufacture requires a distinct new product; latex dilution, preservation and repacking did not trigger fresh excise duty.

Central Excise

2026 (8) TMI 514

Composition-tax benefit remains available when out-of-State liquor resale is separately taxed at the normal rate.

VAT / Sales Tax

2026 (8) TMI 414

Form-38 correction-marker irregularity cannot sustain penalty absent evidence of tax evasion or attempted evasion for non-resale machinery imports.

VAT / Sales Tax

2026 (8) TMI 324

Contractual tax-payment disputes subject to an invoked arbitration clause must proceed through arbitration, not Article 226 writ jurisdiction.

VAT / Sales Tax

2026 (8) TMI 323

Transfer of right to use identifiable payment terminals attracts VAT despite supplier ownership, maintenance duties and operational controls.

VAT / Sales Tax

2026 (8) TMI 322

VAT composition liability follows registered property sales, preventing tax on construction-stage advances contrary to binding advance rulings.

VAT / Sales Tax

2026 (8) TMI 321

Incomplete Form 38 entries alone cannot justify penalty without further material establishing a contravention by the dealer.

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 413

Article 32 quashing requires exceptional circumstances, while distinct cyber-fraud transactions may remain subject to separate FIR investigations.

Indian Laws

2026 (8) TMI 412

Authorised representation in cheque dishonour complaints remains valid despite technical cause-title sequencing of the society and its Secretary.

Indian Laws

2026 (8) TMI 320

Corporate cheque dishonour liability requires arraigning the company; later addition cannot cure a defective complaint against its signatory.

Indian Laws

2026 (8) TMI 319

Same-transaction test permits one FIR for conspiracy-linked cheating, while joint trial depends on factual nexus between alleged acts.

Indian Laws

2026 (8) TMI 231

Cheque execution presumptions require cogent rebuttal, while revisional review cannot reassess evidence absent perversity in concurrent cheque dishonour findings.

Indian Laws

2026 (8) TMI 149

Cheque dishonour liability excludes non-signatory family members of sole proprietorships without a legally recognised basis for vicarious liability.

Indian Laws





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