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Recent Case Laws

View All
2026 (9) TMI 1747

Amended GST appeal pre-deposit requirement receives interim exemption pending determination of its application to earlier show-cause notices.

GST

2026 (9) TMI 1746

Input tax credit based budgetary support recovery requires reconciled records and reasoned review of taxpayer explanations before adjustment.

GST

2026 (9) TMI 1745

Show-cause notice limits GST refund proceedings; new appellate grounds require fresh adjudication with a fair hearing.

GST

2026 (9) TMI 1744

Budgetary-support benefit curtailment claims proceed through formal representations rather than independent review of the notification.

GST

2026 (9) TMI 1743

GST appellate pre-deposit follows the show-cause notice date, preserving the earlier regime for pre-substitution proceedings.

GST

2026 (9) TMI 1742

GST registration cancellation for return default requires a further hearing where illness prevents response to the show-cause notice.

GST

2026 (9) TMI 1730

Section 153D approval non-application challenge failed as interference was declined and the special leave petition dismissed.

Income Tax

2026 (9) TMI 1729

Meaningful hearing for tax immunity is mandatory before rejection after the statutory appeal period expires.

Income Tax

2026 (9) TMI 1728

Recall of writ petition permits fresh challenge to Section 147A while preserving interim protection temporarily.

Income Tax

2026 (9) TMI 1727

Interest on refunded TDS payments remains payable when the underlying default order was quashed before Section 244A(1B) commenced.

Income Tax

2026 (9) TMI 1726

Transfer-pricing turnover filters support exclusion of high-turnover, functionally dissimilar software comparables where commercial attributes materially affect profitability.

Income Tax

2026 (9) TMI 1725

Incriminating material requirement bars Section 153A additions in completed assessments, while factually flawed reopening and consequential penalty fail.

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 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 (8) TMI 1327

Benami transaction definition requires owner's lack of knowledge; acknowledged share allotment and buy-back consideration defeated the statutory claim.

Benami Property

2026 (9) TMI 1682

Error apparent requirement not met, leaving the challenged customs order unchanged after review dismissal in full.

Customs

2026 (9) TMI 1681

MEIS reward declaration errors require EDI correction and DGFT transmission so curable procedural lapses do not defeat export benefits.

Customs

2026 (9) TMI 1680

Tariff reclassification requires article-specific evidence; without it, declared classification, exemption benefit, confiscation, penalty and interest consequences fail.

Customs

2026 (9) TMI 1679

Customs classification of unusable railway materials as ferrous scrap requires rule-based valuation and limits consequential demands.

Customs

2026 (9) TMI 1678

Recovery of short-paid customs duty proceeds without reassessment; anti-dumping duty enters the IGST base, while penalties follow import-date limits.

Customs

2026 (9) TMI 1677

Minimum Import Price Rules Cannot Displace Declared Value for Goods Bonded Solely for Re-export or Trigger Confiscation

Customs

2026 (9) TMI 1431

Restoration costs must reflect actual regulatory expense, so an unsupported penalty for prolonged filing defaults was reduced.

Companies Law

2026 (9) TMI 1430

Exhaustion of alternative remedies makes direct challenges to interim status quo orders premature before winding-up adjudication.

Companies Law

2026 (9) TMI 1386

Existing prosecution sanction defects require trial-stage examination, while prior Companies Act investigations survive repeal and limitation needs evidence.

Companies Law

2026 (9) TMI 1292

Quasi-partnership shareholder exclusion can justify supervised Swiss Challenge bidding to secure a fair share-purchase exit after confidence irretrievably fails.

Companies Law

2026 (9) TMI 1222

Territorial jurisdiction arises when a company's registered office forms the investigative fulcrum, permitting a writ challenge.

Companies Law

2026 (9) TMI 1132

Binding Judicial Directions Remain Enforceable Despite Pending Review, Requiring Immediate Implementation of Vacant Possession Orders.

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 1674

Interim appellate orders in insolvency proceedings: challenge was not entertained, leaving disciplinary suspension issues pending expeditious appellate disposal.

IBC

2026 (9) TMI 1673

Wilful-defaulter proceedings may continue despite pending arbitration, and show-cause challenges remain premature before committee review.

IBC

2026 (9) TMI 1604

Limitation for IBC appeals: inordinate delay resulted in dismissal despite COVID-19 extension and condonable-delay considerations.

IBC

2026 (9) TMI 1603

Resolution-plan finality extinguishes excluded pre-transfer tax claims, barring refund adjustments and later reassessment for the covered period.

IBC

2026 (9) TMI 1602

Insolvency Professional Registration Suspension Applies Across Assignments, Leaving the Disciplinary Order Effective Pending Merits Appeal

IBC

2026 (9) TMI 1508

Personal-guarantee liability remains uncapped by mortgaged-property value, while repayment plans require the statutory creditor voting majority.

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 559

Proportionate penalty under foreign exchange law requires reasoned discretion; an unexplained unchanged quantum was reduced.

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 (8) TMI 801

Equivalent-value property seizure under FEMA may proceed on prima facie evidence of unauthorised overseas fund transfers.

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 1601

Sick or infirm medical bail exception requires cumulative assessment of functional impairment and custody's capacity for continuous treatment.

Money Laundering

2026 (9) TMI 1506

Individualised money-laundering attribution determines monetary-threshold bail eligibility, while cancellation requires showing a perverse, fallacious, or investigation-prejudicial exercise of discretion.

Money Laundering

2026 (9) TMI 1505

PMLA regular bail threshold requires prima facie satisfaction of innocence despite prolonged custody and parity claims.

Money Laundering

2026 (9) TMI 1285

Prolonged pre-trial detention under PMLA supports regular bail where trial is unlikely to conclude promptly.

Money Laundering

2026 (9) TMI 1284

Bona fide purchase permits release of attached property when identifiable sale proceeds remain available for substituted attachment.

Money Laundering

2026 (9) TMI 1216

Humanitarian parole for critically ill spouses may be warranted despite other family caregivers being available.

Money Laundering

2026 (9) TMI 1672

Service tax on bank charges fails where discounting interest and reimbursed bank expenses are not taxable consideration.

Service Tax

2026 (9) TMI 1671

Electricity transmission charges retain excluded status when SLDC and network access are inseparable from coordinated grid operations.

Service Tax

2026 (9) TMI 1670

Job-work exemption applies where excise duty is payable on finished goods, without proof of actual duty payment.

Service Tax

2026 (9) TMI 1669

Service tax non-remittance: penalties and extended limitation apply where collected tax is deliberately withheld after collection.

Service Tax

2026 (9) TMI 1668

Business auxiliary service applies to distributor commissions generated by sponsored sales groups, while self-purchase commissions remain excluded.

Service Tax

2026 (9) TMI 1600

Renting-service valuation cannot include pre-amendment shared expenses beyond statutory consideration, while extended limitation requires intentional suppression.

Service Tax

2026 (9) TMI 1667

Prospective limitation extension cannot revive time-barred excise demands despite greenhouse classification under the specific tariff entry.

Central Excise

2026 (9) TMI 1666

Mandatory type-testing charges form part of excisable transaction value, while penalty relief remains limited in scope.

Central Excise

2026 (9) TMI 1594

Refund of redeposited education cess remains available, secured by bank guarantee and subject to pending proceedings.

Central Excise

2026 (9) TMI 1593

Insolvency resolution plans abate manufacturer appeals, while excise duty liability follows persons clearing excisable goods and valuation.

Central Excise

2026 (9) TMI 1592

Mould-modification service charges lack excise valuation relevance without a transaction-value nexus, limiting extended limitation and penalties.

Central Excise

2026 (9) TMI 1591

Integrated dual-fuel burner systems qualify for excise exemption where functional and commercial identity precludes separate component classification.

Central Excise

2026 (9) TMI 1586

Transfer of right to use goods requires exclusive legal control; crane hire remained a taxable service, not deemed sale.

VAT / Sales Tax

2026 (9) TMI 1424

Clean-slate resolution plans extinguish excluded pre-resolution MVAT dues, barring recovery and requiring refund of statutory appeal pre-deposits.

VAT / Sales Tax

2026 (9) TMI 1372

Compensatory taxation requires measurable equivalent benefits and scrutiny of entry-tax validity under constitutional non-discrimination standards.

VAT / Sales Tax

2026 (9) TMI 1366

Rubber classification includes synthetic SBR Latex, placing it under the specified VAT entry rather than the residuary category.

VAT / Sales Tax

2026 (9) TMI 1281

Form-F declarations: final determinations for subsequent years preclude revision of an assessment accepting declarations under Central Sales Tax law.

VAT / Sales Tax

2026 (9) TMI 1206

Statutory interest on assessed VAT refunds applies where payment remains unpaid despite a refund determination.

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

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 (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 1497

Limitation-barred recovery plaints cannot be rejected where balance confirmations and tax deposits create triable acknowledgment issues

Indian Laws

2026 (9) TMI 1496

Employment contracts remain outside commercial-court jurisdiction, requiring return of a wrongly filed plaint to the competent civil forum.

Indian Laws

2026 (9) TMI 1371

Post-conviction settlement cannot reopen a final cheque-dishonour conviction through inherent jurisdiction after merits-based revision has concluded.

Indian Laws

2026 (9) TMI 1280

Cheque validity after bank merger prevents Section 138 liability when legacy instruments are presented after their prescribed deadline.

Indian Laws

2026 (9) TMI 1205

Fair vehicle repossession requires prior notice, cure opportunity, peaceful recovery, and transparent sale; forceful seizure can trigger restitution.

Indian Laws

2026 (9) TMI 1204

GST reimbursement disputes remain arbitrable where they concern contractual allocation rather than sovereign tax liability.

Indian Laws





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