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Recent Case Laws

View All
2026 (7) TMI 582

Review jurisdiction requires recognised grounds; alleged misinterpretation and omitted prayers did not justify reopening the judgment.

GST

2026 (7) TMI 581

Parallel GST proceedings and arrest under CGST Act upheld where same-subject matter bar and arrest safeguards were satisfied.

GST

2026 (7) TMI 580

Alternative statutory remedy bars writ jurisdiction where GST appellate tribunal can test Rule 89(5) circulars and notifications.

GST

2026 (7) TMI 579

Statutory appeal remedy under GST must be pursued before the Tribunal, subject to notification and section 112 conditions.

GST

2026 (7) TMI 578

GST refund limitation exclusion under notified relaxation bars rejection of a claim as time-barred.

GST

2026 (7) TMI 577

IGST export refund must be processed under the GST refund mechanism when Rule 96 withholding conditions are not met

GST

2026 (7) TMI 571

Live nexus required for reopening assessment; seized register entry without link to assessee cannot justify Section 148 action.

Income Tax

2026 (7) TMI 570

Reopening beyond four years fails without fresh tangible material and cannot rest on a mere change of opinion.

Income Tax

2026 (7) TMI 569

Year-wise assessment material must match the relevant assessment year; reliance on another year's figures led to remand.

Income Tax

2026 (7) TMI 568

Liberal condonation for co-operative society return delay under Section 119(2)(b) supports Section 80P relief and Circular 13/2023.

Income Tax

2026 (7) TMI 567

Charitable status of statutory development authority upheld where incidental commercial receipts did not defeat its public utility object.

Income Tax

2026 (7) TMI 566

Reassessment jurisdiction challenge fails after retrospective amendment; writ petitions dismissed, with limited time to seek further relief.

Income Tax

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 538

Benami share transfer found where nominal payment, deferred consideration, and continued transferor control showed effective ownership remained unchanged.

Benami Property

2026 (7) TMI 537

Prior PMLA attachment did not invalidate benami attachment where the statute allowed an alternate provisional attachment route.

Benami Property

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 (7) TMI 536

Anti-dumping writ review is limited where statutory appeal exists and no exceptional ground for interference is shown.

Customs

2026 (7) TMI 535

Fraudulent DEPB scrips and transferee liability referred to Larger Bench to settle duty, penalty and limitation issues

Customs

2026 (7) TMI 534

Custodianship revocation requires more than supervisory lapses; proportionality and proof of connivance determine the regulatory consequence.

Customs

2026 (7) TMI 477

Customs penalty reduction and deletion upheld where liability turned on factual role, capacity, and participation in imports and exports.

Customs

2026 (7) TMI 476

Royalty outside import value where no sale-condition nexus exists; extended-period demand also fails for lack of suppression.

Customs

2026 (7) TMI 475

Rectification for apparent record errors permits correction of duty computation, but not reopening of merits or disputed contentions.

Customs

2026 (7) TMI 379

Section 452 offence remains criminal; complaint for wrongful withholding of company property lies before the Judicial Magistrate.

Companies Law

2026 (7) TMI 378

Company law remedies in oppression cases are not barred by lack of consent where transactions are pleaded fraudulent or void.

Companies Law

2026 (7) TMI 332

Fraudulent preference in company property transfer led to void mutation entries and restoration of land records.

Companies Law

2026 (7) TMI 260

Interrogatories in oppression and mismanagement petitions may be allowed when they seek material facts and narrow the controversy.

Companies Law

2026 (7) TMI 259

Locus standi and bona fide purchaser protection secured release of plots; review could not reopen final winding-up directions.

Companies Law

2026 (7) TMI 258

Quashing threshold and territorial jurisdiction objections failed where FIR disclosed prima facie cognizable offences.

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 (6) TMI 1373

Negative futures settlement rates upheld where contract adopted external benchmark and writ relief could not rewrite final settlements.

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 (7) TMI 533

Continuing personal guarantee remains enforceable where no lawful revocation or novation is shown, despite resignation and facility renewal.

IBC

2026 (7) TMI 532

Advance-payment supply disputes do not defeat insolvency where debt, default, and valid statutory notice are established.

IBC

2026 (7) TMI 531

Liquidation under the Insolvency and Bankruptcy Code upheld when no resolution plan emerged and creditors approved liquidation.

IBC

2026 (7) TMI 530

Inherent powers allow expungement of adverse remarks where CIRP irregularities stem from a statutory misunderstanding, not mala fides.

IBC

2026 (7) TMI 529

Resolution Professional disclosure rights: records linked to the corporate debtor must be produced even while ownership disputes continue.

IBC

2026 (7) TMI 528

Finality and res judicata barred a belated challenge to liquidation after prolonged non-implementation of the resolution plan.

IBC

2026 (7) TMI 330

FEMA penalty limits and power of attorney liability clarified: statutory fit and duplicate penalties for same acts were rejected.

FEMA

2026 (7) TMI 244

FEMA penalty set aside and remanded for fresh adjudication after unconsidered documents and bank communications were found relevant.

FEMA

2026 (7) TMI 243

Vicarious liability under FEMA requires strict proof of control and involvement before fastening penalty for export proceeds default.

FEMA

2026 (6) TMI 1371

FEMA contravention does not automatically void a sale deed; civil court relief was barred on the same issue.

FEMA

2026 (6) TMI 1106

Jurisdiction under repealed foreign exchange law failed where specific empowerment was absent for issuing show cause notices.

FEMA

2026 (6) TMI 1016

Review jurisdiction cannot reopen FEMA merits when statutory remedies remain available and no apparent error is shown.

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 (7) TMI 464

Unlawful assault claims during PMLA examination failed for lack of contemporaneous evidence and immediate complaint.

Money Laundering

2026 (7) TMI 463

Provisional attachment under PMLA: High Court follows earlier precedent and declines interference with tribunal relief

Money Laundering

2026 (7) TMI 242

Right to travel abroad may be denied on bail when medical necessity is unproven and flight risk threatens the criminal process.

Money Laundering

2026 (7) TMI 241

Special Court jurisdiction under PMLA extends to the scheduled offence after committal under Section 44(1)(c).

Money Laundering

2026 (7) TMI 240

Value of proceeds of crime can extend to earlier-acquired property; section 50 statements remain usable despite retraction.

Money Laundering

2026 (7) TMI 239

PMLA search and seizure upheld where lawful source of seized cash was not credibly proved and reasons were duly recorded.

Money Laundering

2026 (7) TMI 527

Royalty for technical know-how and documentation was not taxable as intellectual property right service under Indian service tax law.

Service Tax

2026 (7) TMI 526

Imported aluminium panels cannot claim Cenvat credit as moulds when their classification depends on condition at import

Service Tax

2026 (7) TMI 525

Service tax demand cannot rest on Form 26AS alone; limitation also fails where order-in-original was not supplied.

Service Tax

2026 (7) TMI 524

Construction contract exemption and limitation fail where tender chronology supports pre-cutoff entry and no suppression to invoke extended period.

Service Tax

2026 (7) TMI 523

Valuation of coaching services excludes separately sold study material and fee waivers treated as discounts.

Service Tax

2026 (7) TMI 462

Statutory limitation and writ jurisdiction cannot revive a time-barred appeal when inordinate delay is not convincingly explained.

Service Tax

2026 (7) TMI 451

Cenvat credit denial fails where shortages are explained by processing losses and diversion is not proved.

Central Excise

2026 (7) TMI 450

Job-work processing as manufacture defeats exempted service treatment and Rule 6 reversal under Cenvat credit law.

Central Excise

2026 (7) TMI 368

Prospective operation of Section 11D bars recovery of pre-insertion collections under the Central Excise Act.

Central Excise

2026 (7) TMI 367

Penalty under Rule 26 fails without corroboration and clear invocation of the exact clause or sub-rule.

Central Excise

2026 (7) TMI 366

Royalty in transaction value and limitation relief granted where suppression was not proved in an interpretational excise dispute

Central Excise

2026 (7) TMI 365

Refund of excess excise duty depends on documentary proof rebutting unjust enrichment and showing the burden was not passed on.

Central Excise

2026 (7) TMI 449

Statutory first charge prevails over SARFAESI priority, preserving State tax recovery rights despite later CERSAI registration.

VAT / Sales Tax

2026 (7) TMI 448

Strict construction of exemption notification leaves Soya Flour outside tax relief and sustains sales tax levy

VAT / Sales Tax

2026 (7) TMI 447

Stock suppression findings and commodity-specific evidence justified different tax treatment, with revisional interference declined.

VAT / Sales Tax

2026 (7) TMI 446

Bullion classification: embossed gold coins are manufactured gold articles, not unwrought bullion, for tax purposes.

VAT / Sales Tax

2026 (7) TMI 364

Best judgment assessments set aside for doubtful notice service and remitted for fresh tax determination after hearing

VAT / Sales Tax

2026 (7) TMI 322

Alternative statutory remedy bars writ challenge to VAT orders where effective appeals remain available and policy issues can be raised there.

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 (7) TMI 79

Rebuttable presumption in cheque dishonour cases defeated where debt is unproved and defence raises a probable explanation.

Indian Laws

2026 (7) TMI 522

Presumption of consideration under negotiable instrument law upheld where signatures were admitted and loan transaction was proved.

Indian Laws

2026 (7) TMI 445

Dishonoured cheque liability fails where the company was already dissolved and director responsibility was not specifically pleaded.

Indian Laws

2026 (7) TMI 320

Right to travel abroad under Article 21 may yield to pending trial, speedy justice, and passport restrictions in criminal cases.

Indian Laws

2026 (7) TMI 225

Foreign award enforcement turns on accrual of the right to apply, narrow public policy review, and surviving joint liability.

Indian Laws

2026 (7) TMI 224

Pre-trial quashing of a cheque dishonour complaint requires unimpeachable material; disputed settlement terms did not end proceedings.

Indian Laws





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