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Recent Case Laws

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2026 (8) TMI 1059

Alternative statutory remedy and unexplained delay barred writ challenge to an ex parte GST assessment.

GST

2026 (8) TMI 1058

Interim protection against tax recovery applies where recovered or deposited amounts exceed the statutory pre-deposit pending appeal.

GST

2026 (8) TMI 1057

Input tax credit allegations without purchaser-supplier collusion did not justify custodial interrogation, supporting anticipatory bail subject to cooperation conditions.

GST

2026 (8) TMI 1056

Jurisdictional challenge to penalty proceedings must ordinarily proceed through the statutory appeal where the taxpayer participated on merits.

GST

2026 (8) TMI 1055

Writ jurisdiction can restore delayed GST cancellation appeals where statutory limitation would deny an effective remedy.

GST

2026 (8) TMI 1054

Common multi-year Section 74 notices remain valid, while challenges to tax orders must proceed through statutory appellate review.

GST

2026 (8) TMI 1048

Non-resident payment characterisation as royalty leaves Revenue review option contingent on success in related Supreme Court proceedings.

Income Tax

2026 (8) TMI 1047

Section 10B undertaking losses remain eligible for set-off against other taxable undertaking profits and statutory carry-forward.

Income Tax

2026 (8) TMI 1046

Business expenditure on infrastructure projects remains deductible despite absence of project-specific booked income where business purpose is established.

Income Tax

2026 (8) TMI 1045

Revenue expenditure for electricity-line augmentation remains deductible where no ownership or enduring capital advantage is acquired.

Income Tax

2026 (8) TMI 1044

Reassessment beyond four years fails when recorded grounds yield no addition and unrelated income alone is assessed.

Income Tax

2026 (8) TMI 1043

Business-loss carry-forward fails where intervening returns were not filed, preventing determination of unabsorbed losses for later set-off.

Income Tax

2026 (8) TMI 818

Benami property attachment sustained where alleged loan consideration lacked credible proof, traceable lenders, and explained funding sources.

Benami Property

2026 (8) TMI 817

Benami property transactions arise where beneficial ownership funds acquisitions and ostensible owners cannot prove independent means or genuine loans.

Benami Property

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 1018

Customs inquiry statements supported currency confiscation, smuggling penalties, and the statutory burden to disprove illicit importation.

Customs

2026 (8) TMI 1017

Provisional release of seized goods requires expeditious statutory determination, with invoice and valuation disputes decided through reasoned adjudication.

Customs

2026 (8) TMI 1016

Seized currency as investigation evidence remains retainable, with statutory return rules inapplicable pending connected economic-offence inquiries.

Customs

2026 (8) TMI 1015

Unjust enrichment does not bar customs duty refund when sales records prove the importer absorbed the duty burden.

Customs

2026 (8) TMI 1014

Customs seizure limitation runs from detention, making post-expiry extensions invalid and requiring return of imported goods.

Customs

2026 (8) TMI 1013

Customs detention without lawful seizure cannot justify indefinite retention; imported goods may be released on proportionate revenue-protection conditions.

Customs

2026 (8) TMI 935

Conditional creditor consent requires scrutiny before revival scheme approval, ensuring informed assent, fairness, and valid statutory majority support.

Companies Law

2026 (8) TMI 806

Invoice recovery limitation remains unaffected by winding-up proceedings, while valid partnership registration preserves capacity to sue.

Companies Law

2026 (8) TMI 735

Functus officio bars intervention and recall in concluded writ proceedings without a demonstrated subsisting affected right.

Companies Law

2026 (8) TMI 734

Pre-emptive share-transfer rights void outsider transfers that bypass Board-led member offers and prescribed valuation procedures under company articles.

Companies Law

2026 (8) TMI 600

Locus standi in winding-up proceedings bars a former director's individual appeal after the issue attained finality.

Companies Law

2026 (8) TMI 1005

Review jurisdiction requires an apparent error or valid reconsideration ground; absence of either results in dismissal of review petition.

Companies Law

2026 (8) TMI 934

Associate-company and related-party definitions prevail over accounting indicators, defeating fraud, consolidation and disclosure allegations without proof of control.

SEBI

2026 (8) TMI 863

Material event disclosure requires conspicuous reporting of terminated acquisition agreements; a footnote in financial results is insufficient.

SEBI

2026 (8) TMI 805

Insider trading prohibition applies to securities sales while possessing unpublished price sensitive information unless a recognised exonerating circumstance is proved.

SEBI

2026 (8) TMI 733

Mitigating factors can reduce statutory minimum penalties where no overriding clause applies, while ineffective notice invalidates enforcement orders.

SEBI

2026 (8) TMI 654

Void securities cannot be transferred after acceptance of a regulatory invalidation order, and inconsistent conduct is precluded.

SEBI

2026 (8) TMI 1004

Front-running prosecutions must follow the specialised securities-law complaint procedure and cannot bypass it through a general criminal FIR.

SEBI

2026 (8) TMI 862

Insolvency professional services by advocates fall under forward charge, while reverse charge remains confined to legal services.

IBC

2026 (8) TMI 861

Continuing personal guarantees cover assented facility renewals and contractual interest beyond the stated principal limit in insolvency proceedings.

IBC

2026 (8) TMI 860

Final insolvency orders bar collateral challenges to consequential bankruptcy proceedings against a personal guarantor after valid service.

IBC

2026 (8) TMI 804

Limitation for operational debt runs from each default, barring delayed Section 9 insolvency applications despite a subsisting contract.

IBC

2026 (8) TMI 803

Belated creditor claims in insolvency raise questions over challenges to approved resolution plans and finality of the resolution process.

IBC

2026 (8) TMI 802

Resolution-plan distributions may follow admitted claim ratios, limiting dissenting secured creditors to their statutory minimum entitlement.

IBC

2026 (8) TMI 801

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

FEMA

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 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 859

Provisional attachment for alleged money laundering remains undisturbed as Supreme Court declines interference with the High Court order.

Money Laundering

2026 (8) TMI 858

Money-laundering bail requires satisfaction of statutory twin conditions; serious allegations and misuse-of-liberty risks justified denial.

Money Laundering

2026 (8) TMI 857

Proceeds-of-crime tracing upheld attachment of layered assets held through spouses, nominees, and nominal property transfers.

Money Laundering

2026 (8) TMI 800

Interim order balance protected all parties, so no interference occurred while writ petition merits remained pending.

Money Laundering

2026 (8) TMI 1003

PMLA bail conditions and proceeds-of-crime issues await substantive consideration after notice and permitted dasti service.

Money Laundering

2026 (8) TMI 1002

Frozen proceeds-of-crime funds cannot be used to pay another company's salary and statutory liabilities under an interim arrangement.

Money Laundering

2026 (8) TMI 999

Commercial advertising space and municipal property rentals remain taxable, but extended recovery requires proven deliberate tax suppression.

Service Tax

2026 (8) TMI 998

Composite construction contracts cannot be taxed as pure construction services without proper works-contract classification and notice.

Service Tax

2026 (8) TMI 997

Statutory limit on adjournments supports dismissal for non-prosecution after repeated unexplained absence and postponement requests.

Service Tax

2026 (8) TMI 933

Sabka Vishwas scheme benefit survives a one-day payment-record discrepancy, requiring manual examination for discharge certificate issuance.

Service Tax

2026 (8) TMI 1001

Interest on mistaken deposits accrues until refund payment when the amount is not tax and no statutory rate applies.

Service Tax

2026 (8) TMI 1000

Sanitation conservancy exemption protects cleaning manpower services to Governmental Authorities, while bona fide compliance defeats extended service-tax limitation.

Service Tax

2026 (8) TMI 996

CENVAT credit reversed under protest becomes refundable when the underlying demand is conclusively annulled as time-barred.

Central Excise

2026 (8) TMI 995

Clandestine removal and undervaluation demands require independent corroborative evidence; disclosed facts cannot support extended limitation for suppression.

Central Excise

2026 (8) TMI 994

Clandestine clearance and undervaluation require independent corroborative evidence; return mismatches and accounting variances alone cannot sustain duty demands.

Central Excise

2026 (8) TMI 919

Extended limitation requires wilful intent to evade duty; departmental knowledge of valuation facts bars time-barred excise recovery.

Central Excise

2026 (8) TMI 918

Cenvat credit for factory-made capital goods survives where end-use is proven and statutory disclosure defeats extended limitation.

Central Excise

2026 (8) TMI 917

Discharge certificate processing under the Sabka Vishwas Scheme requires manual verification where payment recorded in SVLDRS-3 is undisputed.

Central Excise

2026 (8) TMI 914

VAT and sales tax litigation reached the Supreme Court without disclosed underlying statutory or factual issues.

VAT / Sales Tax

2026 (8) TMI 913

Rectification jurisdiction cannot recall a final revision order to secure merits rehearing on allegedly undecided issues.

VAT / Sales Tax

2026 (8) TMI 849

Petroleum-product classification includes Hydraulic Oil as a taxable consumable, while reassessment conditions for escaped turnover remain satisfied.

VAT / Sales Tax

2026 (8) TMI 788

Gross turnover taxability of drought relief remained undisturbed where relief was invoiced and charged to the purchaser.

VAT / Sales Tax

2026 (8) TMI 787

Inter-State vehicle movements linked to dealer orders and advance payments constitute taxable sales, not exempt branch stock transfers.

VAT / Sales Tax

2026 (8) TMI 723

VAT penalty for missing transit form fails where exempt imported goods create no VAT liability.

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 993

SARFAESI alternative remedy requirement bars direct writ challenges to bank-recovery measures where specialised statutory recourse remains available.

Indian Laws

2026 (8) TMI 982

Arbitration agreement channels termination and security-deposit disputes to commercial remedies, while admitted amounts may be released without prejudice.

Indian Laws

2026 (8) TMI 912

Retrospective ratification validates resignation acceptance, while withdrawal remains subject to the appointing authority's reasoned statutory discretion.

Indian Laws

2026 (8) TMI 911

Vicarious liability in cheque dishonour requires specific allegations of responsibility; former directors who resigned before cheque issuance cannot be prosecuted.

Indian Laws

2026 (8) TMI 910

Pre-institution mediation and attachment before judgment require distinct conditions; failed mediation permits consideration of protective asset attachment.

Indian Laws

2026 (8) TMI 848

Alternative statutory remedy under SARFAESI bars writ intervention unless extraordinary circumstances justify bypassing the Debt Recovery Tribunal.

Indian Laws





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