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Recent Case Laws

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2026 (2) TMI 415

Failure to consider documentary evidence leads to quashing of appellate order and remand for fresh hearing.

GST

2026 (2) TMI 414

Retrospective cancellation of registration challenged; review petition rejected for seeking re argument and no error found

GST

2026 (2) TMI 392

Non-speaking adjudication in GST show-cause proceedings: remand for fresh hearing after failure to apply mind and record reasons

GST

2026 (2) TMI 391

Condonation of delay under Section 107(4) J&K SGST/CGST Act: 15day delay condoned and appeal remitted for merits.

GST

2026 (2) TMI 390

Determination against a deceased proprietor invalid where no showcause was issued to legal representative; impugned order set aside.

GST

2026 (2) TMI 389

GST registration revocation allows applications for reinstatement, return filing and instalment tax payments; bank defreeze subject to security

GST

2026 (2) TMI 424

Reopening of assessment limitation for notice under Section 148 after search: notice barred by ten year limitation and set aside

Income Tax

2026 (2) TMI 423

Allowable expenditure for compensation paid for exchange rate loss upheld as business deduction after commercial expediency test favours taxpayer.

Income Tax

2026 (2) TMI 422

Withholding tax on global distribution services payments reduced to 0.5% after India PE revenue attribution and expense deduction

Income Tax

2026 (2) TMI 421

Conversion of land to stock in trade: FMV adoption for both capital gains and business income upheld, addition deleted.

Income Tax

2026 (2) TMI 420

Validity of proceedings under section 153C: AO's date of satisfaction fixes the search year; 153C notice required, appeal allowed.

Income Tax

2026 (2) TMI 419

Fees for Technical Services source versus receipt: remand for fresh assessment; assessee must prove exemption with cogent evidence

Income Tax

2026 (2) TMI 58

Benami property attachment and beneficial ownership inquiry: investment confiscable, prosecution deferred pending reinvestigation.

Benami Property

2026 (2) TMI 57

Benami property transaction involving disputed land: tribunal confirms money-trail based attachment and dismisses appeal against appellant

Benami Property

2026 (2) TMI 303

Explanation to Order 47 Rule 1 CPC and condonation of delay: review limited where later superiorcourt decisions resolve conflicting benches, appeal allowed

Benami Property

2026 (1) TMI 1248

Benami property dispute: Tribunal finds third-party funders were true beneficiaries; statutory relative exception inapplicable, transfers benami.

Benami Property

2026 (1) TMI 1247

Benami transaction and provisional attachment dispute over bank accounts; statutory benami elements unmet, appeal dismissed.

Benami Property

2026 (1) TMI 1103

Condonation of delay in review application; Covid limitation exclusion limited and inordinate delay with lack of bona fide led to dismissal

Benami Property

2026 (2) TMI 408

Bail entitlement in prolonged pre-trial NDPS custody granted where parity with co accused exists; release ordered with conditions.

Customs

2026 (2) TMI 407

Provisional release of seized imported goods: detention overturned where Customs relied on generalized allegations, not tangible evidence.

Customs

2026 (2) TMI 406

Right to cross-examination under Customs Brokers Licensing Regulations upheld; revocation of licence set aside for natural justice breach.

Customs

2026 (2) TMI 405

Smuggling of gold: owner knowledge required for conveyance confiscation; absence of knowledge led to set aside of confiscation and penalty.

Customs

2026 (2) TMI 404

Admissibility of customs inquiry statements and burden of proof in gold seizure: penalties quashed after procedural and evidentiary failings

Customs

2026 (2) TMI 403

Transaction value and customs export valuation: tribunal upholds invoice value, rejects market survey, and orders release of goods.

Customs

2026 (2) TMI 37

Director disqualification and interim restraint on creation of third-party interests in company assets - interim orders upheld, appeals disposed

Companies Law

2026 (2) TMI 242

Interim injunction against removal as director denied where EGM challenge was not properly before the company petition; appeal dismissed.

Companies Law

2026 (1) TMI 1444

Condonation of delay in filing a Special Leave Petition leads to dismissal after a 406-day unexplained delay, with merits not entertained.

Companies Law

2026 (1) TMI 1237

Approval of Scheme of Arrangement challenged as evading MPID Act; overwhelming creditor approval upheld and minority appeal dismissed

Companies Law

2026 (1) TMI 1218

Oppression and mismanagement exit option review requires NCLT to pass a reasoned order; remand justified and interim revival denied

Companies Law

2026 (1) TMI 1168

Transfer of registry funds to Settlement Account under Scheme of Arrangement permitted to facilitate settlement of creditor and investor claims.

Companies Law

2026 (1) TMI 662

Stock exchange disciplinary action and withheld security: writ maintainable; investigation valid but final board decision set aside as unlawfully constituted

SEBI

2026 (1) TMI 433

AIF trustee debarment for SEBI rule breaches-no investor loss and fund winding-up led to bar treated as expired.

SEBI

2026 (1) TMI 4

Clients authorising third-party F&O trades despite missing pre/post confirmations; broker not liable for losses, award set aside.

SEBI

2026 (1) TMI 1358

Doctrine of merger and trustee-like powers in SEBI-appointed Special Committee; order treated as open-ended, appeals dismissed

SEBI

2026 (1) TMI 1236

Personal liability of directors in regulatory proceedings: attachment challenge refused; pursue statutory appeal under SEBI Act

SEBI

2025 (12) TMI 1674

Market regulator prosecution over access to investigation report and inquiry materials; petition allowed, disclosure ordered with limited redactions

SEBI

2026 (2) TMI 338

Mediation settlement enforcement in appellate proceedings treated as decree, registry directed to draw decree and dispose appeal by consent

IBC

2026 (2) TMI 293

Proportionality of administrative penalty in disciplinary proceedings: delay led court to reduce suspension to period served

IBC

2026 (2) TMI 292

Effect of Approved Resolution Plan under IBC on Extinguishment of Claims and Abatement of Proceedings; Appeal Closed

IBC

2026 (2) TMI 291

Moratorium under Section 14 and SARFAESI action against personal guarantor - contempt appeal under Section 19 held not maintainable.

IBC

2026 (2) TMI 290

Share application money treated as financial debt: Section 7 petition admitted, appeal dismissed and refund ordered to proceed with CIRP remedies

IBC

2026 (2) TMI 241

Corporate guarantee invocation and balance sheet acknowledgement under Limitation Act sustain insolvency petition admission; appeal dismissed

IBC

2026 (2) TMI 401

Suit for specific performance and damages: HC limited its ruling on the added issue; enforceability and FERA challenges remain open

FEMA

2026 (2) TMI 188

Export of fish from Exclusive Economic Zone: FEMA and Customs obligations apply, Regulation 14C breach found but penalties reduced.

FEMA

2026 (2) TMI 187

Contravention of foreign exchange rules for offshore import payments -- tribunal reduces penalty to proportionate amount after delay and predeposit

FEMA

2026 (1) TMI 861

Waiver of pre-deposit under Section 19(1) FEMA: Tribunal must allow alternative securities when indigence makes cash deposit impossible

FEMA

2026 (1) TMI 860

FERA violation involving joint bank accounts and service by affixation affirmed, penalty reduced for joint account holder

FEMA

2026 (1) TMI 859

Foreign exchange contravention involving under-invoicing and unauthorized remittances; penalties reduced for company and three directors.

FEMA

2026 (1) TMI 393

Bid rigging in public tender bids-common IPs, call records and shared EMD led to s.3(3) breach upheld.

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 (1) TMI 1164

Use of Crystalline Durability Admixture in heavy infrastructure projects: nationwide market accepted, no dominance or anti-competitive conduct found, appeal dismissed

Law of Competition

2026 (1) TMI 1081

Abuse of dominance investigation notice requirement clarified: no initial notice if no prima facie case; informant need not be heard.

Law of Competition

2025 (12) TMI 1317

WhatsApp user data sharing for advertising and other non-essential purposes-clarification allowed requiring express, revocable opt-in/opt-out consent

Law of Competition

2025 (12) TMI 106

Patent rights trump competition claims as appeal over FCM injection conduct rejected under Section 3(5) Competition Act

Law of Competition

2026 (2) TMI 186

Transfer of trials between Special Courts under PMLA and BNSS upheld, allowing consolidation before a single judge.

Money Laundering

2026 (2) TMI 185

Anticipatory bail under PMLA in complex moneylaundering with layered mule accounts denied to protect custodial interrogation and evidence recovery.

Money Laundering

2026 (2) TMI 184

Scope of investigation under PMLA: ED limited from reinvestigating predicate offence; attachment upheld and appeals dismissed

Money Laundering

2026 (2) TMI 133

Freezing of bank accounts under PMLA: email communication cannot substitute formal order, resulting in lifting of freezes.

Money Laundering

2026 (2) TMI 132

Legality of arrests under PMLA: scope of judicial review limited; challenges to ECIR additions and alleged ignored material rejected.

Money Laundering

2026 (2) TMI 131

Regular bail under PMLA where proceeds are prima facie unproven and tripletest risks are not established, bail granted with conditions

Money Laundering

2026 (2) TMI 400

Place of provision of services and import of service by overseas commission agents: services received abroad not taxable; matter remanded for rehearing.

Service Tax

2026 (2) TMI 399

Forfeited security deposits, earnest money and tender fees taxability clarified; non-taxable and extended limitation disallowed

Service Tax

2026 (2) TMI 398

Inadvertent payment credited to third party: waiver of duty, interest and penalty granted; verification and adjustment ordered

Service Tax

2026 (2) TMI 397

Laying of telecom cables alongside roads found outside taxable service; works contract classification leads to appeal allowed.

Service Tax

2026 (2) TMI 396

Service tax demand based on ITR/Form26AS entries requires independent verification of services and receipts; demand set aside.

Service Tax

2026 (2) TMI 337

Service tax treatment of TDS paid on behalf of service providers: appeal allowed as TDS excluded from taxable value

Service Tax

2026 (2) TMI 395

Issuance of excise invoices without delivery: penalty liability upheld but tribunal reduced penalties based on proportionality and mitigation

Central Excise

2026 (2) TMI 394

CENVAT credit on services: remand for escort/security and works contract claims; employee transport and C Form collection denied, limitation invoked

Central Excise

2026 (2) TMI 332

Cenvat credit eligibility for inputs and input services remanded for recomputation and redetermination, including civil immovable works

Central Excise

2026 (2) TMI 331

Aviation turbine fuel exemption and warehouse removals allowed for supply to foreign aircraft, order recovering duty set aside

Central Excise

2026 (2) TMI 330

MRPbased valuation and extended limitation: bona fide valuation error found not to justify extended period demand, appeal dismissed

Central Excise

2026 (2) TMI 329

Cashew Shell Liquid SSI exemption affirmed after corrigendum and TRU clarification; duty demand, interest and penalty quashed.

Central Excise

2026 (2) TMI 327

Sale for export versus sale in the course of export: court finds export nexus determines tax exemption and sets aside revision order.

VAT / Sales Tax

2026 (2) TMI 284

Rejection of belated VAT appeal for delay and failure to notify change of address; petition dismissed

VAT / Sales Tax

2026 (2) TMI 283

DRT sale certificate effect on revenue records: purchaser's registration free of encumbrances confirmed, salestax charge removed subject to further court orders

VAT / Sales Tax

2026 (2) TMI 226

Statutory pre-deposit under Haryana VAT Act: court refuses waiver but permits bank guarantee or adequate security.

VAT / Sales Tax

2026 (2) TMI 176

Delegation of revisional power under West Bengal VAT Act: delegatee's revision cannot be revised by another delegatee; earlier order quashed.

VAT / Sales Tax

2026 (2) TMI 175

Sales tax deferment entitlement during validity of final eligibility certificate upheld; State revisions dismissed, cancellation treated prospectively.

VAT / Sales 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

2024 (1) TMI 439

Section 16(1) intimations under Wealth Tax Act constitute orders subject to revision under Section 25

Wealth-tax

2026 (2) TMI 281

Extension of arbitrator mandate under Section 29A can be sought after mandate expiry; court may grant with conditions and sanctions

Indian Laws

2026 (2) TMI 225

Liquidated damages and public utility exception in contracts: limited modification of arbitral award permitted; appellate reworking reversed.

Indian Laws

2026 (2) TMI 174

Arbitrability of alleged forged arbitration agreement: referral to arbitration quashed but appointment of arbitrator refused

Indian Laws

2026 (2) TMI 173

Proof of cheque issuance by a company and agent: lack of direct evidence negates statutory presumptions and overturns conviction

Indian Laws

2026 (2) TMI 172

Dishonour of cheque and vicarious liability of company officer affirmed; conviction and sentence confirmed on revision.

Indian Laws

2026 (2) TMI 118

Director liability under negotiable instruments Act: one director summoned for active involvement; another discharged after proved resignation.

Indian Laws


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