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Recent Case Laws

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2026 (9) TMI 1995

GST registration cancellation for return defaults: compliance enables restoration without a separate revocation application after statutory dues are paid.

GST

2026 (9) TMI 1994

Project-Level Input Tax Credit Allocation Requires Actual GST Benefits to Be Passed to Real-Estate Buyers With Interest

GST

2026 (9) TMI 1993

Reasoned transfer-pricing determinations require recorded taxpayer submissions, supporting reasons, and personal hearing before lawful redetermination.

GST

2026 (9) TMI 1992

Contractual GST reimbursement clauses require consideration of a contractor's claim where stipulated tax payments remain unpaid.

GST

2026 (9) TMI 1991

Meaningful personal hearing under GST requires scheduling after the reply deadline; premature hearings invalidate adverse determinations.

GST

2026 (9) TMI 1990

Statutory stay after appellate pre-deposit requires review of electronic cash ledger recoveries and recredit of excess amounts.

GST

2026 (9) TMI 1985

Clean-slate liquidation sales bar reassessment on extinguished liabilities, while undisclosed grounds cannot support reopening proceedings.

Income Tax

2026 (9) TMI 1984

Revisionary jurisdiction requires demonstrable lack of inquiry; a preference for deeper investigation cannot invalidate a verified assessment order.

Income Tax

2026 (9) TMI 1983

Reassessment notices based solely on unverified portal information fail without material linking alleged escaped income to the assessee.

Income Tax

2026 (9) TMI 1982

Transfer-pricing penalty requires proof of non-compliant arm's length pricing or lack of good faith despite disclosed TNMM methodology.

Income Tax

2026 (9) TMI 1981

Notice to a deceased assessee invalidates assessment when the registered legal heir filed the disclosed return.

Income Tax

2026 (9) TMI 1980

Explained foreign-bank transfers cannot support presumed undisclosed deposits when concurrent facts establish an existing-account source.

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 1948

Section 24 provisional attachment permits same-day notice, approval and attachment when statutory conditions and prior approval are satisfied.

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 (9) TMI 1947

Customs interest on redeemed imported goods runs from adjudicated duty determination, not the original Bill of Entry assessment.

Customs

2026 (9) TMI 1946

MEIS shipping-bill declaration errors do not defeat benefits when export intent and genuineness are established.

Customs

2026 (9) TMI 1945

Second revocation of an already revoked customs broker licence lacks statutory authority and creates unnecessary multiplicity of litigation.

Customs

2026 (9) TMI 1944

EPCG export obligation enforcement cannot begin before the authorised period ends; IGST credit verification remains open.

Customs

2026 (9) TMI 1943

EPCG exemption survives procedural lapses where debonding records, authorisation debit availability and export obligation compliance establish substantive fulfilment.

Customs

2026 (9) TMI 1942

Director penalty for improper importation fails when related reclassification demand is set aside and goods cannot be confiscated.

Customs

2026 (9) TMI 1936

Nominee director liability requires involvement in company affairs, not appointment alone, where deposit-repayment directions remain unmet.

Companies Law

2026 (9) TMI 1935

Abeyance of NCLT proceedings pending completion of governmental investigation proceedings and submission of the report.

Companies Law

2026 (9) TMI 1934

Reasoned Findings in Corporate Oppression Claims Protect Parties from Unexplained Dismissal and Unfair Perjury Consequences

Companies Law

2026 (9) TMI 1852

Private complaints for corporate fraud test Special Court cognizance limits and government authority to institute complaints.

Companies Law

2026 (9) TMI 1851

First-motion merger scrutiny cannot mechanically reject schemes before stakeholder consideration of ante-dated appointed dates and regulatory delays.

Companies Law

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 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 1933

Committee of Creditors' litigating status remains unresolved while impleadment enables participation in pending insolvency proceedings before adjudication.

IBC

2026 (9) TMI 1932

Interim status quo and stay protection declined pending appeal where civil restraint and competing property claims remained unresolved.

IBC

2026 (9) TMI 1931

Condonation of delay permits restoration applications beyond prescribed period where counsel's conduct establishes sufficient cause.

IBC

2026 (9) TMI 1930

Deemed security relinquishment places uninvoked bank-guarantee funds and supporting FDRs in the liquidation estate after creditor inaction.

IBC

2026 (9) TMI 1929

Confidentiality safeguards for suspended directors preserve resolution-plan access while protecting valid creditor committee proceedings from unsupported challenges.

IBC

2026 (9) TMI 1850

Fraud classification requires reliable evidence; an inconclusive forensic audit and borrower reply cannot justify reporting measures.

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 1846

Mandatory FEMA preliminary procedure invalidates adjudication where borrower eligibility is assessed without considering applicable external borrowing circulars.

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 (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 1996

Trial completion timeline extended while bail, re-arrest procedure, confessional evidence, and alleged bail misuse remain in issue.

Money Laundering

2026 (9) TMI 1928

Regular bail after surrender remains available despite dismissal of challenge to the underlying order in money-laundering proceedings.

Money Laundering

2026 (9) TMI 1927

Simultaneous judgment requirement permits PMLA proceedings to continue alongside predicate-offence proceedings while synchronising final pronouncements.

Money Laundering

2026 (9) TMI 1926

Criminal process limits bar debt recovery but preserve homebuyer fraud and money-laundering investigations where predicate allegations survive.

Money Laundering

2026 (9) TMI 1925

PMLA Attachment Overrides Prior Mortgage Where Secured Creditor Cannot Establish Bona Fide Interest and Due Diligence.

Money Laundering

2026 (9) TMI 1924

Proceeds-of-crime attachment sustained where forged distribution records and absent beneficiary evidence established misuse of grant funds.

Money Laundering

2026 (9) TMI 1923

Interim patent-dispute deposits are not royalty or intellectual-property service consideration, preventing reverse-charge service-tax liability before settlement.

Service Tax

2026 (9) TMI 1922

Statutory liquor-licence fees fall outside service-tax consideration where the State grants an exclusive privilege without reciprocal service.

Service Tax

2026 (9) TMI 1921

Export status, deemed sales and disclosed Cenvat credit limit service-tax liability and extended-period demands in commercial transactions.

Service Tax

2026 (9) TMI 1920

Deliberate suppression and composite road works determine service-tax limitation and public-road exemption for integral footpath construction.

Service Tax

2026 (9) TMI 1919

Supply of tangible goods classification failed where per-trip vehicle charges reflected transportation rather than renting activity.

Service Tax

2026 (9) TMI 1918

Mining-lease royalty falls outside reverse-charge service tax where pre-change lease execution is verified, preventing penalties.

Service Tax

2026 (9) TMI 1917

AED (GSI) credit cannot offset basic excise duty where final tyre products bear no corresponding additional excise duty.

Central Excise

2026 (9) TMI 1916

Excise-duty remission protects branded goods made unmarketable by trademark injunctions, invalidating dependent demand proceedings that lack an independent basis.

Central Excise

2026 (9) TMI 1915

Maximum packing speed governs capacity-based duty after machine conversion, placing the modified pouch-packing machine in the higher speed category.

Central Excise

2026 (9) TMI 1914

CENVAT credit supported by records and banking payments cannot be denied on untested, uncorroborated supplier statements.

Central Excise

2026 (9) TMI 1913

CENVAT credit requires positive evidence of non-receipt; untested third-party statements cannot justify denial or extended recovery.

Central Excise

2026 (9) TMI 1912

Cenvat credit for spool welding electrodes remains available when they repair and maintain cement manufacturing machinery.

Central Excise

2026 (9) TMI 1910

Statutory appellate remedy for uncalculated DVAT interest requires challenge through appeal rather than writ proceedings.

VAT / Sales Tax

2026 (9) TMI 1909

Mandatory time limits for remanded assessments extinguish unrenewed tax demands and require refund of related objection-stage pre-deposits.

VAT / Sales Tax

2026 (9) TMI 1908

Pre-deposit compliance cannot be insisted upon before verifying whether an appellant was required to file the disputed e-return.

VAT / Sales Tax

2026 (9) TMI 1836

VAT classification of chewing gum follows common parlance, placing it under the residuary entry rather than sweetmeats.

VAT / Sales Tax

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 (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 1907

Statutory appellate jurisdiction cannot be transferred to an Arbitral Tribunal by converting a Section 37 appeal into Section 17 relief.

Indian Laws

2026 (9) TMI 1906

Agricultural produce classification excludes commercially distinct manufactured rice products, invalidating market-fee coverage created through executive scheduling.

Indian Laws

2026 (9) TMI 1905

Cheque dishonour presumptions: admitted signature shifts the evidentiary burden, while unsupported blank-cheque claims and routine revision challenges fail.

Indian Laws

2026 (9) TMI 1904

Statutory conciliation notices under MSMED law are not subject to premature Article 227 review, despite parallel commercial proceedings.

Indian Laws

2026 (9) TMI 1835

Civil remedies do not bar criminal investigation where complaints disclose theft, misappropriation, and require documentary verification.

Indian Laws

2026 (9) TMI 1834

Mandatory Rule 9 payment timelines invalidate secured-asset auction sales where delayed consideration lacks a written extension or authorised continuation.

Indian Laws


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