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Recent Case Laws

View All
2026 (7) TMI 77

Transitional VAT credit cannot be refunded under GST, but rejected refund amounts may be re-credited to the electronic ledger.

GST

2026 (7) TMI 76

GST portal service upheld as valid, and writ relief declined where statutory appeal was not properly pursued.

GST

2026 (7) TMI 75

GST refund withholding requires pending proceedings and recorded reasons; mere time to appeal cannot justify deferral.

GST

2026 (7) TMI 74

Writ maintainability in GST disputes is limited once the appellate tribunal is functional and statutory appeal conditions apply.

GST

2026 (7) TMI 73

Retrospective input tax credit relief under Section 16(5) applied, but return-filing dates required verification before final adjudication.

GST

2026 (7) TMI 72

GST enhanced-rate claim required verification and a reasoned decision on the factual payment dispute.

GST

2026 (7) TMI 54

Section 68 additions on penny stock LTCG failed as ITAT factual findings were upheld and no substantial question arose.

Income Tax

2026 (7) TMI 53

Procedural delay in Form 10B filing cannot by itself defeat Section 12A exemption where sufficient cause is shown.

Income Tax

2026 (7) TMI 52

Voluntary retirement tax relief: employees must use the statutory refund process and file returns to claim relief on deducted tax.

Income Tax

2026 (7) TMI 51

Interest on refunded seized cash under Section 132B may include compensatory interest where assessment is not undertaken.

Income Tax

2026 (7) TMI 50

Penalty under section 270A fails without clear misreporting limb and cannot rest on ad hoc disallowances or email-only notices.

Income Tax

2026 (7) TMI 49

Delayed PF and ESI contribution disallowance under processing provisions was held unsustainable for pre-amendment assessment years.

Income Tax

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Alternate remedy in benami proceedings: writ challenges to notices and provisional attachment were withdrawn with liberty to approach the adjudicating authority.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 (5) TMI 936

Unexplained cash and benami property rules: tribunal holds income-tax filing readiness does not bar PBPT Act proceedings.

Benami Property

2026 (5) TMI 711

Benami transaction law applies to continued holding of property after amendment; provisional attachment upheld.

Benami Property

2026 (5) TMI 660

Benami property inference sustained where unexplained cash routing and insufficient income failed to rebut the source of consideration

Benami Property

2026 (7) TMI 28

Pending representations and status quo protection directed for Served From India Scheme scrips in writ proceedings.

Customs

2026 (7) TMI 27

Procedural defect in pre-shipment inspection certificate does not by itself justify confiscation when goods contain no objectionable material.

Customs

2026 (7) TMI 26

Substantial compliance in import inspection certificate upheld; confiscation and penalties set aside where later inspection found no objectionable material.

Customs

2026 (7) TMI 25

Joint and several customs liability cannot stand without identifying the actual importer; matter remanded for fresh adjudication.

Customs

2026 (7) TMI 24

Customs classification requires proof of misdeclaration; without suppression, extended limitation and penalty cannot stand.

Customs

2026 (7) TMI 23

Mandatory verification procedure for origin certificates governs exemption claims; non-compliant rejection defeats customs duty demand and penalties.

Customs

2026 (7) TMI 20

Bona fide dispute over debt bars winding up where liability depends on contested facts and account reconciliation.

Companies Law

2026 (6) TMI 1428

Subrogation and debt assignment in winding-up: surety rights are limited to proved payment, while assignee rights follow the assigned debt.

Companies Law

2026 (6) TMI 1427

Order VII Rule 11 threshold: disputed facts, limitation, and civil jurisdiction could not defeat a triable plaint.

Companies Law

2026 (6) TMI 1374

Look Out Circulars must rest on specific material and lawful authority; routine commercial default alone is insufficient.

Companies Law

2026 (6) TMI 1307

Appeal from consent order under Companies Act may lie where punitive terms were not consented to and interim protection continued.

Companies Law

2026 (6) TMI 1238

Mandatory strike-off procedure and correct CIN notice are essential; invalid Gazette reliance rendered the company's removal void.

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 19

Additional affidavit in remanded insolvency proceedings may be accepted; Rule 55 does not absolutely bar further pleadings.

IBC

2026 (7) TMI 18

Pre-existing dispute under insolvency law must be shown before the demand notice; later claims do not block section 9 admission.

IBC

2026 (7) TMI 17

Personal guarantor liability under IBC upheld where guarantee documents were admitted and Section 99 report was not fatal.

IBC

2026 (7) TMI 16

Pre-admission settlement can undo insolvency admission where the appeal remains a continuation of original proceedings.

IBC

2026 (6) TMI 1476

Difference of opinion on interim CIRP stay led to reference before NCLAT Chairperson, with no final ruling on maintainability.

IBC

2026 (6) TMI 1426

CIRP stay dispute over electricity law restrictions and corporate guarantee validity led to a difference of opinion and reference.

IBC

2026 (6) TMI 802

Sanctions compliance scrutiny by authorised dealer bank upheld where disclosures raised serious transaction-risk concerns.

FEMA

2026 (6) TMI 801

FEMA residence test under Section 2(v) kept immovable property and remittance transactions outside regulatory violations.

FEMA

2026 (6) TMI 184

Foreign security under FEMA includes transferable subscription rights, and seizure is limited to the equivalent value in India.

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 15

Provisional attachment under money-laundering law upheld where material supported belief, and pre-offence property could be attached as equivalent value.

Money Laundering

2026 (6) TMI 1305

Inherent powers cannot quash a prima facie criminal and PMLA case where disputed facts and evidence require trial.

Money Laundering

2026 (6) TMI 1304

PMLA initiation requires recorded satisfaction and cannot be compelled by mandamus merely on an alleged predicate offence.

Money Laundering

2026 (6) TMI 1303

Confirmed PMLA attachment cannot be challenged in writ when statutory remedy before the Special Court is available.

Money Laundering

2026 (6) TMI 1302

Provisional attachment under PMLA yields to a Supreme Court restitution scheme for PACL assets, with matters remitted to the Lodha Committee.

Money Laundering

2026 (6) TMI 1235

PMLA regular bail: bare association and uncorroborated links were insufficient, and prolonged custody favoured release.

Money Laundering

2026 (7) TMI 9

Composite cargo handling contract not taxable as GTA service absent consignment note, so reverse-charge liability failed.

Service Tax

2026 (7) TMI 14

Rebate claim limitation under Notification 41/2012-ST runs from let export order date, not section 11B, and late claims are time-barred.

Service Tax

2026 (7) TMI 13

Export of services and no intermediary status upheld for direct overseas support services, enabling CENVAT credit refund.

Service Tax

2026 (7) TMI 12

Rectification cannot reopen evidence, and transfer of title in immovable property is outside the definition of service.

Service Tax

2026 (7) TMI 11

Revenue-sharing business model not treated as Business Support Service; service tax demand and penalty were set aside.

Service Tax

2026 (7) TMI 10

Extended limitation for service tax demands requires proof of suppression or fraud; penalties fail where bona fide belief is shown.

Service Tax

2026 (7) TMI 7

Rebate under Central Excise export rules applies only to the quantity actually exported, not the quantity cleared from the factory.

Central Excise

2026 (7) TMI 6

Cenvat credit on reverse-charge service tax was allowed on GAR-7 challans without ISD distribution for unit-specific services.

Central Excise

2026 (7) TMI 5

Clandestine removal must be proved by corroborative evidence; private records and one statement alone could not sustain duty or penalty.

Central Excise

2026 (7) TMI 4

Exemption for hot rolled pattas and pattis applies where goods are cleared without cold rolling, defeating duty and penalty.

Central Excise

2026 (6) TMI 1470

Penalty and interest under Central Excise rejected where exemption notification allowed competing interpretations and mandatory conditions were not met.

Central Excise

2026 (6) TMI 1419

No suppression of facts defeats extended limitation and penalty where the assessee had disclosed the classification and exemption claim.

Central Excise

2026 (7) TMI 3

Tribunal to hear second appeal on merits, with jurisdictional reassessment objection left open for decision

VAT / Sales Tax

2026 (6) TMI 1416

Actual tax paid governs penalty, while interest continues on delayed or unpaid tax balances under the sales tax regime.

VAT / Sales Tax

2026 (6) TMI 1415

Substantial justice justified condonation of delay where internal approvals delayed filing and merits required consideration.

VAT / Sales Tax

2026 (6) TMI 1355

Refund claims cannot be barred by extra document demands or delegated limitation where the parent VAT statute grants the right.

VAT / Sales Tax

2026 (6) TMI 1293

Residuary tax entry applied where moulds and dies could not qualify as capital goods without in-State use.

VAT / Sales Tax

2026 (6) TMI 1224

Jurisdictional precondition for VAT search notices requires pending proceedings and recorded satisfaction; absent both, notices fail.

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 2

Proof of outstanding liability failed where incomplete accounts could not establish the exact recoverable balance.

Indian Laws

2026 (7) TMI 1

Reserved MSE procurement cannot be bypassed by labelling a tender as a works contract.

Indian Laws

2026 (6) TMI 1469

Cheque dishonour presumptions under NI Act upheld as security cheque defence failed in revision.

Indian Laws

2026 (6) TMI 1468

Dishonoured cheque liability under the NI Act upheld where statutory presumptions were not rebutted and revision found no interference ground.

Indian Laws

2026 (6) TMI 1467

Premium receipt before accident fixes insurer risk date, so later policy commencement cannot defeat liability.

Indian Laws

2026 (6) TMI 1466

Territorial writ jurisdiction and binding court directions required statutory authorities to implement Bombay High Court orders.

Indian Laws





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