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Recent Case Laws

View All
2026 (3) TMI 299

Statutory appellate remedy affirmed for seizure, prohibition and cancellation; release application must be decided within a short timeframe.

GST

2026 (3) TMI 298

Input tax credit availability must be determined by legal entitlement, so same month distribution follows entitlement not invoice receipt.

GST

2026 (3) TMI 297

Statutory appellate remedy: where an Appellate Tribunal exists, writ relief is ordinarily displaced and remedy must be pursued before the tribunal.

GST

2026 (3) TMI 296

Detention and confiscation of perishable transit goods: 30 day stay, auction with proceeds preserved, vehicle conditionally released pending appeal.

GST

2026 (3) TMI 295

Consolidation of tax periods disallowed: fraud affects limitation but does not permit clubbing separate GST periods into one notice.

GST

2026 (3) TMI 294

Omission of Rule 96(10) removes the statutory basis for proceedings founded solely on it, making such recovery orders invalid.

GST

2026 (3) TMI 283

Limitation under Section 201(3) is computed quarter-wise, rendering three quarter orders time-barred and the fourth valid.

Income Tax

2026 (3) TMI 282

Condonation of delay in tax audit filing upheld; remand for reassessment and consideration of charitable exemption.

Income Tax

2026 (3) TMI 281

Refund adjustment ceiling prescribed by memorandum upheld; excess adjustments must be refunded and recovery stayed pending appeal.

Income Tax

2026 (3) TMI 280

Withholding tax certificate: court ordered lower deduction rate pending revenue examination to prevent undue taxpayer hardship.

Income Tax

2026 (3) TMI 279

Rotation of funds via bank auto sweep accepted as source; addition under unexplained credits provision deleted on evidentiary review.

Income Tax

2026 (3) TMI 278

Relief under Section 89(1) can be claimed alongside tax-free retirement exemption; AO directed to verify and recalculate.

Income Tax

2026 (3) TMI 263

Benami transaction: proceeds and post-amendment holdings treated as benami; fiduciary defence denied where personal benefit and control exist.

Benami Property

2026 (3) TMI 219

Limited grounds for review under Prohibition of Benami Act; without mistake or new evidence, voiding of IDS certificates denied.

Benami Property

2026 (2) TMI 1352

Benami Transactions confirmed; provisional attachment upheld while beneficial owner identity is referred for limited reinvestigation.

Benami Property

2026 (2) TMI 1293

Benami transaction: proof of consideration and control by beneficial owner upholds provisional attachment and dismisses appeals.

Benami Property

2026 (2) TMI 1292

Fiduciary exception rejected; provisional attachment under benami law affirmed where transfers were one way unaccounted accommodation entries.

Benami Property

2026 (2) TMI 1225

Benami property jurisdiction: IBC tribunals lack power to challenge Benami Act attachment; such assets fall outside the liquidation estate.

Benami Property

2026 (3) TMI 262

Service of notices: returned postal articles defeat deemed service; alternative modes including email required before fresh hearing.

Customs

2026 (3) TMI 261

Mandatory Show Cause Notice required before confiscation; order quashed and matter remitted for fresh consideration.

Customs

2026 (3) TMI 260

Statutory appellate remedy: petitioner must prefer an appeal under the Customs Act; writ not used to bypass appeal.

Customs

2026 (3) TMI 218

Pre-execution judicial review of preventive detention refused where proposed detenue absconded; challenge allowed only after surrender and service.

Customs

2026 (3) TMI 217

Voluntary Payment and Estoppel bar refund claims where investigation closure followed payment and no proof of absence of unjust enrichment.

Customs

2026 (3) TMI 216

Prima Facie Test upheld: approver and voluntary statements can supply sufficient material to refuse discharge and proceed to trial.

Customs

2026 (3) TMI 300

Shifting Registered Office permitted where approved resolution plan stands and no stay exists; conditional approval upheld.

Companies Law

2026 (3) TMI 259

Interference with criminal investigation denied as no exceptional circumstances; interim protection and recall of warrants refused.

Companies Law

2026 (3) TMI 258

Validation under Section 536(2): court may validate bona fide post-petition dispositions to enable completion and protect public interest.

Companies Law

2026 (3) TMI 210

Third-party guarantor liability: a voluntary security instrument can be enforced against the provider alongside the primary obligor.

Companies Law

2026 (3) TMI 159

Quashing of FIR where preliminary enquiry failed to establish fraudulent intent and the registration amounted to a roving inquiry.

Companies Law

2026 (3) TMI 111

Class Action Scope: past transactions can be remedied under shareholder class suits, and petition admission was upheld.

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 (3) TMI 257

Personal Insolvency Resolution Process extension permitted for procedural completion; moratorium outer limit remains fixed under the Code.

IBC

2026 (3) TMI 256

Claim updation under Regulation 12A permits withdrawal of satisfied claims but final withdrawal requires adjudicatory determination.

IBC

2026 (3) TMI 255

Service Validity through supplied contacts and substituted publication upheld, guarantee invocation evidenced by recovery certificate sustained.

IBC

2026 (3) TMI 209

Operational Creditor Payment Comparison: employees satisfy Section 30(2)(b) when plan payments exceed liquidation entitlement and unsecured creditor percentage.

IBC

2026 (3) TMI 208

Impleadment: applicant failed to establish indispensability, so joinder refused and appeal can be adjudicated without them.

IBC

2026 (3) TMI 207

Acknowledgement of debt and settlement proposals extend limitation, enabling timely insolvency petitions and sustaining admission.

IBC

2026 (3) TMI 204

Round-tripping: Offshore SPVs lacking bona fide activity used to raise funds and reinvest in India are treated as circumvention of FEMA norms.

FEMA

2026 (3) TMI 155

Liability of struck-off companies persists; legal representatives face estate-limited FEMA penalties, with courts able to reduce penalties for proportionality.

FEMA

2026 (2) TMI 1345

Section 6(4) FEMA protects only legitimately substantiated foreign funds; breach of foreign exchange rules found, penalty reduced.

FEMA

2026 (2) TMI 1344

Contravention under FEMA sustained on documentary nexus, penalties reduced and confiscation of un-surrendered foreign currency upheld.

FEMA

2026 (2) TMI 1283

Abetment liability: corroborated retracted statements and statutory presumption can shift burden, leading to conviction and reduced penalty.

FEMA

2026 (2) TMI 1215

Continuing corporate liability remains enforceable after striking off; directors remain liable but penalties may be mitigated.

FEMA

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 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

2026 (3) TMI 254

Right to Speedy Trial: bail granted where investigation complete, evidence documentary and trial unlikely to conclude soon.

Money Laundering

2026 (3) TMI 253

Provisional attachment upheld where prima facie evidence links property to proceeds of crime via placement, layering and conversion into gold.

Money Laundering

2026 (3) TMI 252

Provisional attachment under PMLA upheld where tracing of proceeds through corporates to recipients supports confirmation.

Money Laundering

2026 (3) TMI 203

Provisional attachment of tainted property under PMLA upheld where investigative links justify treating deposits as proceeds.

Money Laundering

2026 (3) TMI 154

Prima facie satisfaction under Section 45 PMLA may warrant bail where allegations are inferential and risks are mitigable by conditions.

Money Laundering

2026 (3) TMI 153

Provisional attachment of property as proceeds of crime upheld where possession, unexplained repayments and layering establish the requisite nexus.

Money Laundering

2026 (3) TMI 251

Mutuality principle excludes service tax on genuine mutual premiums paid to an incorporated P&I club, defeating the tax demand.

Service Tax

2026 (3) TMI 202

Service tax demand based on income tax returns: set aside and remitted for fresh adjudication; attachments to be withdrawn.

Service Tax

2026 (3) TMI 201

Agricultural produce exemption where blending and packing do not alter essential character; processing treated as non-manufacture.

Service Tax

2026 (3) TMI 200

Specific service classification required: demands on broker commissions, mutual P&I contributions and valuation additions are set aside.

Service Tax

2026 (3) TMI 199

Accommodation exclusion in renting of immovable property: integral hotel facilities do not trigger the deeming rule, exclusion upheld.

Service Tax

2026 (3) TMI 198

Invoice disclosure of tax bars claiming gross receipts as inclusive; pre notice payment with interest can avert penalty relief.

Service Tax

2026 (3) TMI 250

Limitation Regime prevents condonation of delay in fiscal appeals; courts must enforce statutory time bars, denying merits review.

Central Excise

2026 (3) TMI 197

Extended limitation period requires proof of suppression; departmental knowledge of valuation negates suppression, so extension disallowed.

Central Excise

2026 (3) TMI 196

Customs Valuation rules govern EOU DTA clearances, excluding MIP absent evidence; concessional benefit denied for unmet advance-sale conditions.

Central Excise

2026 (3) TMI 195

Finality of adjudication prevents re litigation of identical valuation and exemption issues; extended limitation requires proper foundation.

Central Excise

2026 (3) TMI 149

Reversal of CENVAT credit satisfies neutralisation even if in excess, barring collection based recovery for inter unit transfers.

Central Excise

2026 (3) TMI 148

Conditional exemption breach: supply to DTA attracts duty and sustains penalty and extended limitation for duty-free inputs.

Central Excise

2026 (3) TMI 9

Transfer of Property in Goods: fabricated components that become a distinct commodity are taxable as unspecified goods; embedded costs included.

VAT / Sales Tax

2026 (3) TMI 8

Limitation in Reassessment: reassessment after five years is barred and audit-only objections cannot sustain reassessment.

VAT / Sales Tax

2026 (3) TMI 145

Surcharge on VAT applies in addition to concessional tax for declared goods; levy valid where measured by tax payable.

VAT / Sales Tax

2026 (2) TMI 1265

Common Parlance Test and Essential Character Test govern beverage classification; product held a fruit drink attracting concessional VAT.

VAT / Sales Tax

2026 (2) TMI 1264

Settlement under Maharashtra Settlement Act prevents adjustment of earlier refunds; refund must be released with interest.

VAT / Sales Tax

2026 (2) TMI 1211

Attachment of third-party property invalid where transfer preceded attachment; sale may be registered without a tax NOC.

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 (3) TMI 99

Intra-class discrimination in subordinate legislation remedied: private limited companies given same 'change in management' exemption; amendment not retrospective.

Indian Laws

2026 (3) TMI 98

Limitation and public servant complaints: cognizance valid when identity is established and investigative material supports prima facie case.

Indian Laws

2026 (3) TMI 87

Mandatory auction payment rules void confirmations for non payment; sale set aside and fresh auction ordered with refund.

Indian Laws

2026 (3) TMI 86

Substantive review powers cannot be created by executive direction; vesting orders remain final absent narrow statutory grounds for reopening.

Indian Laws

2026 (3) TMI 7

Surety discharge where creditor permits unauthorized variation - liability limited to obligations before the variance, not subsequent overdrafts.

Indian Laws

2026 (3) TMI 249

Registrar's power to cancel partnership registration is not implied; cancellation quashed and registration restored.

Indian Laws





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