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Recent Case Laws

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2026 (5) TMI 574

Provisional release of seized GST goods must first be sought before the Investigating Officer under the statutory mechanism.

GST

2026 (5) TMI 573

Right of appeal under GST cannot be defeated by electronic filing issues; manual filing and delay condonation may be sought.

GST

2026 (5) TMI 572

Input tax credit denial must be re-examined after later statutory amendment and clarification; garnishee order falls with demand

GST

2026 (5) TMI 571

Statutory regulatory functions by an electricity commission are not taxable supplies for service tax or GST purposes.

GST

2026 (5) TMI 570

GST demand quashed where prima facie evidence showed tax may already have been paid on the same transaction

GST

2026 (5) TMI 569

Natural justice requires a meaningful chance to reply before tax adjudication; ex parte order set aside and remitted.

GST

2026 (5) TMI 563

Section 260A appeals on unsecured loans fail where section 68 is discharged and factual findings remain concurrent.

Income Tax

2026 (5) TMI 562

Section 263 revision upheld for unexamined head office expense allocation in Section 80-IA deduction

Income Tax

2026 (5) TMI 561

Finality under the Vivad se Vishwas scheme bars Section 154 rectification unless the scheme expressly allows it.

Income Tax

2026 (5) TMI 560

Initial non-compliance with tax notices cured by later compliance cannot sustain penalty where assessment accepts the replies.

Income Tax

2026 (5) TMI 559

Natural justice required remand where an ex parte appellate order ignored adjournment requests and bona fide explanations.

Income Tax

2026 (5) TMI 558

Late Form 10-IC filing treated as procedural lapse; concessional tax rate under section 115BAA remained available.

Income Tax

2026 (5) TMI 389

Benami attachment cannot extend to an abettor's own assets without proof the assets themselves are benami property.

Benami Property

2026 (5) TMI 287

Benami attachment requires proved nexus between the alleged amount and the attached immovable properties.

Benami Property

2026 (5) TMI 211

Benami property law: cash routed through a third-party account was treated as benami consideration and attachment upheld in principle.

Benami Property

2026 (4) TMI 807

Benami attachment and traced proceeds: wrong property description was curable, while bogus share premium remained attachable as property.

Benami Property

2026 (4) TMI 806

Benami proceedings survive criminal acquittal where fund flow and layering evidence support reasons to believe and provisional attachment.

Benami Property

2026 (4) TMI 1760

Benami law and retrospective penal provisions: SC declined review over attachment, confiscation, and Article 20(1) concerns.

Benami Property

2026 (5) TMI 535

Penalty on customs house agent set aside for lack of evidence of conscious involvement in concealed imported goods

Customs

2026 (5) TMI 534

Partner penalty barred after firm penalty; customs misdeclaration penalty upheld but reduced on proportionality grounds

Customs

2026 (5) TMI 533

Customs recovery demands require valid notice, timely adjudication, and strict adherence to the scope of the initiating notice.

Customs

2026 (5) TMI 532

Customs appeal delay condonation barred beyond the statutory outer limit under Section 128(1) of the Customs Act

Customs

2026 (5) TMI 531

Tariff classification of automatic soap dispenser turns on dispersing liquids, not spraying; Chapter 8424 applies, not Chapter 9616.

Customs

2026 (5) TMI 530

Statutory limitation under Customs law bars condonation beyond the fixed outer period, excluding section 5 of the Limitation Act.

Customs

2026 (5) TMI 73

Statutory appellate remedy and Section 14 limitation exclusion fail where writ proceedings were pursued without bona fide diligence.

Companies Law

2026 (5) TMI 526

Fraud classification requires disclosure of relied-upon material and reasons; undisclosed lender consensus could not sustain the order.

Companies Law

2026 (5) TMI 525

Winding-up petition transfers: bona fide pre-order dispositions may be validated under Section 536(2) when made for fair value.

Companies Law

2026 (5) TMI 524

Waiver of statutory threshold in oppression and mismanagement petitions sustained where prima facie continuing oppression was shown.

Companies Law

2026 (5) TMI 445

Post-winding-up transfer of company property void without validation under Section 536(2), with no ground for interference

Companies Law

2026 (5) TMI 281

Membership for oppression and mismanagement proceedings can arise from substantive recognition, not just formal register entry.

Companies Law

2026 (4) TMI 878

Procedural objection raised too late, with no shown prejudice, led the Supreme Court to decline interference under Article 136.

SEBI

2026 (4) TMI 1752

Conditional directions for SEBI-linked funding: Supreme Court dismissed the petitions on request and granted liberty to proceed in law.

SEBI

2026 (3) TMI 1648

Fraudulent trading and minimum public shareholding breaches upheld; debarment reduced on proportionality, and appeals dismissed.

SEBI

2026 (3) TMI 1596

No ground to interfere with the tribunal order; the civil appeals were dismissed after delay was condoned.

SEBI

2026 (3) TMI 1380

Show-cause notice response time granted as Supreme Court dismisses appeal and leaves remaining merits open.

SEBI

2026 (3) TMI 1255

Promoter-group status and connected trading can support minimum public shareholding breach and fraudulent market conduct findings.

SEBI

2026 (5) TMI 523

Section 7 insolvency cannot be used to enforce a contract-linked repayment dispute arising from a quadripartite home-loan arrangement.

IBC

2026 (5) TMI 522

Corporate debtor premises recovery upheld, with limited time granted to vacate and hand over possession to the Resolution Professional.

IBC

2026 (5) TMI 521

Resolution plan approval unchallenged, grievance left open before adjudicating authority, so interference was declined.

IBC

2026 (5) TMI 520

Retention allowance during CIRP requires legal proof of entitlement; payment slip and endorsement alone were found insufficient.

IBC

2026 (5) TMI 519

Section 14 Limitation Act exclusion applies to prior insolvency proceedings barred by pre-existing dispute, preserving suit limitation.

IBC

2026 (5) TMI 518

Recall of Section 7 insolvency admission is limited to narrow grounds; third-party intervention and delayed challenge fail.

IBC

2026 (5) TMI 515

Foreign buyer commission not export proceeds absent exporter's receivable entitlement; FEMA penalty fails on that basis.

FEMA

2026 (5) TMI 514

Form FC-GPR reporting delay cannot be fastened on company where authorised dealer bank caused the forwarding lapse.

FEMA

2026 (5) TMI 380

FEMA penalty framework: authorised persons remain liable, but individual vicarious liability requires proof of responsibility during the relevant period.

FEMA

2026 (5) TMI 379

Retracted statements and corroborating material can sustain FEMA contravention; separate customs settlement does not bar distinct foreign exchange action.

FEMA

2026 (5) TMI 207

Foreign exchange contravention requires actual dealing or unauthorised currency conversion; Indian-currency cheque from NRE account was not enough.

FEMA

2026 (5) TMI 206

RBI share transfer compliance and forgery allegations failed where documentary proof and bank reporting supported the transaction.

FEMA

2026 (5) TMI 378

Natural justice in competition proceedings requires notice before departing from the investigation report's findings.

Law of Competition

2026 (4) TMI 801

Cartel evidence through emails upheld, with partner liability and penalty principles sustained under competition law.

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 (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

2026 (5) TMI 440

Statutory bail protections for women and prolonged custody can justify bail despite pending money laundering proceedings.

Money Laundering

2026 (5) TMI 377

Writ jurisdiction after statutory order under money-laundering attachment rules, with merits left open for High Court review

Money Laundering

2026 (5) TMI 376

Regular bail under the PML Act upheld, with delay condoned and liberty reserved for breach of bail conditions.

Money Laundering

2026 (5) TMI 375

Prolonged custody and parity with co-accused justified bail where trial had not begun and delay was likely.

Money Laundering

2026 (5) TMI 374

Premature writ challenge in money laundering proceedings rejected where statutory adjudication and reply stage were still pending.

Money Laundering

2026 (5) TMI 273

PMLA bail requires foundational proof of laundering link; custodial statements and prolonged incarceration may not justify continued detention.

Money Laundering

2026 (5) TMI 513

Service tax adjudication remitted after ex parte order; petitioner allowed to file a fresh reply and exemption claim reconsidered.

Service Tax

2026 (5) TMI 512

Territorial jurisdiction failure vitiates adjudication and recovery notice; proceedings cannot stand when issued by the wrong authority.

Service Tax

2026 (5) TMI 511

Retrospective service tax validation sustains goods transport operator demand, but timely return filing defeats interest levy.

Service Tax

2026 (5) TMI 510

Service tax on residential construction and land-owner flats was held inapplicable, with extended limitation and penalty also rejected.

Service Tax

2026 (5) TMI 509

Threshold exemption and suppression findings reduced service tax liability, while interest and penalties were largely sustained.

Service Tax

2026 (5) TMI 508

Service tax on mining rights payments turns on the service date, not later payment, under the pre-2016 negative list regime.

Service Tax

2026 (5) TMI 506

Place of removal in FOR sales allows GTA credit where freight and insurance form part of assessable value.

Central Excise

2026 (5) TMI 505

Section 4A valuation requires abatement-based duty recomputation when classification is accepted under the relevant excise notification.

Central Excise

2026 (5) TMI 504

Repacking without transformation is not manufacture under central excise when statutory deeming conditions are absent.

Central Excise

2026 (5) TMI 503

Valuation dispute on place of removal leads to remand for fresh consideration of CENVAT credit reversal.

Central Excise

2026 (5) TMI 433

Discount abatement in valuation cannot be denied where transaction-wise correlation is impracticable and records substantiate the claim.

Central Excise

2026 (5) TMI 432

Rectification for mistake apparent on record fails where the issue was already decided under binding manufacture law.

Central Excise

2026 (5) TMI 502

Writ interference refused over remand, concurrent findings and restricted review jurisdiction in assessment proceedings

VAT / Sales Tax

2026 (5) TMI 431

Statutory remedy in certificate proceedings prevails, with limited interim protection to enable a liability objection before the officer.

VAT / Sales Tax

2026 (5) TMI 430

Limitation for revisional tax orders: an order passed beyond the statutory period was held void and set aside.

VAT / Sales Tax

2026 (5) TMI 261

Belated writ challenge and unavailed alternate remedy bar interference under Article 226 in the stated tax dispute.

VAT / Sales Tax

2026 (5) TMI 128

Reopening of assessments and Form F transactions require fresh review after the later Supreme Court clarification on statutory scope and fraud exceptions.

VAT / Sales Tax

2026 (4) TMI 1654

Deemed rectification and delayed refund interest cannot be defeated by later void proceedings under sales tax law.

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 (5) TMI 501

Honorific entitlement for public functionaries cannot be denied on grounds of personal familiarity or grievance.

Indian Laws

2026 (5) TMI 429

Cheque dishonour presumption under the Negotiable Instruments Act was not rebutted; revisional interference was unwarranted.

Indian Laws

2026 (5) TMI 428

Default imprisonment for non-payment of compensation must stay within statutory limits and satisfy Article 21 proportionality.

Indian Laws

2026 (5) TMI 260

Arbitral jurisdiction objections under Section 16 are challengeable only after the final award when rejected, not by immediate appeal.

Indian Laws

2026 (5) TMI 259

Cheque Dishonour Presumption and disputed defences were insufficient to quash process at the threshold.

Indian Laws

2026 (5) TMI 258

Legally enforceable debt requirement under cheque dishonour law: part payments must be endorsed before re-presentation for full amount.

Indian Laws





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