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Recent Case Laws

View All
2026 (7) TMI 755

Statutory appellate remedy under GST takes precedence, with filing limitation relaxed for appeal within the time granted.

GST

2026 (7) TMI 754

GST registration cancellation for non-filing may be reversed conditionally where regularisation and compliance better protect revenue interests.

GST

2026 (7) TMI 753

GST refund of recovered demand denied where delayed Tribunal appeal and non-compliance with pre-deposit and undertaking requirements defeat recovery stay.

GST

2026 (7) TMI 752

GST pre-deposit relief applies where the dispute concerns nature of supply and tax was already paid under IGST.

GST

2026 (7) TMI 751

GST notice timing and alternate remedy: prejudice-based challenge fails, with statutory appeal remaining the proper course.

GST

2026 (7) TMI 750

Retrospective GST cancellation alone cannot defeat input tax credit where transaction documents require proper examination and fresh reconsideration.

GST

2026 (7) TMI 746

Change of opinion in reassessment defeats reopening beyond four years when original scrutiny had already examined the same issues.

Income Tax

2026 (7) TMI 745

Direct nexus for eligible unit expenses governs profit-linked deductions, and unrelated research costs cannot reduce deduction claims.

Income Tax

2026 (7) TMI 744

Writ maintainability in tax complaints turns on concrete material, as speculative penalty fears and collateral grievances failed at threshold.

Income Tax

2026 (7) TMI 743

Charitable status for statutory professional bodies can extend to member-based regulatory functions, supporting tax registration and donation approval.

Income Tax

2026 (7) TMI 742

Dividend stripping rules apply only through specific statutory conditions, preventing dividend from being treated as return of capital otherwise.

Income Tax

2026 (7) TMI 741

Jurisdictional sanction for reassessment beyond three years must come from the specified authority, failing which proceedings are invalid.

Income Tax

2026 (7) TMI 736

Benami money trail and prejudice test shape why attachment survived and the cross-examination challenge did not succeed.

Benami Property

2026 (7) TMI 672

Benami cash routing and no proven prejudice from denied cross-examination led to upheld attachment.

Benami Property

2026 (7) TMI 671

Benami finding set aside for incomplete appreciation of evidence; matter remanded for fresh consideration of ownership and attachment.

Benami Property

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 538

Benami share transfer found where nominal payment, deferred consideration, and continued transferor control showed effective ownership remained unchanged.

Benami Property

2026 (7) TMI 537

Prior PMLA attachment did not invalidate benami attachment where the statute allowed an alternate provisional attachment route.

Benami Property

2026 (7) TMI 735

Provisional release of seized imports allowed subject to duty payment, limited security, compliance conditions, and independent adjudication on merits.

Customs

2026 (7) TMI 734

Excise classification of micronutrient mixtures kept pending, with recovery proceedings stayed until the Supreme Court decides the issue.

Customs

2026 (7) TMI 733

Customs penalty ingredients must be specifically proved, and residuary penalty cannot arise without prior notice in the show cause notice.

Customs

2026 (7) TMI 732

Specific tariff classification for quicklime prevailed, placing imported goods under the express heading and negating differential duty, interest and penalty.

Customs

2026 (7) TMI 731

Abatement on death of a party requires timely continuance by legal representatives, failing which tribunal proceedings cannot validly continue.

Customs

2026 (7) TMI 730

Abatement on death of appellant bars tribunal proceedings unless a legal representative timely seeks continuation under the procedural rules.

Customs

2026 (7) TMI 728

Discretionary transfer of winding-up proceedings depends on timely, bona fide grounds and may be refused once liquidation has substantially progressed.

Companies Law

2026 (7) TMI 594

Special Companies Act procedure excludes BNSS pre-cognizance hearing in SFIO prosecutions before the Special Court.

Companies Law

2026 (7) TMI 379

Section 452 offence remains criminal; complaint for wrongful withholding of company property lies before the Judicial Magistrate.

Companies Law

2026 (7) TMI 378

Company law remedies in oppression cases are not barred by lack of consent where transactions are pleaded fraudulent or void.

Companies Law

2026 (7) TMI 332

Fraudulent preference in company property transfer led to void mutation entries and restoration of land records.

Companies Law

2026 (7) TMI 260

Interrogatories in oppression and mismanagement petitions may be allowed when they seek material facts and narrow the controversy.

Companies Law

2026 (7) TMI 593

Depository liability for participant misconduct upheld where supervisory safeguards failed and arbitral award was not patently illegal.

SEBI

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 (7) TMI 727

Interim moratorium under insolvency law bars fresh debt suits, including composite plaints, and can trigger rejection of the plaint.

IBC

2026 (7) TMI 663

Extinguishment of pre-CIRP claims under an approved resolution plan bars survival of an arbitral award.

IBC

2026 (7) TMI 662

Sufficient cause and natural justice justified condonation of delay and restoration of the right to file a defence in insolvency proceedings

IBC

2026 (7) TMI 661

Priority in hearing interlocutory applications was not mandatory where the prior order only granted liberty to seek such consideration.

IBC

2026 (7) TMI 533

Continuing personal guarantee remains enforceable where no lawful revocation or novation is shown, despite resignation and facility renewal.

IBC

2026 (7) TMI 532

Advance-payment supply disputes do not defeat insolvency where debt, default, and valid statutory notice are established.

IBC

2026 (7) TMI 726

Director liability under FEMA requires proof of control or culpable involvement; mere designation alone does not justify penalty.

FEMA

2026 (7) TMI 660

Pre-deposit non-compliance under FEMA did not bar restoration where readiness to pay and medical hardship were shown.

FEMA

2026 (7) TMI 659

Sub judice protection under FEMA barred fresh notice and complaint based on the same cause of action, leading to quashing.

FEMA

2026 (7) TMI 658

Delayed import payments as trade credit under FEMA, with RBI permission unable to cure the contravention and directors held liable.

FEMA

2026 (7) TMI 657

FEMA compliance breaches upheld, but penalties reduced where delayed reporting and share allotment were established on the facts.

FEMA

2026 (7) TMI 330

FEMA penalty limits and power of attorney liability clarified: statutory fit and duplicate penalties for same acts were rejected.

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 725

Proceeds of crime attachment can rest on probable fund tracing, and prior property purchase does not automatically defeat attachment.

Money Laundering

2026 (7) TMI 656

PMLA bail granted where predicate offences were not shown to subsist and no proceeds of crime were identified.

Money Laundering

2026 (7) TMI 655

PMLA attachment survives death of accused; Special Court is the proper forum for confiscation or release orders.

Money Laundering

2026 (7) TMI 464

Unlawful assault claims during PMLA examination failed for lack of contemporaneous evidence and immediate complaint.

Money Laundering

2026 (7) TMI 463

Provisional attachment under PMLA: High Court follows earlier precedent and declines interference with tribunal relief

Money Laundering

2026 (7) TMI 242

Right to travel abroad may be denied on bail when medical necessity is unproven and flight risk threatens the criminal process.

Money Laundering

2026 (7) TMI 724

Residential complex construction before the tax change was treated as non-taxable self-service, including flats allotted to landowners.

Service Tax

2026 (7) TMI 723

Manpower supply classification fails where a contractor performs assigned cleaning and handling work through its own workforce, defeating tax demand.

Service Tax

2026 (7) TMI 722

Pre-deposit refund rights include statutory interest despite DRC-03 payment mode, with litigation costs justified for avoidable departmental harassment.

Service Tax

2026 (7) TMI 721

Cenvat credit refund for export services remains available despite invoices to unregistered premises and objections to input service eligibility.

Service Tax

2026 (7) TMI 654

Residential government construction exclusions, commercial APMC works tax, and GETCO exemption shaped partial remand for recomputation.

Service Tax

2026 (7) TMI 653

Blocked Cess Refunds Under GST Transition Rejected as Dead Credit Not Refundable

Service Tax

2026 (7) TMI 720

Pre-deposit under Section 35F includes earlier appellate deposit, reviving appeals rejected solely for alleged non-compliance.

Central Excise

2026 (7) TMI 719

Concessional CVD credit entitlement remains available, while extended limitation and major penalties fail absent supporting grounds.

Central Excise

2026 (7) TMI 718

Extended limitation in excise demand fails where statutory returns disclose material facts and no corroborative evidence proves wrongful clearance.

Central Excise

2026 (7) TMI 717

Sales promotion input service credit covers taxed dealer commissions, making denial of CENVAT credit and related demand unsustainable.

Central Excise

2026 (7) TMI 644

Finality of rebate orders bars cash refund by later letter when no timely appeal was filed against the original sanction

Central Excise

2026 (7) TMI 588

Suo motu Cenvat re-credit upheld where rebate entitlement was undisputed and recovery notice was quashed.

Central Excise

2026 (7) TMI 716

Declared goods reimbursement limits State input tax credit denial, requiring notifications to be read down for inter-State resale transactions.

VAT / Sales Tax

2026 (7) TMI 715

Secured creditor priority over State tax dues supports sale certificate registration free from later attachment and revenue encumbrance.

VAT / Sales Tax

2026 (7) TMI 643

Retrospective interest liability rejected where Section 10(2) could not apply before its commencement.

VAT / Sales Tax

2026 (7) TMI 642

Transfer of right to use goods requires exclusive control; common amenities in a lease were held not to create a deemed sale.

VAT / Sales Tax

2026 (7) TMI 583

Proceedings against a non-existent amalgamated company are void ab initio; assessment and attachment notices were set aside.

VAT / Sales Tax

2026 (7) TMI 449

Statutory first charge prevails over SARFAESI priority, preserving State tax recovery rights despite later CERSAI registration.

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 714

Settlement preserving cheque dishonour complaints keeps prosecution alive, while civil detention remains distinct from criminal punishment and double jeopardy.

Indian Laws

2026 (7) TMI 641

Motor accident compensation income assessment should use prior returns flexibly, with a three-year average for self-employed earners.

Indian Laws

2026 (7) TMI 640

Specific averments under Negotiable Instruments law are required to prosecute a director for cheque dishonour.

Indian Laws

2026 (7) TMI 639

Limitation under Section 138 notice return cases runs from receipt of the returned cover, not postal endorsement.

Indian Laws

2026 (7) TMI 638

Writ jurisdiction limits in crypto exchange disputes: private claims, factual controversies and investigative directions fell outside Article 226.

Indian Laws

2026 (7) TMI 637

Wrongful suspension of mining lease justified restoration of lost operating period as compensatory relief despite Section 8A objections.

Indian Laws





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