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Recent Case Laws

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2026 (9) TMI 407

Alternative statutory remedy under GST law channels writ disputes to appellate review on merits without prejudicial observations.

GST

2026 (9) TMI 406

Statutory appeal limitation extended, allowing filing within 30 days while preserving all merits and pre-deposit contentions.

GST

2026 (9) TMI 405

GSTAT remedy preserved as petitioners may raise all grounds and seek Limitation Act time exclusion

GST

2026 (9) TMI 404

Portal-based show-cause notice service without separate intimation breaches natural justice, requiring a fresh hearing and reasoned determination.

GST

2026 (9) TMI 403

Rule 86A-blocked input tax credit cannot meet statutory pre-deposit requirements; corrected DRC-07 errors preserve appellate access.

GST

2026 (9) TMI 402

Availability of the GST Appellate Tribunal requires taxpayers to pursue the statutory Section 112 appeal rather than continue writ proceedings.

GST

2026 (9) TMI 392

Independent satisfaction in reopening proceedings: challenge to bogus-purchase expense disallowances was dismissed at the final stage.

Income Tax

2026 (9) TMI 391

Condonation of delay requires legally sufficient reasons; an untimely tax challenge did not proceed to substantive review.

Income Tax

2026 (9) TMI 390

Alternative Statutory Remedy for Section 143(1) Intimation: ITAT Route Remains Open With Delay Condonation Request

Income Tax

2026 (9) TMI 389

Sufficient cause for delayed income-tax appeals includes bona fide administrative processing, while merits remain outside condonation review.

Income Tax

2026 (9) TMI 388

Interplay of export and infrastructure deductions permits independent computation, subject to the eligible business-profit ceiling.

Income Tax

2026 (9) TMI 387

Secured creditor priority under SARFAESI prevails over unproclaimed income-tax attachments lacking legally required enforcement and public registration.

Income Tax

2026 (8) TMI 818

Benami property attachment sustained where alleged loan consideration lacked credible proof, traceable lenders, and explained funding sources.

Benami Property

2026 (8) TMI 817

Benami property transactions arise where beneficial ownership funds acquisitions and ostensible owners cannot prove independent means or genuine loans.

Benami Property

2026 (8) TMI 439

Benami ownership requires proof of consideration and beneficial ownership, with cross-examination required for retracted foundational statements.

Benami Property

2026 (8) TMI 438

Provisional attachment requires evidence of alienation risk; prior Income Tax Department custody made attachment unsustainable.

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 (8) TMI 1327

Benami transaction definition requires owner's lack of knowledge; acknowledged share allotment and buy-back consideration defeated the statutory claim.

Benami Property

2026 (9) TMI 364

Alternative statutory remedy and writ jurisdiction over provisional release: SLP dismissed without interference with bank-guarantee condition.

Customs

2026 (9) TMI 363

Verified judicial precedent is essential in customs adjudication; penalty orders relying on fabricated AI authorities require fresh determination.

Customs

2026 (9) TMI 362

Customs seizure safeguards do not mandate unconditional jewellery release where disputed liability requires statutory appraisement and proceedings.

Customs

2026 (9) TMI 361

Alternative customs appeal remedy limits Article 226 review where disputed facts and substantial delay lack exceptional circumstances.

Customs

2026 (9) TMI 360

Release of seized goods remains unavailable when the show-cause notice is issued within a validly extended statutory period.

Customs

2026 (9) TMI 359

Statutory Appellate Remedy Bars Writ Challenge to Provisional Release Orders Without Exceptional Circumstances in Customs Matters

Customs

2026 (9) TMI 99

Limitation for Official Liquidator claims extends through Article 137 and statutory exclusion, preserving claims filed within the available period.

Companies Law

2026 (9) TMI 358

Permanent winding-up stays require a bona fide revival plan advancing public interest, commercial morality, creditor settlement and worker protections.

Companies Law

2026 (9) TMI 208

Clear court undertakings support contempt, while asset-dissipation risk can justify security for enforcement of foreign money decrees.

Companies Law

2026 (9) TMI 207

Forensic audit in foreign-award enforcement can trace alleged asset dissipation without deciding ultimate civil, contempt, or restitutionary liability.

Companies Law

2026 (9) TMI 16

Summary resumption of disputed assigned land cannot override a court-supervised auction without adjudication of title and transfer claims.

Companies Law

2026 (9) TMI 15

Annual liquidation accounts require consolidated financial reporting; audited half-yearly accounts cannot replace the statutory annual filing obligation.

Companies Law

2026 (9) TMI 98

Competing open-offer timelines run from the first detailed public statement, preventing revival after the offer process closes.

SEBI

2026 (9) TMI 302

Leave against acquittal requires arguable grounds for deeper scrutiny, while certified-copy time is excluded from limitation.

SEBI

2026 (9) TMI 206

Clearing member liability for trading member client defaults requires a statutory duty and authorised monetary remedy.

SEBI

2026 (9) TMI 14

Disclosure in public interest litigation is mandatory; suppression of overlapping proceedings defeats equitable writ relief and warrants costs.

SEBI

2026 (8) TMI 1452

Pre-litigation mediation exemption applies where commercial suits genuinely require urgent disclosure and asset-protection interim relief for affected investors.

SEBI

2026 (8) TMI 1401

SEBI ODR arbitration requires participation after failed conciliation while preserving jurisdictional and maintainability objections for arbitral determination.

SEBI

2026 (9) TMI 357

Time-extension penalties cannot be shifted to resolution applicants and homebuyers as insolvency resolution costs for a developer's default.

IBC

2026 (9) TMI 356

CIRP termination granting sought relief cannot itself support a challenge to the termination order.

IBC

2026 (9) TMI 355

IBC overriding effect extinguishes pre-CIRP electricity parallel operation charges covered by an approved resolution plan.

IBC

2026 (9) TMI 301

Interim moratorium exclusion permits narrowly tailored arbitral asset-protection measures in personal-guarantor insolvency proceedings pending arbitration.

IBC

2026 (9) TMI 300

Section 10A protection bars CIRP when cash credit repayment defaults arise within the statutorily protected period.

IBC

2026 (9) TMI 205

Resolution-plan finality extinguishes unpreserved pre-approval provident fund claims and bars post-CIRP recovery against restructured corporate debtors.

IBC

2026 (8) TMI 801

Equivalent-value property seizure under FEMA may proceed on prima facie evidence of unauthorised overseas fund transfers.

FEMA

2026 (8) TMI 165

Proof of actual software receipt is required for foreign-exchange remittances; authorised company officers remain liable without due diligence.

FEMA

2026 (8) TMI 164

Foreign-exchange compliance breaches in share transfers and escrow security arrangements sustained, while chairman's residential-status charge failed.

FEMA

2026 (8) TMI 106

Company officer liability for neglected export-proceeds compliance retained, while monetary penalty was reduced to the pre-deposit.

FEMA

2026 (7) TMI 1950

Current account treatment for definite tournament services removes most foreign-exchange contraventions, but excess remittance and delayed repatriation remain liable.

FEMA

2026 (7) TMI 1854

Statutory penalty ceilings preserve adjudicatory discretion; enhancement requires proof that the imposed penalty was improperly or disproportionately low.

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 354

Anticipatory bail in money-laundering matters engages twin bail conditions and the independent status of predicate offences.

Money Laundering

2026 (9) TMI 353

Article 21 protection permits conditional PMLA bail where prolonged pre-trial custody makes trial completion remote.

Money Laundering

2026 (9) TMI 352

Property-specific money-laundering findings are mandatory; general freezing reasons cannot justify retention or permit appellate reconstruction.

Money Laundering

2026 (9) TMI 351

PMLA attachment standards validate single-member adjudication and preserve alleged proceeds of crime where statutory reasons support immediate restraint.

Money Laundering

2026 (9) TMI 299

Continued property retention under anti-money-laundering law requires cogent material, adjudicatory satisfaction, and notice to affected owners.

Money Laundering

2026 (9) TMI 298

Confirmed PMLA Attachments Override Subsequent Sale Deeds and Prevent Purchasers from Resisting Property Auctions in Enforcement Proceedings

Money Laundering

2026 (9) TMI 350

Pre-deposit compliance permits restoration requests after portal payment, while DRC-03 refund claims require separate applications.

Service Tax

2026 (9) TMI 349

Service-tax classification and taxability disputes must reach the Supreme Court, leaving High Court appeals non-maintainable.

Service Tax

2026 (9) TMI 348

Prior appellate service-tax exemption determination bars duplicate demand and garnishee recovery for the same tax period.

Service Tax

2026 (9) TMI 347

GST appellate remedy requires Tribunal challenge within the prescribed window, with Section 74 issues reserved for appellate determination.

Service Tax

2026 (9) TMI 346

Revenue neutrality in reverse-charge taxation defeats extended limitation and suppression penalty, while verified unreconciled expenses remain taxable normally.

Service Tax

2026 (9) TMI 345

Extended limitation requires proven intent to evade; unreconciled turnover and directors' salary cannot sustain service-tax demands.

Service Tax

2026 (9) TMI 343

Extended limitation cannot apply where prior Cenvat credit disclosures reveal material facts and later departmental letters add nothing new.

Central Excise

2026 (9) TMI 342

Input credit for construction steel requires item-wise reassessment under the applicable legal test for eligibility.

Central Excise

2026 (9) TMI 290

Automobile-part classification excludes fare meters serving only fare calculation, preventing maximum-retail-price based excise valuation for such devices.

Central Excise

2026 (9) TMI 181

Job-work valuation under Rule 10A excludes notional profit, while exemptions depend on valid principal-manufacturer undertakings.

Central Excise

2026 (9) TMI 180

Payment under protest preserves excise refund eligibility by excluding limitation where duty liability remained continuously disputed.

Central Excise

2026 (9) TMI 179

Assessable value in buyback supplies requires arm's-length pricing; below-cost contractual prices triggered cost-based valuation and eliminated penalties.

Central Excise

2026 (9) TMI 341

Contractor material supplies become taxable sales when their value is recovered through deductions from final contractual payments.

VAT / Sales Tax

2026 (9) TMI 3

High Court judgment in VAT dispute remains undisturbed after special leave petition is dismissed without interference.

VAT / Sales Tax

2026 (9) TMI 177

Title-based classification of railway rolling-stock transfers determines taxable sales, while agency procurement avoids an intermediate sales-tax transaction.

VAT / Sales Tax

2026 (9) TMI 176

Finality of assessments bars challenges to consequential demand notices seeking to revive exhausted disputes through recovery proceedings.

VAT / Sales Tax

2026 (9) TMI 175

Input tax credit survives subsequent supplier registration cancellation when contemporaneous banking and goods-movement evidence supports genuine purchases.

VAT / Sales Tax

2026 (9) TMI 174

Mens rea and false representation are essential before penalising concessional Form C purchases for registered business machinery use.

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 (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

2026 (9) TMI 81

Delayed Foreign Travel Tax payments before notice do not constitute non-payment, and appellate review cannot worsen penalties.

Indian Laws

2026 (9) TMI 80

Unauthorised occupation standards protect statutory auction purchasers from summary eviction over unresolved lease transfers and disputed prior dues.

Indian Laws

2026 (9) TMI 289

Assignment of secured debt to a bank permits enforcement under SARFAESI despite the originating lender lacking notified status.

Indian Laws

2026 (9) TMI 288

Medicinal Codeine Exemption: Qualifying cough syrup remains outside NDPS controls unless knowingly diverted for intoxication or non-medicinal trafficking.

Indian Laws

2026 (9) TMI 173

EEZ fishing access requires regulated territorial transit channels and timely verification of Access Pass applications by State authorities.

Indian Laws

2026 (9) TMI 1

Vicarious liability for cheque dishonour requires specific allegations of business control, consent, connivance, or neglect; directorship alone is insufficient.

Indian Laws


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