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Recent Case Laws

View All
2026 (8) TMI 230

Final adjudication of exemption issues awaits resolution of residual grounds before the Single Judge, preserving later challenge rights.

GST

2026 (8) TMI 229

GST Appellate Tribunal access permitted through its President despite incomplete registration and numbering processes, with priority hearing considered appropriate.

GST

2026 (8) TMI 228

Statutory appeal limitation requires consideration of order communication and availability before dismissal as time-barred and merits remand.

GST

2026 (8) TMI 227

Jurisdictional challenge to GST adjudication may proceed in writ jurisdiction despite appellate remedy where no factual inquiry is required.

GST

2026 (8) TMI 226

Provisional bank-account attachment challenge proceeds with authorised representatives directed to appear before the investigating authority.

GST

2026 (8) TMI 225

Consequential GST return corrections for amended export shipping bills permitted, subject to independent verification and merits-based proceedings.

GST

2026 (8) TMI 214

Non-adjudication of appellate grounds cannot support recall when the Tribunal had already considered and rejected them.

Income Tax

2026 (8) TMI 213

Cooperative investment income and qualifying dairy equipment support statutory deduction and additional depreciation claims for the relevant assessment year.

Income Tax

2026 (8) TMI 212

Profit-element taxation of unverifiable purchases sustained where books and sales remained accepted; reassessment procedure was also treated as compliant.

Income Tax

2026 (8) TMI 211

Reassessment requires new tangible material; recipient cash withdrawals cannot reopen previously scrutinised and disclosed purchase transactions.

Income Tax

2026 (8) TMI 210

Business-promotion commission deductions require reliable evidence of recipients, payments and commercial purpose; unsupported secret commission claims remain disallowed.

Income Tax

2026 (8) TMI 209

Mandatory approval for delayed reassessment notices is jurisdictional; approval by an incorrectly designated authority invalidates the notice.

Income Tax

2026 (8) TMI 173

Benami RTGS credits sustained where banking evidence outweighed unsubstantiated gold-sale records and denied cross-examination caused no prejudice.

Benami Property

2026 (7) TMI 860

Fictitious-name benami transactions permit attachment of routed funds when cumulative evidence remains unrebutted by the benefiting participant.

Benami Property

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 1211

Doctrine of election prevents a will beneficiary from asserting inconsistent ownership, while permissive office occupation creates no life interest.

Benami Property

2026 (8) TMI 172

Customs valuation and duty-rate disputes must be pursued before the Supreme Court, not the High Court.

Customs

2026 (8) TMI 171

Anti-dumping recommendatory findings cannot compel consideration of representations before notification, where statutory appellate remedy remains available afterward.

Customs

2026 (8) TMI 170

Customs broker due diligence requires proof of knowing facilitation or incorrect advice, not reliance on importer-approved documents.

Customs

2026 (8) TMI 169

Import misdeclaration requires evidence and a valid valuation basis; unsupported enhancement cannot sustain redemption fine or penalty.

Customs

2026 (8) TMI 168

Coordination compound classification follows the organic ligand, placing magnesium bis-glycinate chelate under the amino-acids tariff heading.

Customs

2026 (8) TMI 121

Departmental appeal thresholds require withdrawal of low-duty CESTAT matters without deciding merits, while leaving legal questions open.

Customs

2026 (8) TMI 26

Police-assisted eviction requires Company Court approval while a purchaser's vacant-possession application remains pending for consideration.

Companies Law

2026 (8) TMI 25

Statutory auditor criminal liability requires statutory duty, knowing falsehood or omission, and pleaded wilful default; negligence alone is insufficient.

Companies Law

2026 (8) TMI 167

Professional certification alone does not establish criminal liability without evidence of knowing falsity, connivance, and timely prosecution.

Companies Law

2026 (8) TMI 166

Corporate fraud and share-transfer disputes require company-law remedies where factual investigation and no distinct public law element arise.

Companies Law

2026 (8) TMI 109

Unadjudicated pleadings do not determine statutory status, while mandamus requires prior demand and demonstrated refusal of mandatory duty.

Companies Law

2026 (7) TMI 1952

Preference shareholders' class-rights variation and interim relief nexus upheld, with no interference in the High Court's decision.

Companies Law

2026 (7) TMI 846

Public duty in stock exchange governance may bring senior officers within anti-corruption law, subject to factual determination.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes precluded writ jurisdiction where arbitration and exchange grievance mechanisms remained uninvoked.

SEBI

2026 (7) TMI 1607

Suspension of securities-law sentences continues pending appeal, with deposit deadline extended and surrender deferred for one month.

SEBI

2026 (7) TMI 1606

Suspension of securities-law sentences granted pending appeals where statutory penalties, repeat prosecution, fines, and directorship remained arguable.

SEBI

2026 (7) TMI 1372

Subsidiary status requires statutory shareholding or board-control conditions; financial support and business arrangements alone cannot establish the relationship.

SEBI

2026 (7) TMI 1135

Pre-cognizance hearing rights apply before SEBI Special Courts take cognizance of complaints under the procedural framework.

SEBI

2026 (8) TMI 24

Resolution plan finality can extinguish excluded claims and justify staying money-decree execution without mandatory deposit pending appeal.

IBC

2026 (8) TMI 23

Timely challenge to contingent claim classification is essential; implemented resolution plans cannot be reopened through delayed creditor claims.

IBC

2026 (8) TMI 22

TReDS reverse factoring preserves trade receivables as operational debt, preventing post-implementation reclassification from reopening a completed resolution process.

IBC

2026 (8) TMI 21

Liquidation asset access rights may be protected when post-insolvency obstruction directly impairs saleability and value realisation.

IBC

2026 (8) TMI 108

Uncrystallized provident fund interest and damages need not be included in an approved insolvency resolution plan.

IBC

2026 (8) TMI 107

Committee of Creditors recommendations must guide liquidator appointments, subject to statutory replacement grounds and regulatory authorisation verification.

IBC

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 1550

Mandatory opportunity notice and speedy trial protections can invalidate delayed foreign-exchange prosecutions despite available criminal revision.

FEMA

2026 (7) TMI 1459

Exclusive supply and customer incentive arrangements require proof of actual foreclosure or denied market access to breach 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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

Law of Competition

2026 (8) TMI 163

PMLA regular bail requirements remained unmet as the scheduled offence subsisted; petition dismissed with liberty to renew before trial court.

Money Laundering

2026 (8) TMI 162

Regular bail in money-laundering proceedings declined amid allegations of tender-related misuse and diversion of public funds.

Money Laundering

2026 (8) TMI 105

Freezing orders under anti-money-laundering law require recorded reasons and compliance with statutory safeguards before adjudicatory confirmation.

Money Laundering

2026 (8) TMI 104

Anticipatory bail in money-laundering investigation denied, with the special leave petition for pre-arrest protection dismissed.

Money Laundering

2026 (8) TMI 103

Medical bail requires demonstrated necessity; clinical stability and assured treatment led to dismissal of interim bail request.

Money Laundering

2026 (8) TMI 102

Resolution-plan assets receive restitution protection, while corporate-debtor immunity preserves proceedings against former management and other liable persons.

Money Laundering

2026 (8) TMI 161

Service tax adjustment or refund remains open until contract classification determines the applicable tax incidence and liability.

Service Tax

2026 (8) TMI 160

Examination-service exemption covers voluntary school Olympiads where services directly relate to conducting and administering examinations.

Service Tax

2026 (8) TMI 159

Revenue neutrality in reverse-charge legal services can defeat service-tax demands where corresponding CENVAT credit is fully available.

Service Tax

2026 (8) TMI 158

Tolerance of an act requires an independent contractual obligation, so retained lapsed-policy premiums are not separately taxable.

Service Tax

2026 (8) TMI 157

Statutory limits on adjournments support dismissal for non-prosecution when repeated requests and absence prevent appeal hearing.

Service Tax

2026 (8) TMI 156

Res judicata does not bar continuing remand proceedings; refund-credit disputes require a reasoned decision on merits.

Service Tax

2026 (8) TMI 95

Review jurisdiction requires a demonstrable error; additional grounds and delayed filing did not justify reopening the prior dismissal.

Central Excise

2026 (8) TMI 94

Input service nexus with manufacture permits Cenvat credit for fly ash pond operations and inward transportation outside factory premises.

Central Excise

2026 (8) TMI 154

CENVAT credit remains available where captive power supports dutiable manufacturing despite surplus electricity supplied outside the factory.

Central Excise

2026 (8) TMI 153

CENVAT credit remains available where substantive conditions are met and no pre-amendment prohibition restricts duty-paid inputs.

Central Excise

2026 (8) TMI 152

FOR destination freight enters assessable value, but prior departmental knowledge can defeat extended limitation for excise demands.

Central Excise

2026 (8) TMI 151

CENVAT credit based on prescribed import documents remains available despite short receipt of imported base oil.

Central Excise

2026 (8) TMI 91

Security deposit retention requires proven contractual loss; unsubstantiated input tax credit claims cannot justify continued withholding after expiry.

VAT / Sales Tax

2026 (8) TMI 7

Review petition repeating previously considered grounds and identical relief is not maintainable and fails on merits.

VAT / Sales Tax

2026 (8) TMI 6

Wilful suppression of turnover supports penalty when return omissions and unexplained delayed disclosures establish deliberate non-reporting.

VAT / Sales Tax

2026 (8) TMI 5

Input tax credit requires independent proof of genuine purchases and physical goods movement, not merely self-generated transaction records.

VAT / Sales Tax

2026 (8) TMI 4

Show-cause notice limits fiscal levies; format-based rejection of taxpayer records requires fresh assessment with meaningful hearing.

VAT / Sales Tax

2026 (8) TMI 150

Industrial unit classification under Rule 28C requires reconsideration where an existing unit never claimed tax concession benefits.

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 (8) TMI 90

Professional negligence allegations against advocates remain within Bar Council discipline; banking fraud lists cannot impose sector-wide professional sanctions.

Indian Laws

2026 (8) TMI 89

Pre-summoning documentary inquiry supports cheque-dishonour proceedings, while disputed liability and premature presentation defences require trial evidence.

Indian Laws

2026 (8) TMI 149

Cheque dishonour liability excludes non-signatory family members of sole proprietorships without a legally recognised basis for vicarious liability.

Indian Laws

2026 (8) TMI 148

Assignment of debt with existing mortgage security attracts prescribed assignment duty, not fresh property-based Panchayat or Municipal stamp duty.

Indian Laws

2026 (8) TMI 147

Statutory demand notice dispatch creates presumed service, supporting cheque-dishonour liability where debt discharge remains unproved.

Indian Laws

2026 (8) TMI 146

Post-award interim protection under Section 9 remains available to unsuccessful arbitral parties in rare and compelling circumstances.

Indian Laws





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