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Recent Case Laws

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2026 (10) TMI 1066

Show-cause notice limits under GST prevent adjudication orders from imposing tax or penalty beyond proposed demands.

GST

2026 (10) TMI 1065

Disclosure of relied-upon documents and reasoned cross-examination decisions require fresh GST adjudication after ex parte procedural defects.

GST

2026 (10) TMI 1064

Pre-deposit rules for penalty-only statutory appeals depend on whether proceedings began before the amended appeal requirement took effect.

GST

2026 (10) TMI 1063

Concessional interest on delayed outward-supply tax payments depends on timely GSTR-3B filing and payment within notified deadlines.

GST

2026 (10) TMI 1062

Anticipatory bail in alleged GST fund misappropriation was denied where fabricated payment documents indicated serious financial misconduct.

GST

2026 (10) TMI 1061

Police investigation alongside GST offences remains available where the same transaction discloses distinct general criminal offences.

GST

2026 (10) TMI 1067

Search assessment additions require seized incriminating material, while documented unsecured loans satisfy cash-credit evidentiary requirements.

Income Tax

2026 (10) TMI 1040

Fresh claims before revisional authorities require facts already on assessment record and cannot bypass timely revised-return requirements.

Income Tax

2026 (10) TMI 1039

Withholding-tax default reassessment fails when no deduction obligation or assessee-in-default status exists, barring undisclosed alternative grounds.

Income Tax

2026 (10) TMI 1038

Optional first-proviso deduction for doubtful or loss assets remains available despite deduction under the main bad-debt provision.

Income Tax

2026 (10) TMI 1037

Faceless reassessment procedure prevents Jurisdictional Assessing Officers from initiating reassessment when automated allocation remains mandatory under the governing scheme.

Income Tax

2026 (10) TMI 1036

Condonation of delayed Form 10B filing permits timely-return treatment where bona fide compliance failures are remedied, subject to costs.

Income Tax

2026 (9) TMI 1948

Section 24 provisional attachment permits same-day notice, approval and attachment when statutory conditions and prior approval are satisfied.

Benami Property

2026 (9) TMI 1390

Final tax adjudication findings negating benami transactions and confirming disclosure undermined prosecution, requiring quashing of criminal proceedings.

Benami Property

2026 (10) TMI 814

Benami cash transfers through proprietorship accounts may trigger limited attachment despite subsequent banking retransfer to the beneficial owner.

Benami Property

2026 (10) TMI 739

Benami transaction requirements cover legitimate funds when consideration and beneficial ownership conditions are met, leaving no review error.

Benami Property

2026 (10) TMI 655

Retroactive Benami enforcement applies procedural amendments, while evidence of funding and control supports property attachment.

Benami Property

2026 (10) TMI 491

Benami transaction indicators established beneficial ownership where the recorded purchaser lacked funds and acted on another's directions.

Benami Property

2026 (10) TMI 989

Customs classification disputes on applicable duty rates must be appealed to the Supreme Court, not the High Court.

Customs

2026 (10) TMI 988

Sufficient cause for customs appeal delay requires litigant vigilance; vague explanations and exclusive reliance on counsel fail.

Customs

2026 (10) TMI 987

Provisional Release Security Excludes Unascertained Penalties, While Detained Goods Receive Full Demurrage and Related Charges Waiver

Customs

2026 (10) TMI 986

Classification of CKD e-bike components as complete electric motorcycles supports differential customs duty and denial of unavailable exemptions.

Customs

2026 (10) TMI 985

Technical payment-crediting failures can support customs interest waiver where bank records prove timely bill of entry payment initiation.

Customs

2026 (10) TMI 984

Burden of proving smuggling remains with Revenue for non-notified goods, making penalty unsustainable in betel nut seizure disputes.

Customs

2026 (10) TMI 982

Finality of affirmed appellate directions bars interference with consequential compliance orders lacking independent findings on the merits.

Companies Law

2026 (10) TMI 877

Interim protection in acquisition disputes requires fulfilled conditions, proven performance, and a present need to preserve subject matter.

Companies Law

2026 (10) TMI 806

Separate corporate personality prevents personal liability of non-executive directors for company deposits without an independent legal basis.

Companies Law

2026 (10) TMI 732

Civil jurisdiction over inherited company-held assets survives where statutory bars and benami objections require evidentiary determination.

Companies Law

2026 (10) TMI 731

Review jurisdiction excludes unclaimed capital-reduction refunds from Investor Education and Protection Fund transfer rules in this context.

Companies Law

2026 (10) TMI 730

Co-operative bank winding-up requires statutory inspection, reasons and a meaningful hearing; Reserve Bank requisition alone is insufficient.

Companies Law

2026 (9) TMI 962

Annulled securities trades require exchange refund of deposited consideration, without forcing delivery or broker arbitration.

SEBI

2026 (9) TMI 1675

Statutory appellate remedy for interim securities restrictions takes priority over writ jurisdiction, preserving objections before the designated appellate forum.

SEBI

2026 (10) TMI 647

Director Liability for Regulatory Refunds Survives Resignation When Tenure Overlaps Investor Fund Mobilisation and Final Recovery Directions

SEBI

2026 (10) TMI 646

Inspection rights in regulatory proceedings exclude electronic material outside the record and not relied upon

SEBI

2026 (10) TMI 402

Finality of unchallenged adjudication orders preserves recovery of fees collected through unregistered investment advisory services after appellate challenge fails.

SEBI

2026 (10) TMI 319

Cross-segment derivatives price manipulation triggers interim market-access restraints, asset preservation, and disclosure obligations pending investigation.

SEBI

2026 (10) TMI 981

Limitation in insolvency appeals: certified-copy exclusions cannot extend filing beyond the statutory ceiling for condonation.

IBC

2026 (10) TMI 980

Late-filed homebuyer claims require recorded corporate liability and sufficient cause for delay in time-bound insolvency resolution.

IBC

2026 (10) TMI 876

Mandatory resolution-plan compliance cannot be cured by creditor approval; liquidation may follow where default causes remain unaddressed.

IBC

2026 (10) TMI 805

Recall for alleged affidavit fraud fails without material deception; indirect liquidation stakeholders cannot join disciplinary proceedings.

IBC

2026 (10) TMI 729

Clean slate protection extinguishes excluded water-charge claims after resolution-plan approval, preventing recovery from the corporate debtor.

IBC

2026 (10) TMI 728

CIRP restoration discretion requires record-based reasons before liquidation can override a unanimous creditor decision on value maximisation.

IBC

2026 (9) TMI 2006

FEMA civil penalties apply without mens rea where charitable trusts retain non-resident rupee borrowings beyond permitted periods.

FEMA

2026 (9) TMI 1846

Mandatory FEMA preliminary procedure invalidates adjudication where borrower eligibility is assessed without considering applicable external borrowing circulars.

FEMA

2026 (10) TMI 979

Corroborated retracted statements support foreign-exchange liability, while unquantified contraventions require proportionate monetary penalties based on proved circumstances.

FEMA

2026 (10) TMI 804

Conflict-of-interest qualifying conditions extend uniformly to borrowers, subsidiaries and associates of a credit rating agency's promoter.

FEMA

2026 (10) TMI 477

FERA civil penalties do not require mens rea, while proportionality review permits interference only for shocking excess.

FEMA

2026 (10) TMI 476

FEMA evidence rules uphold corroborated electronic records but reject liability founded solely on unsupported extrapolated import transactions.

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 (10) TMI 978

Prolonged pre-trial detention cannot continue where investigation is complete and trial completion remains unforeseeable despite statutory bail restrictions.

Money Laundering

2026 (10) TMI 977

Predicate FIR quashing on compromise does not remove PMLA bail rigour while laundering investigation remains incomplete.

Money Laundering

2026 (10) TMI 976

Prolonged pre-trial detention may yield to Article 21 protections despite statutory bail restrictions in money-laundering proceedings.

Money Laundering

2026 (10) TMI 975

Escrow substitution for provisional attachment permits property sales while preserving proceeds of crime for pending trial.

Money Laundering

2026 (10) TMI 974

Proceeds-of-crime property acquired during criminal activity remained attached, supported by reliable Section 50 statements.

Money Laundering

2026 (10) TMI 973

Ex parte online defamation injunctions require prima facie unfair reporting, reputational harm, and balance against free speech before takedown and de-indexing.

Money Laundering

2026 (10) TMI 972

Service-taxability and valuation disputes over bill discounting may follow the statutory direct-appeal route for assessment determinations.

Service Tax

2026 (10) TMI 971

SVLDRS declaration mismatches require reconsideration when show-cause notice liability is accepted as final for settlement purposes.

Service Tax

2026 (10) TMI 970

Partner-owned trade mark royalties lack a separate taxable service relationship, placing mutual partnership use outside service tax.

Service Tax

2026 (10) TMI 969

Cancellation and no-show charges are contractual breach compensation, not taxable consideration for agreeing to tolerate passenger default.

Service Tax

2026 (10) TMI 968

Tender document supply fees are not taxable service consideration because a tender invitation creates no service arrangement with bidders.

Service Tax

2026 (10) TMI 967

Extended limitation cannot rest on genuine uncertainty over subcontractor service-tax liability after the main contractor's payment.

Service Tax

2026 (10) TMI 961

Service-tax valuation disputes follow the specialised statutory appeal route, displacing the general appellate jurisdiction provision.

Central Excise

2026 (10) TMI 960

Strict compliance with concessional excise notification conditions excludes sewage and drainage pumps, while penalty requires supporting evidence.

Central Excise

2026 (10) TMI 959

Education cess on Tea Cess: payment records established discharge through factory-level calculation, accounting, and non-recovery from buyers.

Central Excise

2026 (10) TMI 958

Clandestine removal requires corroborative evidence; input shortages alone cannot sustain a central excise duty demand.

Central Excise

2026 (10) TMI 957

MRP-based valuation for post-GST chewing tobacco cannot sustain differential NCCD demands under an unamended pre-GST notification.

Central Excise

2026 (10) TMI 925

CENVAT credit for common input services remains available, while leased-premises fit-out charges may attract service tax.

Central Excise

2026 (10) TMI 956

Specific-entry classification treats dupattas as exempt woven fabrics, not fibres, because their fabric character governs scheduled-entry coverage.

VAT / Sales Tax

2026 (10) TMI 867

Residual tax classification treats bundled mobile chargers and printer consumables as separately taxable unspecified goods.

VAT / Sales Tax

2026 (10) TMI 866

Separate enterprise classification prevents clubbing of plant and machinery investments, preserving concessional sales tax eligibility for qualifying units.

VAT / Sales Tax

2026 (10) TMI 865

Deemed dealer status binds railway container contractors, requiring statutory records to substantiate any claimed tax non-liability.

VAT / Sales Tax

2026 (10) TMI 864

Projected-revenue taxation requires commenced construction, while assessments require a meaningful opportunity for objections and personal hearing.

VAT / Sales Tax

2026 (10) TMI 707

Prior sanction for specified fiscal offences does not shield independent forgery charges involving disputed tax-evasion transactions.

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 (4) TMI 1915

Territorial appellate jurisdiction invalidates orders by an unauthorised authority, requiring de novo merits adjudication before the competent appellate forum.

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

2026 (10) TMI 955

Independent fiscal offences permit prosecution for delayed returns or knowingly false tax statements without prior assessment or quantified evasion.

Wealth-tax

2026 (10) TMI 3

Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.

Wealth-tax

2026 (10) TMI 954

Temporary injunctions for prima facie defamatory publications can restrain harmful republication while permitting accurate official reporting.

Indian Laws

2026 (10) TMI 863

Section 9 Interim Protection Requires Security Where Financial Distress Creates Serious Risk of Insufficient Assets for Arbitration Award Execution.

Indian Laws

2026 (10) TMI 862

Time-barred debt cheques can revive liability, preventing limitation alone from defeating cheque dishonour prosecution under negotiable instruments law.

Indian Laws

2026 (10) TMI 861

Contractual refunds under Article 226 remain available where public authority defences lack documentary support and deposits lack lawful adjustment.

Indian Laws

2026 (10) TMI 860

Written complaint requirement bars cognizance of securities-contract offences solely on a police report despite police investigation.

Indian Laws

2026 (10) TMI 706

Third-party possession objections require adjudication before coercive recovery can displace a claimant from auctioned property.

Indian Laws


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