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Recent Case Laws

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2026 (2) TMI 827

Natural Justice breached: adjudication proceeded in undue haste and order quashed with remand for fresh hearing.

GST

2026 (2) TMI 826

Moratorium under Insolvency and Bankruptcy Code prevents enforcement without adjudication of its effect; matter remitted for fresh hearing.

GST

2026 (2) TMI 825

Service by email to the taxpayer's provided address upheld; agent negligence does not justify condoning delay in GST appeal.

GST

2026 (2) TMI 824

Notice Requirement: cancellation on unpleaded grounds invalid - fresh show cause with detailed reasons and reply opportunity required.

GST

2026 (2) TMI 823

Payment under protest preserves right to challenge GST demand; proper officer must decide objections in a reasoned order after hearing.

GST

2026 (2) TMI 822

Natural Justice: lack of proven denial and availability of an efficacious statutory appeal preclude writ interference.

GST

2026 (2) TMI 817

Reopening of assessment: failure to consider objections severs nexus between material and reason to believe, invalidating reassessment basis.

Income Tax

2026 (2) TMI 816

Capital Receipt treatment confirmed for excise-duty subsidy; not deducted from asset block for depreciation computation.

Income Tax

2026 (2) TMI 815

NIL withholding certificate: grant where Tribunal conclusively found payments not taxable as royalty and facts are substantially identical.

Income Tax

2026 (2) TMI 814

Reopening assessments: audit opinion alone cannot sustain reassessment; AO must form an independent, reasoned belief under the law.

Income Tax

2026 (2) TMI 813

Sanction requirement under Section 151 defeats reassessment notice issued beyond three years without required higher-level approval, invalidating proceedings.

Income Tax

2026 (2) TMI 812

Tested party selection as the least complex participant under functional analysis; subsequent consistent TPO acceptance can corroborate that choice.

Income Tax

2026 (2) TMI 795

Benami Transaction Definition expanded to include continued holding post amendment, capturing pre amendment transfers where consideration paid by another.

Benami Property

2026 (2) TMI 750

Benami property: transfers made to evade protective land laws are benami and not saved by mere employer confidence.

Benami Property

2026 (2) TMI 620

Benami Transactions fiduciary exception is fact dependent; summary dismissal improper, appeal allowed and matter remitted

Benami Property

2026 (2) TMI 58

Benami property attachment and beneficial ownership inquiry: investment confiscable, prosecution deferred pending reinvestigation.

Benami Property

2026 (2) TMI 57

Benami property transaction involving disputed land: tribunal confirms money-trail based attachment and dismisses appeal against appellant

Benami Property

2026 (2) TMI 303

Explanation to Order 47 Rule 1 CPC and condonation of delay: review limited where later superiorcourt decisions resolve conflicting benches, appeal allowed

Benami Property

2026 (2) TMI 794

Valuation of seized goods upheld when respondent fails to specifically rebut market-based valuation; appeal dismissed for lack of substantial legal question.

Customs

2026 (2) TMI 793

Administrative Circulars and Reasonable Classification can lawfully channel e auctions via a PSU if temporally limited and non arbitrary.

Customs

2026 (2) TMI 792

Classification as Waste and Scrap overrides chemical-composition reclassification where materials are found unusable; reclassification and revaluation fail.

Customs

2026 (2) TMI 791

Penalty under Section 114A unjustified where bona fide self-assessment and voluntary payment defeated allegation of collusion or suppression.

Customs

2026 (2) TMI 749

Right to be heard preserved; special leave petitions dismissed while pending show cause notice may be decided afresh.

Customs

2026 (2) TMI 748

Ministerial import clearance for a specified grade precludes enforcement of restrictions and bars fines or personal penalties against similar importers.

Customs

2026 (2) TMI 613

Rectification of register of members and restoration of shares upheld where duplicate certificates and deficient transfer procedures proved fraudulent.

Companies Law

2026 (2) TMI 543

Corporate name similarity and trademark-like prominence found decisive; petition allowed and impugned registration refusal set aside.

Companies Law

2026 (2) TMI 542

Tribunal issuing sua sponte judicial direction and access to electronic records found to breach audi alteram partem; order quashed

Companies Law

2026 (2) TMI 479

Companies Act complaint maintainability and director vicarious liability tested; lack of mens rea and non joinder led to quashing of proceedings.

Companies Law

2026 (2) TMI 478

Transfer of winding up proceedings to insolvency framework allowed; enforcement by secured creditors not automatically fatal to CIRP application.

Companies Law

2026 (2) TMI 442

Company name similarity and fraudulent incorporation: registration cancelled and funds ordered remitted to liquidation account.

Companies Law

2026 (1) TMI 662

Stock exchange disciplinary action and withheld security: writ maintainable; investigation valid but final board decision set aside as unlawfully constituted

SEBI

2026 (1) TMI 433

AIF trustee debarment for SEBI rule breaches-no investor loss and fund winding-up led to bar treated as expired.

SEBI

2026 (1) TMI 4

Clients authorising third-party F&O trades despite missing pre/post confirmations; broker not liable for losses, award set aside.

SEBI

2026 (1) TMI 1358

Doctrine of merger and trustee-like powers in SEBI-appointed Special Committee; order treated as open-ended, appeals dismissed

SEBI

2026 (1) TMI 1236

Personal liability of directors in regulatory proceedings: attachment challenge refused; pursue statutory appeal under SEBI Act

SEBI

2025 (12) TMI 1674

Market regulator prosecution over access to investigation report and inquiry materials; petition allowed, disclosure ordered with limited redactions

SEBI

2026 (2) TMI 790

Public trust in spectrum: licences are conditional use rights not transferable through insolvency without regulatory clearance.

IBC

2026 (2) TMI 789

Acknowledgement of debt restarts limitation and substantial Form I compliance sustains admission of a Section 7 insolvency petition.

IBC

2026 (2) TMI 788

Inclusion of contractual interest determines maintainability where invoice terms and date of default support computing outstanding.

IBC

2026 (2) TMI 787

Sanctioned scheme binding effect may preclude immediate Section 7 admission; Section 7 admission set aside pending resolution of scheme appeal.

IBC

2026 (2) TMI 786

Revival of insolvency petition after failed OTS upheld, yielding valid admission of the creditor's insolvency application.

IBC

2026 (2) TMI 743

Financial debt classification: payments recorded and characterized as share subscription do not qualify as financial debt, preventing Section 7 initiation.

IBC

2026 (2) TMI 534

Liability of struck off company and directors under FEMA; company appeal dismissed, individual penalty reduced and adjusted.

FEMA

2026 (2) TMI 401

Suit for specific performance and damages: HC limited its ruling on the added issue; enforceability and FERA challenges remain open

FEMA

2026 (2) TMI 188

Export of fish from Exclusive Economic Zone: FEMA and Customs obligations apply, Regulation 14C breach found but penalties reduced.

FEMA

2026 (2) TMI 187

Contravention of foreign exchange rules for offshore import payments -- tribunal reduces penalty to proportionate amount after delay and predeposit

FEMA

2026 (1) TMI 861

Waiver of pre-deposit under Section 19(1) FEMA: Tribunal must allow alternative securities when indigence makes cash deposit impossible

FEMA

2026 (1) TMI 860

FERA violation involving joint bank accounts and service by affixation affirmed, penalty reduced for joint account holder

FEMA

2026 (1) TMI 393

Bid rigging in public tender bids-common IPs, call records and shared EMD led to s.3(3) breach upheld.

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

2025 (12) TMI 1317

WhatsApp user data sharing for advertising and other non-essential purposes-clarification allowed requiring express, revocable opt-in/opt-out consent

Law of Competition

2025 (12) TMI 106

Patent rights trump competition claims as appeal over FCM injection conduct rejected under Section 3(5) Competition Act

Law of Competition

2026 (2) TMI 735

Provisional attachment under PMLA requires a traced nexus to the asset; untied pre existing assets set aside, traced corporate shares upheld.

Money Laundering

2026 (2) TMI 607

Provisional attachment under PMLA: writ relief restrained after Adjudicating Authority confirmation; quashing order set aside, appeal allowed

Money Laundering

2026 (2) TMI 606

Restoration of mortgaged properties under PMLA after insolvency and settlements; possession returned to the resolution applicant

Money Laundering

2026 (2) TMI 533

PMLA provisional attachment of undivided share in immovable property for laundered proceeds upheld; confirmation sustained.

Money Laundering

2026 (2) TMI 435

Interpretation of PMLA Section 8(7) and 8(8): Special Court confirmation set aside; appeal restored for merits.

Money Laundering

2026 (2) TMI 186

Transfer of trials between Special Courts under PMLA and BNSS upheld, allowing consolidation before a single judge.

Money Laundering

2026 (2) TMI 785

Negative list exemption for horticulture confirmed; remaining manpower-supply tax payable with interest but penalties set aside.

Service Tax

2026 (2) TMI 784

Sale versus Service: MLM kit transactions treated as sales, and service tax demands based solely on income tax records are unsustainable.

Service Tax

2026 (2) TMI 783

Refund under Section 102: mandatory for contracts entered before the cut off; Entry 12A exemption applies to government construction services.

Service Tax

2026 (2) TMI 782

Reimbursement of costs not being consideration: such reimbursements are not taxable as management, maintenance or repair services.

Service Tax

2026 (2) TMI 781

Limitation under Section 85(3A): service complete on receipt of full order, appeal filed within condonable month allowed.

Service Tax

2026 (2) TMI 780

Bona fide belief negating culpable intent can relieve penalties, while tax liability stands absent timely verification.

Service Tax

2026 (2) TMI 777

Unutilized Cenvat credit refund permitted; cash refund extends to cess and duty components where credits cannot be carried forward.

Central Excise

2026 (2) TMI 776

Payment by Cenvat credit during default constitutes valid duty payment, subject to interest; confiscation and Rule 25 penalty disallowed.

Central Excise

2026 (2) TMI 731

Extended limitation period by change of opinion invalid where legal interpretation admits rival views; recovery barred for the assessee.

Central Excise

2026 (2) TMI 730

Adjustment of duty short-paid against excess duty paid is permissible after finalisation, with remand for precise computation.

Central Excise

2026 (2) TMI 667

Cenvat credit prohibition declared unconstitutional, duty demands under that restriction invalid while interest remains payable and lesser procedural penalty applies.

Central Excise

2026 (2) TMI 666

Compounded Levy Scheme: manual insertion with band sealing does not constitute packing with the aid of a packing machine.

Central Excise

2026 (2) TMI 775

Intention to evade tax requires more than documentary mismatches; absence of intent defeats penalty and sustains the appeal.

VAT / Sales Tax

2026 (2) TMI 729

Condonation of delay allowed, costs waived and the special leave petition dismissed as modified.

VAT / Sales Tax

2026 (2) TMI 728

Statutory Limitation Period: assessment outside the proviso-driven limitation was time-barred and revision dismissed.

VAT / Sales Tax

2026 (2) TMI 603

Writ challenge to tax assessment and delayed appeal - court declines writ jurisdiction but allows conditional out-of-time appeal.

VAT / Sales Tax

2026 (2) TMI 510

VAT assessment and statutory appellate remedy: court upholds post decisional hearings and transfers pre existing writs to the Appellate Tribunal.

VAT / Sales Tax

2026 (2) TMI 467

Form A 5 compliance in tax exemption claims: revisional inquiry upheld; failure to prove principal's tax payment led to dismissal.

VAT / Sales 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

2024 (1) TMI 439

Section 16(1) intimations under Wealth Tax Act constitute orders subject to revision under Section 25

Wealth-tax

2026 (2) TMI 774

Curable defect in company authorization: subsequent ratification validates prosecution and contested authorization issues go to trial.

Indian Laws

2026 (2) TMI 727

Substitute Arbitrator preserves prior hearings and rulings, restoring validity of earlier arbitral proceedings despite an intervening moratorium.

Indian Laws

2026 (2) TMI 662

Period of validity for cheques governs presentation; alleged invalidity from bank merger is a disputed fact for trial, not pre trial quash.

Indian Laws

2026 (2) TMI 661

Vicarious criminal liability requires material evidence of active involvement or connivance; independent directors quashed, CFO preserved for trial.

Indian Laws

2026 (2) TMI 509

Non-production of postal proof in Section 138 complaint - acquittal set aside and case remanded to permit postal evidence and fresh trial

Indian Laws

2026 (2) TMI 466

BNSS notice requirement and limits on arrest: notice is the rule; arrest requires objective necessity and new materials after notice

Indian Laws


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