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Recent Case Laws

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2026 (10) TMI 2083

GST audit jurisdiction survives retrospective registration cancellation for records and compliance throughout the notified audit period.

GST

2026 (10) TMI 2082

Electronic credit ledger restrictions lapse at the statutory time limit, preventing continued blocking of input tax credit.

GST

2026 (10) TMI 2081

Regular Bail in GST Input Tax Credit Fraud: Custody Cannot Continue Where Risks Are Manageable by Conditions.

GST

2026 (10) TMI 2080

Prospective operation of GST penalty provisions prevents Section 122(1A) from applying to conduct predating its enactment.

GST

2026 (10) TMI 2079

Statutory appellate remedy limits writ review where disputed hearing-notice service and demand merits require evidentiary examination.

GST

2026 (10) TMI 2078

Reasoned appellate adjudication requires deciding connected rectification and merits appeals, not dismissing one solely for multiplicity concerns.

GST

2026 (10) TMI 2067

Verification of tax declaration forms must precede recomputation of interest expenditure disallowance under appellate directions and withholding requirements.

Income Tax

2026 (10) TMI 2066

Non-quantifiable tax-effect exception cannot preserve departmental appeals where reassessment has already fixed tax liability below the applicable threshold.

Income Tax

2026 (10) TMI 2065

Tax withholding on foreign sales commissions does not arise when agents operate and render services entirely outside India.

Income Tax

2026 (10) TMI 2064

Search-based Section 153A additions stand where seized records link unexplained cash credits to the taxpayer and evidence remains unrebutted.

Income Tax

2026 (10) TMI 2063

CSR donations to eligible charities can qualify for tax deduction independently of the business-expense restriction.

Income Tax

2026 (10) TMI 2062

Income-tax deductions and transfer pricing: approved R&D costs, revenue royalty, and valid comparables determine taxable income.

Income Tax

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 2040

Benami property tests: corroborated ownership evidence supports attachment despite later retraction and unverified funding claims.

Benami Property

2026 (10) TMI 2039

Benami transaction proof requires a demonstrated funding nexus and beneficial interest; otherwise provisional attachment cannot be confirmed.

Benami Property

2026 (10) TMI 1792

Unchallenged settlement deeds confer absolute title, enabling valid testamentary disposition and defeating partition claims based on unproven benami allegations.

Benami Property

2026 (10) TMI 1697

Benami cash deposits through another's bank account remain benami despite prompt banking-channel return, while attachment is limited.

Benami Property

2026 (10) TMI 1651

Pleading-stage scrutiny remains confined to plaint averments, leaving will validity and benami character for trial.

Benami Property

2026 (10) TMI 2038

Preferential certificate of origin verification requires timely, relevant, and disclosed evidence before supporting duty recovery, confiscation, or redemption fine.

Customs

2026 (10) TMI 2037

AIFTA preferential duty cannot be denied using domestic wastage norms where a valid origin certificate establishes regional value content.

Customs

2026 (10) TMI 2036

Burden of proof for unmarked domestic gold prevents confiscation when foreign origin and corroboration remain unestablished.

Customs

2026 (10) TMI 2035

Curable pre-deposit defects require notice and hearing, while refund-linked customs demands fail once underlying refund orders attain finality.

Customs

2026 (10) TMI 2034

Passenger baggage classification excludes Tribunal appeals, requiring revision proceedings even where imported gold is allegedly smuggled.

Customs

2026 (10) TMI 1980

Reasonable belief of smuggling is essential before Customs Act presumptions can support gold confiscation and personal penalties.

Customs

2026 (10) TMI 2033

SFIO investigation orders survive FIR quashing when broader fraud allegations provide relevant grounds for Central Government review.

Companies Law

2026 (10) TMI 2032

Finalised valuation challenges remain barred by res judicata when prior objections were conclusively determined and implementation liberty is limited.

Companies Law

2026 (10) TMI 1878

Wrongful withholding by company director: challenge to notice order fails, leaving criminal proceedings pending intact.

Companies Law

2026 (10) TMI 1577

Liquidation asset-disclosure powers support summons of former directors and require renewed e-bidding after technical failures.

Companies Law

2026 (10) TMI 1499

Civil court jurisdiction survives for challenges to registered sale deeds despite the Companies Act tribunal bar.

Companies Law

2026 (10) TMI 1463

Company Court jurisdiction over liquidation assets permits title determination and expert-assisted sale of paintings within the liquidation estate.

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 2031

Delayed-payment interest requires a contractual basis; an unchallenged full-and-final settlement undertaking precludes further supply-related claims.

IBC

2026 (10) TMI 1877

Arbitral mandate extension belongs exclusively to the statutorily defined court, not the appointing authority, while waiver validates sole-arbitrator proceedings.

IBC

2026 (10) TMI 1876

Interim moratorium leaves pre-existing confirmed auction sales intact and permits possession delivery under a subsequently issued sale certificate.

IBC

2026 (10) TMI 1875

Fraudulent prospectus compensation claims shift to collective insolvency proceedings when misconduct affects an insolvent company.

IBC

2026 (10) TMI 1874

Liquidation Receivables: unpaid business-purchase consideration may be recovered, while controlling directors cannot use a purchaser-company facade to avoid liability.

IBC

2026 (10) TMI 1873

Fresh expressions of interest may follow failed resolution and settlement proposals where creditor voting thresholds remain unmet.

IBC

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 2030

Saved FERA penal proceedings remain subject to criminal appellate jurisdiction despite FEMA's separate appellate framework.

FEMA

2026 (10) TMI 1498

Roster allocation for foreign-exchange adjudication writ petitions places them in the revenue-and-tax group, not the residuary group.

FEMA

2026 (10) TMI 1308

Reasoned adjudicatory orders require disclosed evidence and reasons, requiring fresh adjudication where a penalty finding lacks support.

FEMA

2026 (10) TMI 1080

Foreign-exchange contraventions require proven seizure, admissible records, and corroborated voluntary statements before statutory presumptions or burden shifting can operate.

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 2029

Women accused of money laundering may seek regular bail without statutory twin conditions when prolonged custody makes trial unlikely.

Money Laundering

2026 (10) TMI 1871

Regular bail follows prolonged pre-trial custody where cognizance is pending and trial delay is likely.

Money Laundering

2026 (10) TMI 1870

PMLA arrest power requires recorded reasons and cannot bypass statutory examination merely to facilitate investigation.

Money Laundering

2026 (10) TMI 1869

Inherent jurisdiction limits preserve trial courts' factual control over disclosure compliance while narrowing routine investigator attendance requirements.

Money Laundering

2026 (10) TMI 1868

Money-laundering liability can extend beyond scheduled-offence accused to auditors linked with handling criminal proceeds and layered funds.

Money Laundering

2026 (10) TMI 1867

Statutory examination before arrest requires completion or fresh material before money-laundering arrest powers are used.

Money Laundering

2026 (10) TMI 2028

Natural justice exception preserves writ jurisdiction when ignored extension requests deny a meaningful opportunity to defend.

Service Tax

2026 (10) TMI 2027

Foreign secondment taxability depends on substantive employment nexus, while genuine interpretative disputes bar extended limitation and suppression penalties.

Service Tax

2026 (10) TMI 2026

Taxable-service classification cannot rely on a later-expanded entry or an appellate-stage alternative classification, defeating the proposed demand.

Service Tax

2026 (10) TMI 2025

Extended limitation for service tax requires deliberate evasion, while payments must be appropriated against corresponding liability.

Service Tax

2026 (10) TMI 2024

Air-ticket trading without commission or additional services falls outside taxable tour operator service valuation for service tax purposes.

Service Tax

2026 (10) TMI 2023

Shipping-Bill Route Selection Bars Post-Export Conversion of Failed Documentary Rebate Claims to Schedule-Rate Rebate Without Amendment

Service Tax

2026 (10) TMI 2021

Omission of charging provision preserves compounded levy duty, but unsupported rules cannot impose interest or penalties.

Central Excise

2026 (10) TMI 2020

Premature CENVAT credit availment does not justify total denial where substantive entitlement exists and no premature utilisation occurs.

Central Excise

2026 (10) TMI 1973

General insurance as an input service remains eligible for CENVAT credit when used in manufacturing despite narrowed definitions.

Central Excise

2026 (10) TMI 1972

Resolution-plan approval extinguishes excluded pre-approval central excise dues, preventing continued recovery proceedings against the corporate debtor.

Central Excise

2026 (10) TMI 1949

CENVAT credit reversal option remains available until a manufacturer actually elects an alternative payment method under the Rules.

Central Excise

2026 (10) TMI 1948

Exemption for manufacturing waste and scrap preserves refund entitlement and defeats extended limitation, interest, and penalty.

Central Excise

2026 (10) TMI 2019

Pre-GST ITC set-off takes priority over transitional credit declarations, while excess transitioned credit remains subject to GST verification.

VAT / Sales Tax

2026 (10) TMI 1946

Composition-scheme cancellation requires evidence that the dealer itself made prohibited inter-State purchases, not unsupported inferences from ledger entries.

VAT / Sales Tax

2026 (10) TMI 1766

Statutory limitation bars reopening deemed VAT assessments; requests for assessment records cannot revive reassessment jurisdiction.

VAT / Sales Tax

2026 (10) TMI 1765

Enhanced Additional Court Fee Applies Prospectively Only When Tax Litigation Commences After the Effective Date

VAT / Sales Tax

2026 (10) TMI 1644

Tax reimbursement arbitration permits contractual allocation while import and inter-State sales remain outside DVAT under an integral contractual nexus.

VAT / Sales Tax

2026 (10) TMI 1643

Retrospective evidentiary standards for input tax credit require a fresh opportunity to prove genuine goods 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 2018

Disproportionate assets shift the evidential burden to public servants to explain unexplained wealth through reliable supporting records.

Indian Laws

2026 (10) TMI 1855

Earnest-money shortfalls do not invalidate secured-asset auctions where bids fulfil their purpose and cause no prejudice.

Indian Laws

2026 (10) TMI 1854

Cheque dishonour presumptions require a probable defence; unsupported security-cheque and alteration claims cannot displace liability.

Indian Laws

2026 (10) TMI 1764

State legislative competence over betting on skill games sustained challenged online-gambling amendments against arbitrariness and disproportionality challenges.

Indian Laws

2026 (10) TMI 1682

Equitable full and final debt settlement preserves a running concern while disputed NPA classification and assignment issues remain unresolved.

Indian Laws

2026 (10) TMI 1681

Rebuttable cheque presumptions require complainants to prove enforceable debt once a probable defence shifts the evidentiary burden.

Indian Laws


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