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Recent Case Laws

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2026 (6) TMI 1465

Natural justice in GST adjudication requires effective notice, reply opportunity, and hearing before adverse orders are sustained.

GST

2026 (6) TMI 1464

Transit anticipatory bail in a GST investigation was granted to let accused approach the jurisdictional court under strict conditions.

GST

2026 (6) TMI 1463

GST show cause notices within limitation cannot be quashed in writ jurisdiction where disputed facts require statutory adjudication.

GST

2026 (6) TMI 1462

Section 74 GST proceedings sustained on inspection material, but tax computation errors led to remand for fresh adjudication.

GST

2026 (6) TMI 1461

Secured creditor priority under SARFAESI did not justify quashing the tax charge on mortgaged property.

GST

2026 (6) TMI 1412

GST appeal remedy preserved as writ is disposed of with liberty to approach the Tribunal and seek stay.

GST

2026 (6) TMI 1460

Reassessment limitation and excluded time under section 149(1) upheld, with notice under section 148 treated as valid.

Income Tax

2026 (6) TMI 1459

Unexplained income cannot be imputed to recorded cash sales without book rejection or material discrepancy, Gujarat HC confirms.

Income Tax

2026 (6) TMI 1458

House rent allowance exemption survives when employer pays rent directly but recovers it from salary, as actual rent expenditure is incurred.

Income Tax

2026 (6) TMI 1457

Double taxation not justified where related partnership firms already disclosed and taxed the same income in consolidated accounts.

Income Tax

2026 (6) TMI 1456

Section 80-I deduction must be computed on eligible profits after normal income computation, including Section 32AB adjustments.

Income Tax

2026 (6) TMI 1455

Factual estimation of on-money income upheld; no substantial question of law arose under Section 260A.

Income Tax

2026 (6) TMI 594

Alternate remedy in benami proceedings: writ challenges to notices and provisional attachment were withdrawn with liberty to approach the adjudicating authority.

Benami Property

2026 (6) TMI 197

Review order under benami law not separately appealable; Tribunal's restoration of appeals upheld as barred by civil procedure rules.

Benami Property

2026 (6) TMI 196

Benami transaction proved by unexplained funds and admitted use of another's name; provisional attachment upheld.

Benami Property

2026 (5) TMI 936

Unexplained cash and benami property rules: tribunal holds income-tax filing readiness does not bar PBPT Act proceedings.

Benami Property

2026 (5) TMI 711

Benami transaction law applies to continued holding of property after amendment; provisional attachment upheld.

Benami Property

2026 (5) TMI 660

Benami property inference sustained where unexplained cash routing and insufficient income failed to rebut the source of consideration

Benami Property

2026 (6) TMI 1433

Cenvat credit reversal before use treated as non-availment; appeal disposed of for low tax effect.

Customs

2026 (6) TMI 1432

Customs confiscation and penalty fail where foreign origin is unproven and uncorroborated statements cannot establish smuggled character.

Customs

2026 (6) TMI 1431

Customs valuation must follow the statutory sequence; arbitrary Rule 8 re-determination and related penalties cannot stand.

Customs

2026 (6) TMI 1430

Customs valuation must follow the sequential rules; arbitrary percentage-based revaluation under the residual method was unsustainable.

Customs

2026 (6) TMI 1429

Classification of VRF air-conditioner units as parts under Heading 8415 9000 upheld over split system classification.

Customs

2026 (6) TMI 1377

Anti-dumping duty refund claims follow the general customs refund route when the duty is held not leviable.

Customs

2026 (6) TMI 1428

Subrogation and debt assignment in winding-up: surety rights are limited to proved payment, while assignee rights follow the assigned debt.

Companies Law

2026 (6) TMI 1427

Order VII Rule 11 threshold: disputed facts, limitation, and civil jurisdiction could not defeat a triable plaint.

Companies Law

2026 (6) TMI 1374

Look Out Circulars must rest on specific material and lawful authority; routine commercial default alone is insufficient.

Companies Law

2026 (6) TMI 1307

Appeal from consent order under Companies Act may lie where punitive terms were not consented to and interim protection continued.

Companies Law

2026 (6) TMI 1238

Mandatory strike-off procedure and correct CIN notice are essential; invalid Gazette reliance rendered the company's removal void.

Companies Law

2026 (6) TMI 1155

NCLT jurisdiction bars civil suits where oppression and mismanagement relief can cover access to company records and injunctions.

Companies Law

2026 (6) TMI 717

Statutory appeal bars writ challenge to SEBI IPO approval; petitioner must use the appellate remedy instead.

SEBI

2026 (6) TMI 457

Insider trading and delayed disclosure under the PIT Regulations: SAT relief on trading findings, with penalty sustained for late reporting.

SEBI

2026 (6) TMI 14

PFUTP fraud and hedging principles: excess derivative positions were not manipulative, but disclosure breach remained

SEBI

2026 (6) TMI 1373

Negative futures settlement rates upheld where contract adopted external benchmark and writ relief could not rewrite final settlements.

SEBI

2026 (5) TMI 1383

Impleadment of minority shareholders upheld where the writ outcome directly affected their independent interest.

SEBI

2026 (5) TMI 1036

Maintainability of SCORES-based relief claims: monetary compensation beyond tribunal jurisdiction, with other remedies left open.

SEBI

2026 (6) TMI 1426

CIRP stay dispute over electricity law restrictions and corporate guarantee validity led to a difference of opinion and reference.

IBC

2026 (6) TMI 1372

Clean slate principle bars recovery of pre-CIRP electricity dues and surcharge as a condition for reconnection.

IBC

2026 (6) TMI 1306

Premature challenge to resolution plan reconsideration rejected where no crystallised cause of action was shown.

IBC

2026 (6) TMI 1237

Deemed conveyance under MOFA survives insolvency moratorium; statutory duty to convey title must still be decided on merits.

IBC

2026 (6) TMI 1236

IBC clean-slate protection and later decriminalisation barred continuation of prosecution for pre-CIRP environmental violations.

IBC

2026 (6) TMI 1153

Personal guarantor liability can be proved from loan documents alone, without a separate guarantee deed.

IBC

2026 (6) TMI 802

Sanctions compliance scrutiny by authorised dealer bank upheld where disclosures raised serious transaction-risk concerns.

FEMA

2026 (6) TMI 801

FEMA residence test under Section 2(v) kept immovable property and remittance transactions outside regulatory violations.

FEMA

2026 (6) TMI 184

Foreign security under FEMA includes transferable subscription rights, and seizure is limited to the equivalent value in India.

FEMA

2026 (6) TMI 1371

FEMA contravention does not automatically void a sale deed; civil court relief was barred on the same issue.

FEMA

2026 (6) TMI 1106

Jurisdiction under repealed foreign exchange law failed where specific empowerment was absent for issuing show cause notices.

FEMA

2026 (6) TMI 1016

Review jurisdiction cannot reopen FEMA merits when statutory remedies remain available and no apparent error is shown.

FEMA

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 (1) TMI 1401

Coal handling charges at port found imposed through mandatory coordination fees; impugned order set aside and remitted.

Law of Competition

2026 (6) TMI 1305

Inherent powers cannot quash a prima facie criminal and PMLA case where disputed facts and evidence require trial.

Money Laundering

2026 (6) TMI 1304

PMLA initiation requires recorded satisfaction and cannot be compelled by mandamus merely on an alleged predicate offence.

Money Laundering

2026 (6) TMI 1303

Confirmed PMLA attachment cannot be challenged in writ when statutory remedy before the Special Court is available.

Money Laundering

2026 (6) TMI 1302

Provisional attachment under PMLA yields to a Supreme Court restitution scheme for PACL assets, with matters remitted to the Lodha Committee.

Money Laundering

2026 (6) TMI 1235

PMLA regular bail: bare association and uncorroborated links were insufficient, and prolonged custody favoured release.

Money Laundering

2026 (6) TMI 1015

PMLA arrest power requires fresh, objective material; stale or recycled suspicion cannot justify arrest under Section 19.

Money Laundering

2026 (6) TMI 1425

CENVAT credit on service tax for deposit insurance premium cannot be denied merely because invoices were issued later.

Service Tax

2026 (6) TMI 1424

Extended limitation under service tax law needs proven intent to evade; demand on reverse charge legal services was time-barred.

Service Tax

2026 (6) TMI 1423

Service tax demand fails without specific taxable service and proven taxability; hybrid seeds remain agricultural produce.

Service Tax

2026 (6) TMI 1422

Exempt works contract services cannot face service tax demand based only on Form 26AS receipts

Service Tax

2026 (6) TMI 1421

Limitation bars later service tax demand where excess tax adjustment was disclosed and the underlying service was non-taxable.

Service Tax

2026 (6) TMI 1420

Curable defects in appeal papers cannot justify outright rejection without an opportunity to rectify them; remand follows.

Service Tax

2026 (6) TMI 1419

No suppression of facts defeats extended limitation and penalty where the assessee had disclosed the classification and exemption claim.

Central Excise

2026 (6) TMI 1418

Penalty for exemption-notification disputes fails absent intent to evade duty, even when duty liability is remanded.

Central Excise

2026 (6) TMI 1417

CENVAT credit on GTA services cannot be denied where service tax payment is proved by reliable documentary evidence.

Central Excise

2026 (6) TMI 1359

Revenue deposits under protest attract interest from the date of deposit, with equitable 12% per annum applied on refund.

Central Excise

2026 (6) TMI 1358

Refund of excise duty paid under protest attracts Section 11B, with interest payable only after three months under Section 11BB.

Central Excise

2026 (6) TMI 1357

Limitation and levy on royalty, interest relief, and no excise duty on stowing excise duty under settled precedent.

Central Excise

2026 (6) TMI 1416

Actual tax paid governs penalty, while interest continues on delayed or unpaid tax balances under the sales tax regime.

VAT / Sales Tax

2026 (6) TMI 1415

Substantial justice justified condonation of delay where internal approvals delayed filing and merits required consideration.

VAT / Sales Tax

2026 (6) TMI 1355

Refund claims cannot be barred by extra document demands or delegated limitation where the parent VAT statute grants the right.

VAT / Sales Tax

2026 (6) TMI 1293

Residuary tax entry applied where moulds and dies could not qualify as capital goods without in-State use.

VAT / Sales Tax

2026 (6) TMI 1224

Jurisdictional precondition for VAT search notices requires pending proceedings and recorded satisfaction; absent both, notices fail.

VAT / Sales Tax

2026 (6) TMI 1149

Refund claims under VAT law must be decided by the competent authority, with statutory interest payable if entitlement is established.

VAT / Sales 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

2024 (12) TMI 664

ITAT recalls ex parte wealth tax orders after representative's death created compelling circumstances under Rule 24

Wealth-tax

2026 (6) TMI 1414

SARFAESI jurisdiction bar limits civil suits challenging enforcement measures; statutory remedies before DRT and tribunal must be used.

Indian Laws

2026 (6) TMI 1413

Pleadings and residue-sale claims under SARFAESI were not shown to be frivolous or barred, the HC noted.

Indian Laws

2026 (6) TMI 1354

Look Out Circulars cannot be used for civil debt recovery absent a cognizable offence or recognised exceptional ground.

Indian Laws

2026 (6) TMI 1353

SARFAESI disclosure duties require banks to reveal known encumbrances or face refund and interest claims by auction purchasers.

Indian Laws

2026 (6) TMI 1352

Statutory forfeiture on auction default applies despite re-auction gain and no loss to the bank.

Indian Laws

2026 (6) TMI 1292

Arbitrability of BOCW cess dispute rejected where statutory liability and collection issues had to go before the statutory authority.

Indian Laws





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