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Recent Case Laws

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2026 (10) TMI 705

Refund appeal limitation bars delayed departmental challenges where internal transmission delays exceed the strictly condonable filing period.

GST

2026 (10) TMI 704

Anticipatory bail in GST credit fraud depends on demonstrated arrest necessity, not merely the alleged economic offence's gravity.

GST

2026 (10) TMI 703

E-Way Bill Omissions Require Tax-Evasion Evidence and Meaningful Hearing Before GST Detention Penalties Are Imposed.

GST

2026 (10) TMI 702

Detention Penalties Require Fair Hearings, Notice-Bound Demands, and Proven Tax Evasion to Be Sustained

GST

2026 (10) TMI 701

Electronic appeal withdrawal permits departmental withdrawal when the disputed amount falls below the prescribed monetary threshold.

GST

2026 (10) TMI 700

Transitional CENVAT credit carried through TRAN-1 remains available when a pre-GST refund claim is withdrawn before final adjudication.

GST

2026 (10) TMI 692

Reassessment based on change of opinion: special leave petition dismissal left the challenge to share-sale capital gains undisturbed.

Income Tax

2026 (10) TMI 691

Reassessment notice validity and stamp-value additions: Special Leave Petition dismissal left the challenged reopening action undisturbed.

Income Tax

2026 (10) TMI 690

Section 153D approval requires genuine application of mind; challenge to section 153A proceedings remained undisturbed.

Income Tax

2026 (10) TMI 689

TDS credit mismatches: employees avoid duplicate recovery when employers deducted tax but failed to deposit or report it.

Income Tax

2026 (10) TMI 688

Additional depreciation on captive power machinery may be sustained where electricity generation constitutes production and revision conditions are unmet.

Income Tax

2026 (10) TMI 687

Timely disposal of income-tax appeals overrides departmental priority categories when statutory timelines remain unmet despite compliance.

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 (9) TMI 1229

Benami confiscation takes precedence over a subsequent secured mortgage, leaving lenders to pursue alternate collateral and statutory claims.

Benami Property

2026 (9) TMI 1140

Prior approval for benami property attachment requires statutory notice and recorded reasons before the approval process begins.

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 654

Town-seizure gold confiscation requires case-specific proof of foreign origin; uncorroborated retracted statements cannot sustain smuggling penalties.

Customs

2026 (10) TMI 653

Re-import duty exemption requires export of the same repaired goods, not identical newly manufactured substitutes without identity declaration.

Customs

2026 (10) TMI 652

Statutory authority for IGST interest determines recoverability of payments after Advance Authorisation exemption surrender during the pre-amendment period.

Customs

2026 (10) TMI 651

Export due diligence failures support customs penalties for concealed substitution of prohibited red sander logs.

Customs

2026 (10) TMI 650

Project-import finalisation requirements: nil-duty concession cannot be denied without proving untimely documents and considering pending extension requests.

Customs

2026 (10) TMI 583

Final resolution plans govern unasserted fiscal demands, leaving departmental appeals' legal questions unanswered where no claim was filed.

Customs

2026 (9) TMI 2073

Forensic audit scope remains limited to debtor-bank transactions, excluding unrestricted scrutiny of banks' wider affairs.

Companies Law

2026 (10) TMI 649

Fair valuation-based buy-out directions were stayed pending appeal amid disputed valuations and minority shareholder exclusion concerns.

Companies Law

2026 (10) TMI 648

Representative stakeholder remedies cannot be pursued individually to reopen concluded oppression and mismanagement proceedings or challenge class-wide final relief.

Companies Law

2026 (10) TMI 253

Company-name rectification requires holistic comparison: TOPLAD too nearly resembles TOPLAND, without proving likely consumer confusion.

Companies Law

2026 (10) TMI 136

Section 244 waiver jurisdiction preserves oppression and mismanagement remedies where statutory member-consent thresholds are satisfied.

Companies Law

2026 (10) TMI 135

Reasoned interim relief requires an effective hearing; non-filing of a reply alone cannot justify substantive ex parte orders.

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 645

Resolution-plan clean slate permits surviving debtor claims while limiting extinguished operational creditor claims to defensive set-off in arbitration.

IBC

2026 (10) TMI 579

Creditor insolvency petitions require an actual statutory act of insolvency; non-payment or attempted transfers do not suffice.

IBC

2026 (10) TMI 578

COVID-19 limitation exclusion preserves the longer unexpired limitation balance, rendering a later-filed insolvency application timely under applicable statutory rules.

IBC

2026 (10) TMI 577

Going-concern liquidation sales commence with the liquidation order, preserving the earlier regulatory framework despite subsequent amendments.

IBC

2026 (10) TMI 576

Bankruptcy estate vesting brings account balances and jewellery sale proceeds under trustee control, excluding only qualifying personal ornaments.

IBC

2026 (10) TMI 480

Timely election to realise secured assets outside liquidation is mandatory; delayed communication leaves assets in the liquidation estate.

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 (9) TMI 1427

Prospective application of FEMA seizure powers permits scrutiny of post-commencement payments, while unreasoned NOC refusals require reconsideration.

FEMA

2026 (9) TMI 1217

Civil FEMA liability for non-compliant foreign investment does not require mens rea and may support property confiscation.

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 644

Likelihood of concealment limits attachment of seized or mortgaged assets, while equivalent-value property may secure dissipated proceeds.

Money Laundering

2026 (10) TMI 575

Money-laundering bail restrictions leave regular bail refusal undisturbed when special leave review declines intervention.

Money Laundering

2026 (10) TMI 475

Corporate liability for alleged money laundering requires evidence linking the company, not merely directors' personal land transactions.

Money Laundering

2026 (10) TMI 454

Premature PMLA challenge disposed of, with liberty to seek adjournment pending resolution of connected proceedings on the issue.

Money Laundering

2026 (10) TMI 453

Women's exception to PMLA bail conditions requires reasoned denial where investigation is complete and custody is unnecessary.

Money Laundering

2026 (10) TMI 396

Proceeds-of-crime nexus is essential: untraced bank balances and contractual loan dues cannot sustain PMLA attachment.

Money Laundering

2026 (10) TMI 643

Service Tax demand verification requires transaction-level evidence, reverse-charge treatment, works-contract valuation and meaningful pre-notice consultation.

Service Tax

2026 (10) TMI 642

Reverse-charge liability for GTA services prevents duplicate service-tax recovery where freight-paying corporate recipients have paid tax.

Service Tax

2026 (10) TMI 641

Liquidated damages for damaged cement deliveries are not taxable declared-service consideration for tolerating breach, while compliance penalties remain.

Service Tax

2026 (10) TMI 640

Transfer of right to use an excavator constitutes a deemed sale, not taxable tangible goods supply.

Service Tax

2026 (10) TMI 639

Service tax exemption for single residential construction covers entire recorded contract consideration where no distinct taxable works are proved

Service Tax

2026 (10) TMI 638

Reverse charge payment by the recipient removes further service-tax liability for the road transport provider.

Service Tax

2026 (10) TMI 635

CENVAT credit for mixed dutiable and exempt production survives where capital goods are not exclusively used for exempt goods.

Central Excise

2026 (10) TMI 634

Extended Limitation and Excess Freight Collections Defeat Excise, Refund-Recovery, and Earlier Service Tax Demands Entirely

Central Excise

2026 (10) TMI 633

Excise-duty demands require corroborated clearance evidence; reliance on ER-6 discrepancies alone cannot sustain liability or extended limitation.

Central Excise

2026 (10) TMI 571

Rule 8(3A) penalty consequences fail after liability and interest payment where the restrictive default-payment regime is ultra vires.

Central Excise

2026 (10) TMI 570

Clandestine manufacture allegations require corroborated proof, limiting excise exposure to actual production and preserving record-keeping liability.

Central Excise

2026 (10) TMI 469

Specific excise exemptions for savoury foods prevail over residual packaged-food entries, despite sealed retail packaging or detailed tariff classification.

Central Excise

2026 (10) TMI 467

CERSAI-registered security interests take priority over unregistered GST charges, invalidating restraints on NOCs for secured assets.

VAT / Sales Tax

2026 (10) TMI 466

Self-assessed VAT refunds remain payable when no assessment, audit, or void arrangement proceedings justify withholding them.

VAT / Sales Tax

2026 (10) TMI 450

Non-interference with a VAT order left the challenged ruling intact and ended the special leave petition.

VAT / Sales Tax

2026 (10) TMI 388

Physical Form at Sale Governs Fiscal Classification, Leaving Powder and Biscuit Drink Preparations Under Residuary Treatment

VAT / Sales Tax

2026 (10) TMI 299

Statutory Preconditions for Tax Scrutiny Bar Proceedings Without Notice, Timely Action, and Gazette-Notified Delegated Authority

VAT / Sales Tax

2026 (10) TMI 245

Transfer of right to use buses requires possession and effective control, excluding service-based bus-hiring arrangements from VAT.

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 3

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

Wealth-tax

2025 (11) TMI 2064

Territorial appellate jurisdiction invalidates orders issued by an appellate authority not assigned the assessee's regional charge.

Wealth-tax

2026 (10) TMI 569

Quashing limits in cheque dishonour disputes require trial where cheque identity and evidentiary effect remain factually contested.

Indian Laws

2026 (10) TMI 465

Disciplinary misconduct proceedings continue despite complaint withdrawal, while review requires demonstrable grounds and Article 226 intervention remains limited.

Indian Laws

2026 (10) TMI 464

Additional evidence under Section 311 CrPC may be admitted after closure when necessary to explain disputed payment records.

Indian Laws

2026 (10) TMI 463

Limited public-policy review preserves maritime arbitral awards where untimely bias challenges and unjustified termination fail.

Indian Laws

2026 (10) TMI 462

Section 37 bail conditions can be met where prolonged custody and weak contraband linkage support regular bail.

Indian Laws

2026 (10) TMI 387

Independently acknowledged cheque liability survives separate acquittal where statutory presumptions remain unrebutted and valid demand notice requirements are met.

Indian Laws


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