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Recent Case Laws

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2026 (10) TMI 461

Interest on wrongly utilised input tax credit runs from actual utilisation until reversal, requiring corrected assessment calculations.

GST

2026 (10) TMI 460

Reasoned appellate orders require a hearing, merits determination, and stated reasons; dismissal for non-prosecution is insufficient.

GST

2026 (10) TMI 449

Alternative statutory remedy in GST adjudication remained central to a writ-jurisdiction challenge alleging breach of natural justice.

GST

2026 (10) TMI 448

Writ jurisdiction despite CGST appellate remedy remained undisturbed after Supreme Court declined interference with High Court rulings.

GST

2026 (10) TMI 447

Input tax credit fraud allegations: regular bail assessment considers charge-sheet filing, custody period, antecedents, and compoundable non-bailable GST offences.

GST

2026 (10) TMI 446

GST portal service failures can invalidate notice proceedings where no effective opportunity to respond is provided.

GST

2026 (10) TMI 428

Notional rental income cannot arise from unsold flats before an occupancy certificate permits lawful occupation.

Income Tax

2026 (10) TMI 427

Faceless reassessment notice issuance excludes jurisdictional assessing officers, making their notices unsustainable under the prescribed framework.

Income Tax

2026 (10) TMI 426

Section 263 Revision Fails Where Assessment Already Examined Cash Deposits and No Revenue Prejudice Exists

Income Tax

2026 (10) TMI 425

Charitable trust investment breaches attract maximum marginal rate only on affected income, preserving exemption for remaining qualifying income.

Income Tax

2026 (10) TMI 424

Recorded banking-channel loans cannot be treated as unexplained investments without creditor creditworthiness enquiry or supporting evidence.

Income Tax

2026 (10) TMI 423

Safe custody of company-funded jewellery does not by itself establish receipt of a cash loan or deposit.

Income Tax

2026 (9) TMI 969

Benami property claims cannot enforce ownership or possession through post-commencement suits, even where the underlying sale predates the prohibition.

Benami Property

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 (8) TMI 1545

Benami property exceptions protect a father's purchase in minor children's names from statutory bar and plaint rejection.

Benami Property

2026 (10) TMI 459

Condonation of delay denied for prolonged filing and refiling delays, leaving the special leave petition dismissed.

Customs

2026 (10) TMI 458

Dismissal of civil appeals leaves the underlying customs appellate order undisturbed where no grounds justified intervention.

Customs

2026 (10) TMI 457

Delay and merits determined dismissal of a customs civil appeal, with pending applications also disposed of.

Customs

2026 (10) TMI 456

Statutory appellate remedy governs challenges to customs adjudication orders where no exceptional ground justifies writ jurisdiction.

Customs

2026 (10) TMI 406

Tariff reclassification and MEIS-linked customs recovery remain unsettled after dismissal of an appeal on peculiar facts.

Customs

2026 (10) TMI 405

Prospective trade-policy amendments do not govern earlier multimodal shipments, while provisional release is considered under the Customs Act.

Customs

2026 (9) TMI 2073

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

Companies Law

2026 (9) TMI 2013

Oral corporate agreements remain valid under general contract law, while representative authority requires evidence rather than plaint-stage rejection.

Companies Law

2026 (9) TMI 2012

Consent terms in oppression proceedings can settle challenges to articles amendments and rights issues without merits adjudication.

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 961

Main objects clause limits virtual digital asset investments, rendering pre-amendment preferential issue deployment ultra vires and void.

SEBI

2026 (9) TMI 663

Buyback escrow release does not immunise issuers from independently proven fraud proceedings under market-abuse rules.

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 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 455

Unilateral revocation of development rights did not justify insolvency-process exclusion; land remains subject to interim status quo.

IBC

2026 (10) TMI 401

Arbitral tribunal jurisdiction over joint venture representation disputes limits Article 227 intervention absent patent inherent jurisdictional defect.

IBC

2026 (10) TMI 400

Section 32A immunity protects a corporate debtor from pre-CIRP prosecution after a qualifying resolution-plan-driven management change.

IBC

2026 (10) TMI 399

Leave of the Tribunal is mandatory before commercial proceedings continue against a corporate debtor in liquidation.

IBC

2026 (10) TMI 398

Resolution-plan implementation delays caused by withheld possession may justify time exclusion without changing approved plan terms.

IBC

2026 (10) TMI 397

Appellate Standing Under Insolvency Law Excludes Individual Shareholders Challenging Resolution Plan Approval Without Specific Evidence of Fraud

IBC

2026 (9) TMI 827

Director liability for unrealised export proceeds survives company liquidation when reasonable recovery steps remain unproven.

FEMA

2026 (9) TMI 743

Continuing foreign-asset holdings permit prospective seizure of equivalent domestic assets where statutory suspicion and Indian residence are established.

FEMA

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 (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 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 314

Look Out Circulars require concrete flight-risk material and were quashed despite an ongoing money-laundering investigation.

Money Laundering

2026 (10) TMI 313

Proceeds-of-crime nexus sustained attachment where unexplained cash was linked to unrecorded liquor transactions and excise-duty evasion.

Money Laundering

2026 (10) TMI 252

Equivalent-value attachment under PMLA can reach independently acquired property when scheduled offences and prima facie proceeds are established.

Money Laundering

2026 (10) TMI 452

Interest on investigation deposits runs from payment until refund when the underlying demand is set aside.

Service Tax

2026 (10) TMI 451

Precedential scope limits use of intoxicating-liquor competence ruling to challenge service tax on job-work production.

Service Tax

2026 (10) TMI 395

Mega-exemption for original works in construction services: challenges to the impugned orders were dismissed without interference.

Service Tax

2026 (10) TMI 394

Patent illegality in international arbitration cannot challenge reimbursement of proven project-related service tax under contractual terms.

Service Tax

2026 (10) TMI 393

E-governance portal services fell outside taxable OIDAR and business support categories, while qualifying educational services received exemption.

Service Tax

2026 (10) TMI 392

Branding and promotional arrangements attract service tax, while separately billed room-service food and pass-through electricity recoveries remain outside taxable value.

Service Tax

2026 (10) TMI 306

SSI clearance aggregation and corporate-veil issues remain undisturbed after review petitions were dismissed for lack of merit.

Central Excise

2026 (10) TMI 305

Known encumbrances in secured asset sales remain payable despite secured-creditor priority, preventing delivery of property free from statutory burdens.

Central Excise

2026 (10) TMI 304

Cargo handling classification excludes coal shifting by tipping trucks, while deleted charging provisions cannot sustain service-tax demands.

Central Excise

2026 (10) TMI 303

Clandestine manufacture allegations fail without certified electronic records, corroboration, capacity proof, and procedurally tested statements.

Central Excise

2026 (10) TMI 302

Input service eligibility permits CENVAT credit for business-connected services not excluded under the amended definition.

Central Excise

2026 (10) TMI 301

Captive consumption valuation under Rule 8 applies even where identical excisable goods are also sold to independent buyers.

Central Excise

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 (10) TMI 106

VAT on stock shortages cannot disregard later taxed sales, as doing so risks double taxation and undermines default assessments.

VAT / Sales Tax

2026 (10) TMI 105

Works-contract VAT requires a taxable-turnover mechanism; builder construction after a sale agreement remains taxable in principle.

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 387

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

Indian Laws

2026 (10) TMI 298

SEZ premises possession is separated from monetary claims, with vacant handover and valuation disputes reserved for arbitration.

Indian Laws

2026 (10) TMI 297

Writ jurisdiction cannot replace a lapsed statutory appeal where no jurisdictional defect or authority incompetence is alleged.

Indian Laws

2026 (10) TMI 244

Bank merger does not invalidate a cheque or bar dishonour proceedings when the successor bank assumes the account.

Indian Laws

2026 (10) TMI 104

Registered-post statutory notice to the drawer's correct address triggers presumed service despite receipt by a co-residing family member.

Indian Laws

2026 (10) TMI 103

Juridical Seat Versus Venue: arbitral award challenges lie before the competent court at the contractual place of work.

Indian Laws


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