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Recent Case Laws

View All
2026 (7) TMI 2013

Statutory appellate remedy for input tax credit penalty challenge remained available with writ-period limitation protection upheld.

GST

2026 (7) TMI 2012

Statutory appellate remedy survives limitation lapse when a stipulated deposit permits merits-based consideration of the delayed appeal.

GST

2026 (7) TMI 2011

Statutory pre-deposit defects cured before decision cannot justify rejecting an appeal without a fair opportunity to rectify them.

GST

2026 (7) TMI 2010

Statutory appellate remedy governs assessment challenges where the show-cause notice alleges transactions with bogus taxpayers.

GST

2026 (7) TMI 2009

Arbitral review: unproved GST payment and unsupported waiver or estoppel can render reimbursement findings patently illegal.

GST

2026 (7) TMI 2008

Statutory appellate remedy bars writ review of service-tax adjudication absent a demonstrated jurisdictional error.

GST

2026 (7) TMI 1994

Electronic reassessment notices need not carry a digital signature where the governing provision does not mandate authentication.

Income Tax

2026 (7) TMI 1993

MPID Act overriding effect and Special Court jurisdiction over seized assets shape depositor-protection escrow and settlement issues

Income Tax

2026 (7) TMI 1992

Prior-period liability crystallisation supports expense allowability, while penalties linked to deleted additions are treated as consequential.

Income Tax

2026 (7) TMI 1991

Reassessment sanction requirements under section 151 remain undisturbed after challenge to reopening notice is not entertained.

Income Tax

2026 (7) TMI 1990

Form No. 4 refund processing requires timely credit despite statutory interest exclusion under the settlement scheme.

Income Tax

2026 (7) TMI 1989

Alternative statutory appeal bars writ challenge where draft assessment objections were not filed before the Dispute Resolution Panel.

Income Tax

2026 (7) TMI 860

Fictitious-name benami transactions permit attachment of routed funds when cumulative evidence remains unrebutted by the benefiting participant.

Benami Property

2026 (7) TMI 736

Benami money trail and prejudice test shape why attachment survived and the cross-examination challenge did not succeed.

Benami Property

2026 (7) TMI 672

Benami cash routing and no proven prejudice from denied cross-examination led to upheld attachment.

Benami Property

2026 (7) TMI 671

Benami finding set aside for incomplete appreciation of evidence; matter remanded for fresh consideration of ownership and attachment.

Benami Property

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 1211

Doctrine of election prevents a will beneficiary from asserting inconsistent ownership, while permissive office occupation creates no life interest.

Benami Property

2026 (7) TMI 1954

Special-purpose vehicle classification excludes enclosed-premises Reach Stackers from motor vehicle status and limits Motor Vehicles Act compensation claims.

Customs

2026 (7) TMI 1953

Customs valuation disputes must proceed to the Supreme Court, as High Court appellate jurisdiction is statutorily excluded.

Customs

2026 (7) TMI 1868

Error apparent on the record governs review of brown basmati rice export-condition and misdeclaration findings.

Customs

2026 (7) TMI 1867

Provisional release requires demonstrable prohibition; disputed tyre classification and possible future misuse cannot justify continued detention pending adjudication.

Customs

2026 (7) TMI 1866

RoDTEP duty credit for qualifying exports cannot be denied where applicable Foreign Trade Policy conditions are fulfilled.

Customs

2026 (7) TMI 1865

Transaction value reassessment requires cogent evidence; valuation guidelines alone cannot displace declared import values or sustain consequential demands.

Customs

2026 (7) TMI 1952

Preference shareholders' class-rights variation and interim relief nexus upheld, with no interference in the High Court's decision.

Companies Law

2026 (7) TMI 1951

Disclosure of SFIO investigation orders may be withheld at the preliminary stage to protect ongoing multi-entity investigations.

Companies Law

2026 (7) TMI 1858

FIR quashing limits preserved investigation into alleged forged loan-security documents despite pending insolvency proceedings and indoor management claims.

Companies Law

2026 (7) TMI 1857

Expiry of letters of credit does not end a continuing sale contract, while unregistered firms face contractual claim bars.

Companies Law

2026 (7) TMI 1856

Necessary-party test governs impleadment of alleged beneficiaries in oppression and mismanagement proceedings, with participation deferred absent proven necessity.

Companies Law

2026 (7) TMI 1788

Company name rectification remains valid when an existing company's application triggers independent statutory opinion formation.

Companies Law

2026 (7) TMI 846

Public duty in stock exchange governance may bring senior officers within anti-corruption law, subject to factual determination.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes precluded writ jurisdiction where arbitration and exchange grievance mechanisms remained uninvoked.

SEBI

2026 (7) TMI 1607

Suspension of securities-law sentences continues pending appeal, with deposit deadline extended and surrender deferred for one month.

SEBI

2026 (7) TMI 1606

Suspension of securities-law sentences granted pending appeals where statutory penalties, repeat prosecution, fines, and directorship remained arguable.

SEBI

2026 (7) TMI 1372

Subsidiary status requires statutory shareholding or board-control conditions; financial support and business arrangements alone cannot establish the relationship.

SEBI

2026 (7) TMI 1135

Pre-cognizance hearing rights apply before SEBI Special Courts take cognizance of complaints under the procedural framework.

SEBI

2026 (7) TMI 1855

Personal guarantor insolvency process withdrawn after full settlement, with admission order set aside by consent.

IBC

2026 (7) TMI 1787

Insolvency moratorium protects only the corporate debtor, allowing consumer complaints against unprotected co-respondents to proceed on merits.

IBC

2026 (7) TMI 1786

Service of notice and unexplained delay justified refusal to recall an ex parte order in insolvency proceedings.

IBC

2026 (7) TMI 1678

Prior approval for liquidator arbitration is mandatory, but post facto approval makes an earlier invocation effective from approval.

IBC

2026 (7) TMI 1677

Reasoned fraud classification requires independent consideration of defences; reproducing audit observations and show-cause allegations is insufficient.

IBC

2026 (7) TMI 1624

Necessary-party requirement: Chapter 11 Trustee removed where no substantive relief or cause of action was pleaded against her.

IBC

2026 (7) TMI 726

Director liability under FEMA requires proof of control or culpable involvement; mere designation alone does not justify penalty.

FEMA

2026 (7) TMI 660

Pre-deposit non-compliance under FEMA did not bar restoration where readiness to pay and medical hardship were shown.

FEMA

2026 (7) TMI 1950

Current account treatment for definite tournament services removes most foreign-exchange contraventions, but excess remittance and delayed repatriation remain liable.

FEMA

2026 (7) TMI 1854

Statutory penalty ceilings preserve adjudicatory discretion; enhancement requires proof that the imposed penalty was improperly or disproportionately low.

FEMA

2026 (7) TMI 1550

Mandatory opportunity notice and speedy trial protections can invalidate delayed foreign-exchange prosecutions despite available criminal revision.

FEMA

2026 (7) TMI 1370

Discretionary confiscation under FEMA permits penalties without forfeiting securities where adjudicatory discretion is properly exercised.

FEMA

2026 (7) TMI 1459

Exclusive supply and customer incentive arrangements require proof of actual foreclosure or denied market access to breach 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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

Law of Competition

2026 (7) TMI 1949

Prolonged custody without commencement of pre-charge evidence warranted bail despite no finding of wilful procedural delay.

Money Laundering

2026 (7) TMI 1948

Review jurisdiction requires cured procedural defects and substantive grounds; reconsideration of the money-laundering proceedings order was refused.

Money Laundering

2026 (7) TMI 1947

Writ jurisdiction remains available despite alternate remedies, but interim protection fails without a prima facie case and balance of convenience.

Money Laundering

2026 (7) TMI 1946

Modification of bail conditions remains available where changed circumstances make a financial restraint unjust and recovery-oriented.

Money Laundering

2026 (7) TMI 1853

Section 45 twin conditions for money-laundering bail remained unsatisfied; fresh regular bail may be sought after charges are framed.

Money Laundering

2026 (7) TMI 1852

Pre-cognizance hearing requirement under criminal procedure invalidates money-laundering complaint cognizance taken without hearing proposed accused.

Money Laundering

2026 (7) TMI 1945

Service-tax characterisation governs venture fund profits, copyright royalty, CENVAT credit, limitation, and penalties under the discussed principles.

Service Tax

2026 (7) TMI 1944

SEZ service exemption survives Form A-2 non-production where authorised operational use is undisputed; delayed-return fees remain statutorily capped.

Service Tax

2026 (7) TMI 1943

Notice pay for employment-contract breach is compensatory, not consideration for a declared service, and remains outside service tax.

Service Tax

2026 (7) TMI 1942

Irrigation works exemption covers canal soil work and culvert construction, invalidating service tax demand and related penalties.

Service Tax

2026 (7) TMI 1941

Service tax scope and exemptions excluded pre-taxable interconnection charges, delayed-payment surcharges, and specified unbilled public telephone services.

Service Tax

2026 (7) TMI 1850

Technical know-how licensing remains outside consulting engineering where no client-specific advisory or customised engineering engagement exists.

Service Tax

2026 (7) TMI 1940

Revenue-neutral job-worker clearances: Supreme Court dismisses petition on facts while leaving interest liability questions of law open.

Central Excise

2026 (7) TMI 1939

Service taxability determinations concern duty rates, placing CESTAT appeals exclusively before the Supreme Court rather than the High Court.

Central Excise

2026 (7) TMI 1938

Notice of hearing is mandatory when no judicial order fixes a new date after the scheduled Bench does not sit.

Central Excise

2026 (7) TMI 1937

Bail in excise evasion allegations requires individual assessment; economic-offence seriousness alone does not justify continued detention.

Central Excise

2026 (7) TMI 1936

Extended limitation, alkaloid classification and related-party valuation fail where disclosure and statutory evidentiary requirements are unmet.

Central Excise

2026 (7) TMI 1935

Extended limitation requires proven suppression or fraud; disclosed suo motu refund credits cannot sustain a time-barred demand.

Central Excise

2026 (7) TMI 1932

Stay of coercive tax recovery continues until the partnership firm's pending statutory appeal is decided.

VAT / Sales Tax

2026 (7) TMI 1931

Tax-evasion penalties require demonstrable intent; fully disclosed goods and bona fide classification disputes cannot sustain check-post penalties.

VAT / Sales Tax

2026 (7) TMI 1843

Input tax credit requires independent statutory eligibility; purchasing DEPB licences does not satisfy conditions for credit.

VAT / Sales Tax

2026 (7) TMI 1842

Food supplement classification prevails where therapeutic character and drug-sale regulatory compliance are not established for concessional treatment.

VAT / Sales Tax

2026 (7) TMI 1841

Statutory tax concessions continue until expressly withdrawn, preserving the concessional rate for audio cassettes classified as electronic goods.

VAT / Sales Tax

2026 (7) TMI 1840

Director liability for company tax dues requires statutory assessment, while the director must prove absence of fault.

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 (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

2026 (7) TMI 1930

Voluntary cheque execution must be proved before presumptions of consideration and liability can apply in a disputed civil claim.

Indian Laws

2026 (7) TMI 1929

Cheque dishonour defences requiring evidence cannot support quashing, and impleading a proprietorship concern does not invalidate the complaint.

Indian Laws

2026 (7) TMI 1928

Cheque dishonour complaints require payee or holder-in-due-course status; a deceased payee's spouse needs lawful entitlement.

Indian Laws

2026 (7) TMI 1778

Statutory composition of MSME Councils determines jurisdiction, making awards by overconstituted Councils void and open to writ challenge.

Indian Laws

2026 (7) TMI 1777

Independent criminal investigation may continue despite suspension of bank fraud classification, absent express restraint or demonstrated abuse of process.

Indian Laws

2026 (7) TMI 1669

Interim protection for unsecured project loans may require borrowers to create the contractually mandated Debt Service Reserve.

Indian Laws


Highlights
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