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Recent Case Laws

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2026 (2) TMI 1074

Extension of Time granted conditionally for filing the appeal, subject to the prescribed pre-deposit and merits to be decided by the appellate forum.

GST

2026 (2) TMI 1073

Cancellation of GST registration for non-filing of returns may be revoked if returns and dues are filed within a set timeframe.

GST

2026 (2) TMI 1072

Quasi-judicial independence: cancellation and revocation must be based on independent, speaking reasons and adequate notice.

GST

2026 (2) TMI 1071

Service of Notices via GST portal is inadequate after registration cancellation; effective service and personal hearing must precede adjudication.

GST

2026 (2) TMI 1070

Right to Record Statements: video recording and limited advocate presence permitted during summons recordings, subject to non-interference.

GST

2026 (2) TMI 1069

Input tax credit pass-through: failure to remit quantified ITC benefit requires refund to recipients with interest and statutory penalty.

GST

2026 (2) TMI 1063

Tax Deduction at Source obligation: payer's failure to deduct permits disallowance despite recipients' tax payments.

Income Tax

2026 (2) TMI 1062

Waiver of interest under Section 234B granted where taxpayer relied on unsettled jurisdictional precedent and acted bona fide.

Income Tax

2026 (2) TMI 1061

Opportunity to be heard: ex parte best judgment tax assessment set aside where insolvency stay prevented IRP and management from presenting material.

Income Tax

2026 (2) TMI 1060

Condonation of Delay: revisional power permits excusing technical non compliance so foreign tax credit may be allowed after verification.

Income Tax

2026 (2) TMI 1059

Unexplained income and loan genuineness: bank evidence and presumptive taxation can overturn unexplained deposit additions.

Income Tax

2026 (2) TMI 1058

Diversion of income under Section 13 denies trust exemption while reconciliation of contractual receipts restored for tax purposes.

Income Tax

2026 (2) TMI 795

Benami Transaction Definition expanded to include continued holding post amendment, capturing pre amendment transfers where consideration paid by another.

Benami Property

2026 (2) TMI 750

Benami property: transfers made to evade protective land laws are benami and not saved by mere employer confidence.

Benami Property

2026 (2) TMI 620

Benami Transactions fiduciary exception is fact dependent; summary dismissal improper, appeal allowed and matter remitted

Benami Property

2026 (2) TMI 58

Benami property attachment and beneficial ownership inquiry: investment confiscable, prosecution deferred pending reinvestigation.

Benami Property

2026 (2) TMI 57

Benami property transaction involving disputed land: tribunal confirms money-trail based attachment and dismisses appeal against appellant

Benami Property

2026 (2) TMI 303

Explanation to Order 47 Rule 1 CPC and condonation of delay: review limited where later superiorcourt decisions resolve conflicting benches, appeal allowed

Benami Property

2026 (2) TMI 1036

Entitlement to MEIS benefits despite manual export documentation; claims must be considered on merits and manual submissions allowed.

Customs

2026 (2) TMI 1035

Classification as Medical Instruments upheld for diagnostic thermal printers, nullifying consequent duty, confiscation and penalties.

Customs

2026 (2) TMI 1034

Accountant certification liability: issuing certificates without collusion or knowledge of fraud does not attract penalty under Section 112(a).

Customs

2026 (2) TMI 1033

Limitation reckoning from communication upheld; admitted appeal restored and confiscation, fines and penalties discharged against importer.

Customs

2026 (2) TMI 1032

Mandatory penalty under Section 114A applies where duty is determined due to willful suppression; penalty equals duty plus interest.

Customs

2026 (2) TMI 1031

Technical classification by diaphragm shape upheld, entitling importers to exemption and negating extended limitation and penalties.

Customs

2026 (2) TMI 971

Fraudulent Transfer: pre-petition lease lacking consideration held void ab initio, set aside to realise assets for creditors.

Companies Law

2026 (2) TMI 850

Issue Estoppel bars a subsequent complaint where identical issues were earlier finally decided on merits, resulting in quashing.

Companies Law

2026 (2) TMI 613

Rectification of register of members and restoration of shares upheld where duplicate certificates and deficient transfer procedures proved fraudulent.

Companies Law

2026 (2) TMI 543

Corporate name similarity and trademark-like prominence found decisive; petition allowed and impugned registration refusal set aside.

Companies Law

2026 (2) TMI 542

Tribunal issuing sua sponte judicial direction and access to electronic records found to breach audi alteram partem; order quashed

Companies Law

2026 (2) TMI 479

Companies Act complaint maintainability and director vicarious liability tested; lack of mens rea and non joinder led to quashing of proceedings.

Companies Law

2026 (1) TMI 662

Stock exchange disciplinary action and withheld security: writ maintainable; investigation valid but final board decision set aside as unlawfully constituted

SEBI

2026 (1) TMI 433

AIF trustee debarment for SEBI rule breaches-no investor loss and fund winding-up led to bar treated as expired.

SEBI

2026 (1) TMI 4

Clients authorising third-party F&O trades despite missing pre/post confirmations; broker not liable for losses, award set aside.

SEBI

2026 (1) TMI 1358

Doctrine of merger and trustee-like powers in SEBI-appointed Special Committee; order treated as open-ended, appeals dismissed

SEBI

2026 (1) TMI 1236

Personal liability of directors in regulatory proceedings: attachment challenge refused; pursue statutory appeal under SEBI Act

SEBI

2025 (12) TMI 1674

Market regulator prosecution over access to investigation report and inquiry materials; petition allowed, disclosure ordered with limited redactions

SEBI

2026 (2) TMI 970

Moratorium applicability: defaults before the moratorium or under conditional, unfulfilled restructurings do not bar CIRP initiation.

IBC

2026 (2) TMI 915

Protection of Home Buyers: tribunal may appoint a third party developer and impose safeguards to complete stalled projects.

IBC

2026 (2) TMI 849

Operational debt: auction purchasers not liable for pre-purchase municipal taxes unless claimed in liquidation.

IBC

2026 (2) TMI 848

Existence of debt and default determines insolvency admission; disputes on exact quantum do not defeat admission and limitation may be reset by acknowledgments.

IBC

2026 (2) TMI 790

Public trust in spectrum: licences are conditional use rights not transferable through insolvency without regulatory clearance.

IBC

2026 (2) TMI 789

Acknowledgement of debt restarts limitation and substantial Form I compliance sustains admission of a Section 7 insolvency petition.

IBC

2026 (2) TMI 914

Legality of Seizure and Handover: High Court orders upheld; limits on adjudication beyond the complaint's proposal under FEMA examined.

FEMA

2026 (2) TMI 847

Admissibility of Customs derived Evidence: admissible in FEMA proceedings if transaction linked and corroborated; active participants liable.

FEMA

2026 (2) TMI 534

Liability of struck off company and directors under FEMA; company appeal dismissed, individual penalty reduced and adjusted.

FEMA

2026 (2) TMI 401

Suit for specific performance and damages: HC limited its ruling on the added issue; enforceability and FERA challenges remain open

FEMA

2026 (2) TMI 188

Export of fish from Exclusive Economic Zone: FEMA and Customs obligations apply, Regulation 14C breach found but penalties reduced.

FEMA

2026 (2) TMI 187

Contravention of foreign exchange rules for offshore import payments -- tribunal reduces penalty to proportionate amount after delay and predeposit

FEMA

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 393

Bid rigging in public tender bids-common IPs, call records and shared EMD led to s.3(3) breach upheld.

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 (1) TMI 1164

Use of Crystalline Durability Admixture in heavy infrastructure projects: nationwide market accepted, no dominance or anti-competitive conduct found, appeal dismissed

Law of Competition

2026 (1) TMI 1081

Abuse of dominance investigation notice requirement clarified: no initial notice if no prima facie case; informant need not be heard.

Law of Competition

2025 (12) TMI 1317

WhatsApp user data sharing for advertising and other non-essential purposes-clarification allowed requiring express, revocable opt-in/opt-out consent

Law of Competition

2026 (2) TMI 845

Provisional attachment of proceeds may be ordered against non-accused holders; confirmation follows where material establishes reason to believe.

Money Laundering

2026 (2) TMI 735

Provisional attachment under PMLA requires a traced nexus to the asset; untied pre existing assets set aside, traced corporate shares upheld.

Money Laundering

2026 (2) TMI 607

Provisional attachment under PMLA: writ relief restrained after Adjudicating Authority confirmation; quashing order set aside, appeal allowed

Money Laundering

2026 (2) TMI 1026

Attachment as Equivalent Value permitted where tainted assets cannot be traced, allowing provisional attachment of untainted property.

Money Laundering

2026 (2) TMI 1025

Discharge under Section 227 CrPC: assume prosecution case true; prima facie PMLA allegations can sustain trial, sanction not automatic.

Money Laundering

2026 (2) TMI 1024

Money Laundering treated as independent continuing offence; conviction upheld where proceeds were used and projected as untainted property.

Money Laundering

2026 (2) TMI 1023

Condonation of Delay in tax proceedings upholds jurisdiction for service tax SCNs under a repealed statute, appeal dismissed.

Service Tax

2026 (2) TMI 1022

Input Service Distributor registration curable procedural defect; credit denial reversed where records prove entitlement and no apportionment required.

Service Tax

2026 (2) TMI 1021

Taxability of online advertising confirmed, but extended limitation for recovery requires specific proof of fraud or suppression.

Service Tax

2026 (2) TMI 1020

Limitation for service tax refund under reverse charge is one year from date of payment; procedural shipping bill omissions condonable.

Service Tax

2026 (2) TMI 1019

Extended Limitation Period requires specific averments; absent them, demand for tax, interest and penalties rejected.

Service Tax

2026 (2) TMI 1018

Retrospective exemption for reinsurance under WBCIS and MNAIS nullifies past service tax demands and mandates refunds.

Service Tax

2026 (2) TMI 1008

Interest on Excise Refunds: entitlement affirmed, payable from three months after 26.05.1995 at notified government rates.

Central Excise

2026 (2) TMI 1007

Evidentiary Corroboration required: handwritten bank annotations and third party notes cannot sustain clandestine removal demands without independent documentary links.

Central Excise

2026 (2) TMI 1006

Repacking of excisable goods: no sustained duty demand where goods are re-entered into DSA, properly recorded and cleared on payment.

Central Excise

2026 (2) TMI 1005

Procedural limitation non-retrospectivity: six-month rule does not apply retroactively and one-year extension validates prior Cenvat credits.

Central Excise

2026 (2) TMI 1004

Input Service Nexus: remand for documentary verification of commissioning, travel and proportionate reversal under Rule Six.

Central Excise

2026 (2) TMI 1003

Manufacture by substantial transformation: profiling of coils attracts excise liability and transaction-value valuation under Rule 10A.

Central Excise

2026 (2) TMI 894

Condonation of delay upheld where possession was substantive and mode of acquisition treated as directory, leading to dismissal of the petition.

VAT / Sales Tax

2026 (2) TMI 830

Remand allows the original authority to re-adjudicate remitted issues and consider subsequent materials submitted by a party.

VAT / Sales Tax

2026 (2) TMI 775

Intention to evade tax requires more than documentary mismatches; absence of intent defeats penalty and sustains the appeal.

VAT / Sales Tax

2026 (2) TMI 729

Condonation of delay allowed, costs waived and the special leave petition dismissed as modified.

VAT / Sales Tax

2026 (2) TMI 728

Statutory Limitation Period: assessment outside the proviso-driven limitation was time-barred and revision dismissed.

VAT / Sales Tax

2026 (2) TMI 1000

Dominant Character Test finds SIM issuance and activation charges constitute service consideration and are not VAT-liable.

VAT / Sales 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

2024 (1) TMI 439

Section 16(1) intimations under Wealth Tax Act constitute orders subject to revision under Section 25

Wealth-tax

2026 (2) TMI 999

Liability for commercial defaults requires dishonest intention; cheating and breach of trust proceedings quashed where only civil dispute exists.

Indian Laws

2026 (2) TMI 829

Cheque liability discharge: RTGS payment prior to trial extinguishes negotiable instrument offence where payment discharged underlying liability.

Indian Laws

2026 (2) TMI 828

Power of Attorney cannot authorise criminal quashment; directors cannot independently seek quashment of corporate offence proceedings absent the company.

Indian Laws

2026 (2) TMI 774

Curable defect in company authorization: subsequent ratification validates prosecution and contested authorization issues go to trial.

Indian Laws

2026 (2) TMI 727

Substitute Arbitrator preserves prior hearings and rulings, restoring validity of earlier arbitral proceedings despite an intervening moratorium.

Indian Laws

2026 (2) TMI 662

Period of validity for cheques governs presentation; alleged invalidity from bank merger is a disputed fact for trial, not pre trial quash.

Indian Laws


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