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Recent Case Laws

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2026 (10) TMI 385

Section 74 limitation follows substantive notices and orders, while factual GST demand disputes belong in statutory appeal.

GST

2026 (10) TMI 384

GST conveyance verification by an authorised officer must be challenged through statutory appeal absent exceptional grounds for writ intervention.

GST

2026 (10) TMI 383

Statutory GST appeals govern fact-intensive demand disputes, limiting writ jurisdiction where an efficacious appellate remedy exists.

GST

2026 (10) TMI 382

GST Assessment Against a Deceased Proprietor Is Invalid Unless Legal Representatives Receive Notice and Hearing

GST

2026 (10) TMI 381

Statutory appellate remedy channels penalty-proceeding challenges on natural justice, delay, officer competence, and penalty provisions before writ intervention.

GST

2026 (10) TMI 380

Personal hearing before adverse GST assessment is mandatory, even without a taxpayer's separate request for hearing.

GST

2026 (10) TMI 386

Cash deposit explanation through documented opening cash balances and prior bank withdrawals defeats unsupported human-probability inferences.

Income Tax

2026 (10) TMI 364

Condonation of delay requires sufficient cause; unexplained inordinate delay barred special leave petitions at the threshold.

Income Tax

2026 (10) TMI 363

Goodwill depreciation after amalgamation remains available, while an unraised statutory restriction cannot be introduced at appellate stage.

Income Tax

2026 (10) TMI 362

Duplicate PAN cancellation timelines remain unprescribed; representation route addresses resulting difficulties in accessing PAN-linked services.

Income Tax

2026 (10) TMI 361

Administrative transfer of income-tax appeals binds the Tribunal; territorial objections cannot defeat a hearing on merits.

Income Tax

2026 (10) TMI 360

Tax liability and wilful default govern prosecution for failure to furnish a return; absent proof, criminal liability fails.

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 321

Project-import eligibility follows contract registration before importation, while post-clearance Bill of Entry revision remains statutorily available.

Customs

2026 (10) TMI 320

Special Additional Duty: extended limitation sustained, but statutory authority was required to impose interest and penalties.

Customs

2026 (10) TMI 258

Private-conveyance re-import exemption protects Indian vehicles from commercial export-clearance demands and permits manual Bill of Entry filing where portals fail.

Customs

2026 (10) TMI 257

Burden of Proof for Notified Gold Shifts to Revenue When Delivery and Procurement Records Establish Licit Source

Customs

2026 (10) TMI 256

Transaction value requires cogent comparability evidence, limiting reassessment while preserving duty and penalties for undeclared imported quantities.

Customs

2026 (10) TMI 255

Tariff classification of DHA algae oil turns on its mixed fatty-acid composition, excluding the claimed customs exemption.

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 662

Disgorgement and co-location access issues remain legally open after settlement-based disposal of securities market appeals.

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 319

Cross-segment derivatives price manipulation triggers interim market-access restraints, asset preservation, and disclosure obligations pending investigation.

SEBI

2026 (10) TMI 318

Resolution-plan finality bars writ challenges where pre-approval State tax claims are extinguished and statutory appellate remedies remain available.

IBC

2026 (10) TMI 317

Natural justice in employee dismissals: terminations without inquiry remained illegal despite insolvency resolution, preserving pre-CIRP compensation claims.

IBC

2026 (10) TMI 316

Resolution-plan clean slate extinguishes pre-CIRP government claims and prevents continued coercive export-obligation restrictions against the corporate debtor.

IBC

2026 (10) TMI 315

Resolution plan feasibility requires complete information, verified creditor claims, and obtained land approvals; commercial wisdom cannot cure material defects.

IBC

2026 (10) TMI 134

Fraudulent insolvency initiation permits recall, but a mature collective CIRP may continue where stakeholder interests and statutory objectives require.

IBC

2026 (10) TMI 133

Approved resolution plans extinguish unprovided rehabilitation claims, while writ review does not reassess fact-based eligibility findings.

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 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 251

Uncrystallised development rights cannot support release or substitution of provisionally attached land without proven title and consideration.

Money Laundering

2026 (10) TMI 250

Provisional attachment requires an original statutory foundation; later FIRs cannot retrospectively validate seizure, retention, or freezing measures.

Money Laundering

2026 (10) TMI 127

Further money-laundering investigation may continue after a complaint and before charge framing without prior Special Court leave.

Money Laundering

2026 (10) TMI 312

Reimbursable Expenses Without Markup Excluded from Taxable Service Consideration Under Reverse Charge When Supported by Contemporaneous Evidence

Service Tax

2026 (10) TMI 311

Service-tax charging provisions and precise service classification govern demand validity, while return mismatches alone do not extend limitation.

Service Tax

2026 (10) TMI 310

Extended limitation requires proven suppression or misstatement; disclosed tax returns prevented its use for the service-tax demand.

Service Tax

2026 (10) TMI 309

Limitation-barred service-tax notices and unsupported return differences cannot sustain tax demand, interest, or penalties in assessment proceedings.

Service Tax

2026 (10) TMI 308

Curable appeal defects and prior audit deposits require merits adjudication when statutory pre-deposit conditions are satisfied.

Service Tax

2026 (10) TMI 307

Free-supplied construction materials are excluded from gross service value unless legislation expressly requires their inclusion.

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 6

Manufacturing-use concession covers precision instruments unless they are plant and machinery, while non-concessional imported goods face higher tax.

VAT / Sales Tax

2026 (10) TMI 5

Input tax credit remains available when genuine purchases and goods movement are proven despite supplier tax default.

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 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

2026 (10) TMI 102

Recall of merits order requires cogent grounds; complainant's absence alone does not justify reopening process quashing.

Indian Laws


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