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Recent Case Laws

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2026 (11) TMI 362

GST prosecution safeguards and criminal allegations: interim FIR protection was not warranted, while objections remained open for subsequent consideration.

GST

2026 (11) TMI 361

Writ jurisdiction may reopen time-barred GST appeals for a merits hearing despite limits on appellate delay condonation.

GST

2026 (11) TMI 360

Omitted tax rules cannot support show cause notices issued afterward without an express saving provision or other legal device.

GST

2026 (11) TMI 359

Effective service of GST notices: Failure to use alternative statutory modes can invalidate proceedings when portal communication denies a hearing

GST

2026 (11) TMI 358

GST registration cancellation challenges cannot bypass statutory appeal deadlines through writ petitions after a taxpayer's own omission

GST

2026 (11) TMI 357

Transitional input tax credit remains admissible despite an incorrect declaration category when eligibility is undisputed and filing is timely.

GST

2026 (11) TMI 350

Stay application and interim recovery protection: pending tax relief request to be decided while coercive recovery remains temporarily barred.

Income Tax

2026 (11) TMI 349

Mining royalty tax recovery: Petitioners can obtain a return of amounts recovered against the quashed demand by applying.

Income Tax

2026 (11) TMI 348

Approved insolvency resolution plans extinguish tax claims outside the plan despite prior permission to continue income-tax assessment proceedings.

Income Tax

2026 (11) TMI 347

Revision of block assessments requires both error and revenue prejudice where seized material and inquiry are in question.

Income Tax

2026 (11) TMI 346

Tax reassessment beyond the ordinary period requires recorded disclosure failure when share application money was examined during scrutiny.

Income Tax

2026 (11) TMI 345

Missing scrutiny notice invalidates reassessment when the taxpayer's return is accepted, despite being described as invalid.

Income Tax

2026 (11) TMI 79

Benami law amendments apply retrospectively to confiscation machinery, while new offences and enhanced punishments apply only prospectively.

Benami Property

2026 (11) TMI 243

Review jurisdiction and delay condonation: whether court-granted liberty permits relief without considering the statutory bar on review.

Benami Property

2026 (11) TMI 242

Benami property attachment for earlier transactions was set aside alongside related Tribunal orders following an accepted prior decision.

Benami Property

2026 (11) TMI 241

Cross-examination in benami proceedings is not automatic when parties have a fair opportunity to rebut relied-upon material.

Benami Property

2026 (10) TMI 2040

Benami property tests: corroborated ownership evidence supports attachment despite later retraction and unverified funding claims.

Benami Property

2026 (10) TMI 2039

Benami transaction proof requires a demonstrated funding nexus and beneficial interest; otherwise provisional attachment cannot be confirmed.

Benami Property

2026 (11) TMI 332

EPCG customs exemption for authorised capital goods survives tariff classification differences where spools meet the policy definition.

Customs

2026 (11) TMI 331

G-card holder penalty liability depends on personal conduct even when the customs broker's licence revocation is set aside.

Customs

2026 (11) TMI 330

Seized gold and reasonable belief: Objective evidence is needed to shift the burden of disproving smuggling to the possessor.

Customs

2026 (11) TMI 329

Provisional release of seized distillate oil: bank guarantee return follows complete end-use certification and submission of a bond.

Customs

2026 (11) TMI 328

Foreign-origin gold and domestic purchase records: undisputed supply evidence shifts the burden to customs and undermines confiscation.

Customs

2026 (11) TMI 327

Import document handling alone does not establish knowledge needed for customs penalties involving misdeclared goods or false documents.

Customs

2026 (11) TMI 73

Dissolved companies cannot maintain declaratory and injunctive suits outside preserved statutory purposes unless their legal status is restored.

Companies Law

2026 (11) TMI 238

Corporate suit authorization and later board resolutions: production does not prejudge ratification, admissibility or the suit's maintainability.

Companies Law

2026 (11) TMI 237

Interim property restraints protect creditors where alleged corporate fraud raises potential personal liability despite no proven receipt of company assets.

Companies Law

2026 (11) TMI 155

Contempt appeals under the Contempt of Courts Act cannot challenge petition dismissal without punishment in company bank-account disputes.

Companies Law

2026 (10) TMI 2033

Public-interest company investigations may proceed despite FIR quashing on settlement where wider allegations remain subject to investigation.

Companies Law

2026 (10) TMI 2032

Finalised valuation challenges remain barred by res judicata when prior objections were conclusively determined and implementation liberty is limited.

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

Suspected cross-segment price manipulation supports interim market restraints and joint and several impounding of gains pending investigation.

SEBI

2026 (11) TMI 324

Creditor intervention cannot bypass the insolvency threshold where settlement leaves independent claims unaffected and available for separate civil proceedings.

IBC

2026 (11) TMI 323

Certified copy requirements for insolvency appeals make filings incompetent when the copy is sought late without valid exemption.

IBC

2026 (11) TMI 322

Recall of final orders cannot replace review or an unexercised appeal without a recognised ground for reopening.

IBC

2026 (11) TMI 321

Document production in insolvency admission proceedings depends on adjudicatory necessity, not an automatic right of the corporate debtor.

IBC

2026 (11) TMI 236

Parent company liability for subsidiary operational debt does not follow automatically from corporate ownership, a unilateral letter or part-payment.

IBC

2026 (11) TMI 235

Ex parte recall delays require credible explanations and reasonable diligence, particularly in time-bound insolvency proceedings.

IBC

2026 (11) TMI 320

Non-resident rights shares depend on compliant existing holdings, with inquiry procedures and penalty proportionality also relevant to foreign-exchange enforcement.

FEMA

2026 (10) TMI 979

Corroborated retracted statements support foreign-exchange liability, while unquantified contraventions require proportionate monetary penalties based on proved circumstances.

FEMA

2026 (10) TMI 2030

Saved FERA penal proceedings remain subject to criminal appellate jurisdiction despite FEMA's separate appellate framework.

FEMA

2026 (10) TMI 1498

Roster allocation for foreign-exchange adjudication writ petitions places them in the revenue-and-tax group, not the residuary group.

FEMA

2026 (10) TMI 1308

Reasoned adjudicatory orders require disclosed evidence and reasons, requiring fresh adjudication where a penalty finding lacks support.

FEMA

2026 (10) TMI 1080

Foreign-exchange contraventions require proven seizure, admissible records, and corroborated voluntary statements before statutory presumptions or burden shifting can operate.

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 (11) TMI 67

Proceeds of crime attachment continues where claimed income and property sale proceeds lack evidence and cash deposits remain unexplained.

Money Laundering

2026 (11) TMI 319

Bank balance attachment as proceeds of crime rested on a recorded statement and an admitted debt to an accused-controlled entity.

Money Laundering

2026 (11) TMI 231

Direct appeals against provisional attachment orders are unavailable where money laundering law confines appellate jurisdiction to specified orders.

Money Laundering

2026 (11) TMI 150

Money-laundering proceedings based solely on a predicate criminal case cannot survive its quashing but may be revived.

Money Laundering

2026 (11) TMI 149

Prior hearing before criminal investigation is not ordinarily required when writ proceedings direct registration and investigation of a cognizable offence.

Money Laundering

2026 (11) TMI 10

Default bail remains unavailable after cognizance is set aside for lack of a hearing if the complaint was timely filed.

Money Laundering

2026 (11) TMI 318

Pre-deposit payment and appeal dismissal: dismissal set aside pending verification, with no final finding on payment.

Service Tax

2026 (11) TMI 317

Reimbursed diesel costs fall outside taxable service value when procured for recipients as their property, separate from service charges.

Service Tax

2026 (11) TMI 316

Engineering service classification follows statutory order when competing descriptions are equally specific, supporting export treatment for overseas recipients.

Service Tax

2026 (11) TMI 315

Extended service tax limitation requires proof of specified circumstances; non-payment or failure to file returns alone is insufficient.

Service Tax

2026 (11) TMI 314

Foreign-bank charges deducted from export proceeds do not trigger reverse charge without proof that exporters received the service.

Service Tax

2026 (11) TMI 313

SEZ service tax refunds cover payments outside the claim quarter, and limitation cannot begin before distributed amounts become claimable.

Service Tax

2026 (11) TMI 304

Duty-free input exemptions depend on export of finished goods, with bond enforcement outside normal limitation and penalties not automatic.

Central Excise

2026 (11) TMI 303

Factory-land lease credit remains available despite accounting under another registration when the lease supports manufacturing activities.

Central Excise

2026 (11) TMI 302

Removal of inputs after CENVAT credit reversal is not trading and does not trigger exempted activity payments

Central Excise

2026 (11) TMI 226

CENVAT credit on imported inputs reduces excise assessable value, supporting refund of excess duty on railway machines.

Central Excise

2026 (11) TMI 140

CENVAT credit for supplies to SEZ developers extends to earlier supplies, with the related demand and penalties removed.

Central Excise

2026 (11) TMI 139

Cenvat credit on processed inputs remains available when suppliers manufacture distinct packaging materials from laminated sheets.

Central Excise

2026 (11) TMI 301

Sales tax surcharge retains its character as a tax on sales despite being calculated on the tax itself

VAT / Sales Tax

2026 (11) TMI 300

Electricity infrastructure charges can attract VAT as consideration for the right to use goods despite retained licensee control.

VAT / Sales Tax

2026 (11) TMI 299

Quasi-judicial immunity does not bar disciplinary scrutiny of alleged misconduct in rectifying orders that reduced confirmed demands.

VAT / Sales Tax

2026 (11) TMI 225

Silver-palladium alloy taxation follows silver bullion classification under the notification, rather than classification with inferior alloys.

VAT / Sales Tax

2026 (11) TMI 224

Revisional jurisdiction expires with statutory limitation and cannot be revived by audit objections or officer changes.

VAT / Sales Tax

2026 (11) TMI 223

VAT input tax credit set-off remains available despite excess transitional credit claims, which must be addressed under GST.

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 955

Independent fiscal offences permit prosecution for delayed returns or knowingly false tax statements without prior assessment or quantified evasion.

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

2026 (11) TMI 56

Anticipatory bail in commercial disputes protects against arrest while limiting tax reporting directions in the absence of compelling circumstances.

Indian Laws

2026 (11) TMI 298

Stamp duty on multi-state loan agreements turns on completed execution, with contractual facility schedules relevant to stated monetary values.

Indian Laws

2026 (11) TMI 222

Cheque dishonour liability requires an enforceable debt when cheques are issued against a subsequently set-aside tax assessment.

Indian Laws

2026 (11) TMI 221

Defence evidence in cheque dishonour proceedings may remain closed when proposed bank testimony cannot assist on material facts.

Indian Laws

2026 (11) TMI 220

Assigned assets and cheques acquired for consideration allow asset reconstruction companies to continue dishonour prosecutions as holders in due course.

Indian Laws

2026 (11) TMI 2

Unlicensed money lending can leave promissory-note loans unenforceable and affect cheque dishonour proceedings, depending on the statutory bar.

Indian Laws


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