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Recent Case Laws

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2026 (3) TMI 835

Writ against show cause notice challenging GST registration cancellation is not maintainable; statutory remedies must be used.

GST

2026 (3) TMI 834

Refund of IGST entitlement upheld despite erroneous nil entry in GSTR 1; delay condoned and proviso left open.

GST

2026 (3) TMI 833

Show Cause Notice requirements: electronic authentication and a personal hearing are required; unauthenticated orders are invalid.

GST

2026 (3) TMI 832

Show Cause Notice requirement: a DRC-01 summary cannot substitute and orders without hearing are vitiated.

GST

2026 (3) TMI 831

Show Cause Notice requirement: unauthenticated summaries cannot substitute for a valid SCN, and hearings must be afforded before adverse tax orders.

GST

2026 (3) TMI 830

Opportunity of hearing requires fresh adjudication when post hearing submissions and hearing requests were not considered, resulting in quashing.

GST

2026 (3) TMI 824

Reassessment of dissolved or insolvent company: tax liabilities held waived and extinguished, special leave petition dismissed.

Income Tax

2026 (3) TMI 823

Failure to truly and fully disclose material facts questioned; petition dismissed for inordinate delay in filing the leave petition.

Income Tax

2026 (3) TMI 822

Deduction under Section 43B: SLP dismissed for unexplained 574 day delay, leaving pension fund and derivative tax issues unresolved.

Income Tax

2026 (3) TMI 821

Delay in filing tax returns: insufficient cause for condonation led to dismissal of the petition as time-barred, affecting NCLT plan enforcement.

Income Tax

2026 (3) TMI 820

Writ Jurisdiction: not maintainable where an efficacious statutory appeal exists; no exceptional natural justice breach found.

Income Tax

2026 (3) TMI 819

Stay of demand conditioned on deposit is improper where tribunal and earlier orders negated deduction liability; no deposit required.

Income Tax

2026 (3) TMI 263

Benami transaction: proceeds and post-amendment holdings treated as benami; fiduciary defence denied where personal benefit and control exist.

Benami Property

2026 (3) TMI 219

Limited grounds for review under Prohibition of Benami Act; without mistake or new evidence, voiding of IDS certificates denied.

Benami Property

2026 (2) TMI 1352

Benami Transactions confirmed; provisional attachment upheld while beneficial owner identity is referred for limited reinvestigation.

Benami Property

2026 (2) TMI 1293

Benami transaction: proof of consideration and control by beneficial owner upholds provisional attachment and dismisses appeals.

Benami Property

2026 (2) TMI 1292

Fiduciary exception rejected; provisional attachment under benami law affirmed where transfers were one way unaccounted accommodation entries.

Benami Property

2026 (2) TMI 1225

Benami property jurisdiction: IBC tribunals lack power to challenge Benami Act attachment; such assets fall outside the liquidation estate.

Benami Property

2026 (3) TMI 773

Statutory appellate remedy limits writ relief for confiscation and penalty; petitioners must pursue the statutory appeal absent exceptional circumstances.

Customs

2026 (3) TMI 772

Condonation of Delay affirmed as tribunal's legal and factual conclusions stand, leading to dismissal of the civil appeal.

Customs

2026 (3) TMI 771

Advance licence validity: entitlement to customs notification exemption requires licence valid at warehouse clearance; expiry terminates exemption.

Customs

2026 (3) TMI 770

Low tax effect disposal under CBIC circular; appeals dismissed administratively and relief granted to the assessee.

Customs

2026 (3) TMI 769

Most Akin Test: combined laboratory testing across required parameters supports classification as ADF/HFHSD and upholds seizure.

Customs

2026 (3) TMI 768

Monetary threshold for government litigation: separately filed appeals must be assessed individually, barring aggregation to meet filing limit.

Customs

2026 (3) TMI 665

Transmission of shares to legal heirs may be ordered interim on prima facie entitlement while reserving full title adjudication.

Companies Law

2026 (3) TMI 513

Interim preservation of property: status quo to be maintained and no new third party interests until the Company Petition is decided.

Companies Law

2026 (3) TMI 476

Reduction of Share Capital affirmed; court upheld tribunal findings rejecting procedural bias and perverse valuation.

Companies Law

2026 (3) TMI 475

Undertaking as going concern: isolated asset sale not requiring special resolution; SARFAESI sale upheld and purchaser deemed bona fide.

Companies Law

2026 (3) TMI 443

Look Out Circulars: quashed where necessity and proportionality fail, subject to cooperation and conditional safeguards.

Companies Law

2026 (3) TMI 300

Shifting Registered Office permitted where approved resolution plan stands and no stay exists; conditional approval upheld.

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 (3) TMI 763

Interim moratorium under IBC does not bar MPID attachment proceedings since they are non creditor civil forfeiture protecting depositors.

IBC

2026 (3) TMI 762

Waterfall mechanism: belated, uncrystallised tax claims do not invalidate approved resolution plans and may reduce pro rata shares.

IBC

2026 (3) TMI 761

Resolution Professional Fees: actual expenses and fees remain payable until approval of a withdrawal application; fee fixation lies with the creditors.

IBC

2026 (3) TMI 760

Extinguishment of secured debt: a holding-company resolution plan does not bar insolvency proceedings against an SPV or guarantor.

IBC

2026 (3) TMI 759

Moratorium on assets bars unilateral set offs; refund ordered with interest from filing date until payment.

IBC

2026 (3) TMI 758

Limitation exclusion under pandemic suspension preserves the longer residual period, rendering the guarantor applications timely filed.

IBC

2026 (3) TMI 661

Penalty enhancement under FEMA denied as adjudicatory discretion and recoverability considerations justify no interference with imposed penalty.

FEMA

2026 (3) TMI 204

Round-tripping: Offshore SPVs lacking bona fide activity used to raise funds and reinvest in India are treated as circumvention of FEMA norms.

FEMA

2026 (3) TMI 155

Liability of struck-off companies persists; legal representatives face estate-limited FEMA penalties, with courts able to reduce penalties for proportionality.

FEMA

2026 (2) TMI 1345

Section 6(4) FEMA protects only legitimately substantiated foreign funds; breach of foreign exchange rules found, penalty reduced.

FEMA

2026 (2) TMI 1344

Contravention under FEMA sustained on documentary nexus, penalties reduced and confiscation of un-surrendered foreign currency upheld.

FEMA

2026 (2) TMI 1283

Abetment liability: corroborated retracted statements and statutory presumption can shift burden, leading to conviction and reduced penalty.

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 (3) TMI 660

Proceeds of crime: resale to bona fide purchaser not treated as tainted; mining profits may be attached; provisional attachment upheld.

Money Laundering

2026 (3) TMI 659

Provisional attachment under PMLA: confirmed where recipient fails to discharge reverse burden proving legitimate origin.

Money Laundering

2026 (3) TMI 658

Provisional Attachment under PMLA upheld where fund tracing and layering linked the property to proceeds of crime.

Money Laundering

2026 (3) TMI 597

Mandatory Bail Conditions under PMLA require proof that proceeds are not involved before bail; application denied.

Money Laundering

2026 (3) TMI 596

Provisional attachment confirmed where charge sheet plus corroborative investigative material establish a prima facie link to proceeds of crime.

Money Laundering

2026 (3) TMI 512

Reason to believe standard upheld; arrest and remand under PMLA sustained where tangible investigative material existed.

Money Laundering

2026 (3) TMI 754

Discharge certificate under SVLDRS bars reopening of the same matter; administrative reopening held contrary to scheme finality.

Service Tax

2026 (3) TMI 753

Taxability of earlier residential construction clarified: non taxable; composition benefits and valuation amendments must be applied on remand.

Service Tax

2026 (3) TMI 752

Business Auxiliary Services: commissions from GSAs and separate branches not taxable; related fees and penalties set aside.

Service Tax

2026 (3) TMI 751

Despatch money treated as contractual adjustment, not a port service, so not taxable as service tax.

Service Tax

2026 (3) TMI 750

Presumption of passing on under Section 11B bars direct claimant refunds; recovery of erroneous refunds must follow notice based procedure.

Service Tax

2026 (3) TMI 749

Reimbursable Expenditures excluded from Assessable Value; interest and penalties waived where tax remitted only after receipt amid genuine dispute.

Service Tax

2026 (3) TMI 744

Classification of Ayurvedic Formulations: authorised active ingredients and therapeutic labelling determine medicine status, not cosmetic categorisation.

Central Excise

2026 (3) TMI 743

Cenvat Credit: centralized billing and registration permit distribution of input-service credit across units; disallowance and extended-period demand set aside.

Central Excise

2026 (3) TMI 742

Tariff Classification: Burnt lime with sub 98% CaO is classifiable under Chapter 25, not Chapter 28, nullifying related demands.

Central Excise

2026 (3) TMI 741

Input service definition: Cenvat credit allowed for services used to set up a plant where main clause applies; disallowance removed.

Central Excise

2026 (3) TMI 740

On-site assembly not manufacture: turnkey erection with duty-paid components and prior disclosure negates excise liability.

Central Excise

2026 (3) TMI 739

Product Classification as Ayurvedic medicaments confirmed; loan licence job work relieves principal of pre August excise liability.

Central Excise

2026 (3) TMI 735

Condonation of delay granted; petition dismissed after reliance on an identical prior order and settled settlement computation.

VAT / Sales Tax

2026 (3) TMI 648

Monetary thresholds for tax appeals: a CBIC circular bars continuation of pending appeals where tax in dispute falls below the limit.

VAT / Sales Tax

2026 (3) TMI 647

Interest on tax refunds accrues from refund application date where Rule 42 approval delays payment, producing entitlement.

VAT / Sales Tax

2026 (3) TMI 586

Year-wise settlement scheme prevents cross-year refund adjustments; refund restored and subsequent year settlement must proceed without adjustment.

VAT / Sales Tax

2026 (3) TMI 473

Burden of Proof in Input Tax Credit requiring specified transaction particulars; remand directed to reassess under Supreme Court guidance.

VAT / Sales Tax

2026 (3) TMI 472

Admission of fresh evidence with alleged natural justice breach requires remand to the original authority for fresh evaluation and opportunity.

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 (3) TMI 734

Supervisory jurisdiction: limited remand of valuation to DRT upheld while confirmed auction sale remains intact.

Indian Laws

2026 (3) TMI 733

Supervisory power does not permit cancellation of registered deeds; civil courts must decide validity except where fraud is apparent.

Indian Laws

2026 (3) TMI 585

Presumption of debt did not arise where cheques lacked particulars and relied documents were fabricated, so complaints quashed.

Indian Laws

2026 (3) TMI 584

Inherent jurisdiction cannot quash a cheque-bounce complaint where disputed facts and document authenticity require trial.

Indian Laws

2026 (3) TMI 583

Limitation and contractual preconditions restrict invocation of security cheques; late presentation and defective authorization quashed proceedings.

Indian Laws

2026 (3) TMI 503

Evidence Corroboration: conviction under Prevention of Corruption Act sustained on pre trap procedures and marked note recovery despite absence of certified recordings.

Indian Laws


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