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Recent Case Laws

View All
2026 (10) TMI 2017

Condonation of delay in a GST appeal enabled restoration for merits adjudication, subject to payment of costs.

GST

2026 (10) TMI 2016

Independent adjudication of GST liability requires assessment of purchaser evidence and a reasoned order after supplier tax default.

GST

2026 (10) TMI 2015

Regular bail in alleged GST input tax credit fraud may be granted where investigation needs no further custodial recovery.

GST

2026 (10) TMI 2014

Omission of export refund restriction removes Rule 96(10) barriers from pending integrated tax refund claims on exports.

GST

2026 (10) TMI 2013

Show-cause notice limits restrict GST adjudication: demands exceeding the proposed tax, interest, and penalty are jurisdictionally invalid.

GST

2026 (10) TMI 2012

GST Portal Notice Service Requires Alternative Steps When Repeated Uploads Receive No Response, Protecting Meaningful Hearing Rights

GST

2026 (10) TMI 1993

Mandatory reassessment scrutiny notice cannot be replaced by taxpayer participation or information-request letters during proceedings.

Income Tax

2026 (10) TMI 1992

Reassessment Notices Based on Fresh Tangible Material Remain Valid Where No Prior Opinion or Full Disclosure Exists

Income Tax

2026 (10) TMI 1991

Higher depreciation for hired mining transport vehicles applies where dumpers and tippers perform integrated contractual transportation obligations.

Income Tax

2026 (10) TMI 1990

Concealment penalty fails where estimated profit assessment and house-property addition lack proof of inaccurate particulars.

Income Tax

2026 (10) TMI 1989

Foreign tax credit remains available where substantive eligibility is met despite delayed filing of Form No. 67.

Income Tax

2026 (10) TMI 1988

Functional integration of electrical installations supports additional depreciation when assets are indispensable and inseparable from manufacturing plant machinery.

Income Tax

2026 (10) TMI 814

Benami cash transfers through proprietorship accounts may trigger limited attachment despite subsequent banking retransfer to the beneficial owner.

Benami Property

2026 (10) TMI 739

Benami transaction requirements cover legitimate funds when consideration and beneficial ownership conditions are met, leaving no review error.

Benami Property

2026 (10) TMI 655

Retroactive Benami enforcement applies procedural amendments, while evidence of funding and control supports property attachment.

Benami Property

2026 (10) TMI 1792

Unchallenged settlement deeds confer absolute title, enabling valid testamentary disposition and defeating partition claims based on unproven benami allegations.

Benami Property

2026 (10) TMI 1697

Benami cash deposits through another's bank account remain benami despite prompt banking-channel return, while attachment is limited.

Benami Property

2026 (10) TMI 1651

Pleading-stage scrutiny remains confined to plaint averments, leaving will validity and benami character for trial.

Benami Property

2026 (10) TMI 1980

Reasonable belief of smuggling is essential before Customs Act presumptions can support gold confiscation and personal penalties.

Customs

2026 (10) TMI 1979

Passenger baggage jurisdiction bars appellate review of confiscated gold carried on an international traveller's person.

Customs

2026 (10) TMI 1978

Plausible tariff classification protects customs brokers from licensing sanctions absent false declarations, knowledge, or connivance.

Customs

2026 (10) TMI 1977

Customs Recovery Limits: Accurate Declarations Defeat Confiscation, While SEZ Clearance Demands Need Statutory Recovery Machinery.

Customs

2026 (10) TMI 1967

Duplicate SIM card access after investigative clearance can address requests for release of SIM cards seized during investigation.

Customs

2026 (10) TMI 1966

Misdeclared restricted-goods exports justify customs sanctions; confiscated goods may undergo e-auction only with statutory notice safeguards.

Customs

2026 (10) TMI 1878

Wrongful withholding by company director: challenge to notice order fails, leaving criminal proceedings pending intact.

Companies Law

2026 (10) TMI 1577

Liquidation asset-disclosure powers support summons of former directors and require renewed e-bidding after technical failures.

Companies Law

2026 (10) TMI 1499

Civil court jurisdiction survives for challenges to registered sale deeds despite the Companies Act tribunal bar.

Companies Law

2026 (10) TMI 1463

Company Court jurisdiction over liquidation assets permits title determination and expert-assisted sale of paintings within the liquidation estate.

Companies Law

2026 (10) TMI 1393

Prima facie cognizance scrutiny excludes defence evidence and mini-trials when complaints disclose alleged investigation non-cooperation.

Companies Law

2026 (10) TMI 1313

SFIO investigation assignment requires recorded public-interest reasons and relevant material; unreasoned investigations and prosecutions cannot stand.

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

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

SEBI

2026 (10) TMI 1877

Arbitral mandate extension belongs exclusively to the statutorily defined court, not the appointing authority, while waiver validates sole-arbitrator proceedings.

IBC

2026 (10) TMI 1876

Interim moratorium leaves pre-existing confirmed auction sales intact and permits possession delivery under a subsequently issued sale certificate.

IBC

2026 (10) TMI 1875

Fraudulent prospectus compensation claims shift to collective insolvency proceedings when misconduct affects an insolvent company.

IBC

2026 (10) TMI 1874

Liquidation Receivables: unpaid business-purchase consideration may be recovered, while controlling directors cannot use a purchaser-company facade to avoid liability.

IBC

2026 (10) TMI 1873

Fresh expressions of interest may follow failed resolution and settlement proposals where creditor voting thresholds remain unmet.

IBC

2026 (10) TMI 1872

Statutory withdrawal procedure prevents deposit-based suspension or closure of insolvency proceedings through inherent powers outside prescribed channels.

IBC

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 804

Conflict-of-interest qualifying conditions extend uniformly to borrowers, subsidiaries and associates of a credit rating agency's promoter.

FEMA

2026 (10) TMI 477

FERA civil penalties do not require mens rea, while proportionality review permits interference only for shocking excess.

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 (10) TMI 1871

Regular bail follows prolonged pre-trial custody where cognizance is pending and trial delay is likely.

Money Laundering

2026 (10) TMI 1870

PMLA arrest power requires recorded reasons and cannot bypass statutory examination merely to facilitate investigation.

Money Laundering

2026 (10) TMI 1869

Inherent jurisdiction limits preserve trial courts' factual control over disclosure compliance while narrowing routine investigator attendance requirements.

Money Laundering

2026 (10) TMI 1868

Money-laundering liability can extend beyond scheduled-offence accused to auditors linked with handling criminal proceeds and layered funds.

Money Laundering

2026 (10) TMI 1867

Statutory examination before arrest requires completion or fresh material before money-laundering arrest powers are used.

Money Laundering

2026 (10) TMI 1866

Equivalent-value attachment under PMLA reaches pre-offence property when direct crime proceeds are untraceable or dissipated.

Money Laundering

2026 (10) TMI 1976

Export of services treatment applies where foreign principals receive and pay for marketing and order-procurement services from India.

Service Tax

2026 (10) TMI 1975

Statutory appeal limitation bars condonation when a service tax appeal exceeds the maximum prescribed filing period.

Service Tax

2026 (10) TMI 1974

Extended limitation for service-tax short-payment requires proof of intent to evade, rendering the disclosed-return demand time-barred.

Service Tax

2026 (10) TMI 1961

Monetary appeal thresholds bar departmental tax appeals below the limit despite recurring or cascading effects.

Service Tax

2026 (10) TMI 1960

Equipment-hire service tax: taxable machinery rentals attract extended limitation where registration and returns are omitted.

Service Tax

2026 (10) TMI 1959

Clerical omission in final order permits insertion of already-considered material without reopening findings or conducting a substantive review.

Service Tax

2026 (10) TMI 1973

General insurance as an input service remains eligible for CENVAT credit when used in manufacturing despite narrowed definitions.

Central Excise

2026 (10) TMI 1972

Resolution-plan approval extinguishes excluded pre-approval central excise dues, preventing continued recovery proceedings against the corporate debtor.

Central Excise

2026 (10) TMI 1949

CENVAT credit reversal option remains available until a manufacturer actually elects an alternative payment method under the Rules.

Central Excise

2026 (10) TMI 1948

Exemption for manufacturing waste and scrap preserves refund entitlement and defeats extended limitation, interest, and penalty.

Central Excise

2026 (10) TMI 1947

Manufacture requires transformation, so branded packing of bought-out conversion components as vehicle-specific kits creates no excise-duty liability.

Central Excise

2026 (10) TMI 1857

CENVAT credit utilisation during payment default cannot be barred under ultra vires Rule 8(3A), invalidating related duty demands and penalties.

Central Excise

2026 (10) TMI 1946

Composition-scheme cancellation requires evidence that the dealer itself made prohibited inter-State purchases, not unsupported inferences from ledger entries.

VAT / Sales Tax

2026 (10) TMI 1766

Statutory limitation bars reopening deemed VAT assessments; requests for assessment records cannot revive reassessment jurisdiction.

VAT / Sales Tax

2026 (10) TMI 1765

Enhanced Additional Court Fee Applies Prospectively Only When Tax Litigation Commences After the Effective Date

VAT / Sales Tax

2026 (10) TMI 1644

Tax reimbursement arbitration permits contractual allocation while import and inter-State sales remain outside DVAT under an integral contractual nexus.

VAT / Sales Tax

2026 (10) TMI 1643

Retrospective evidentiary standards for input tax credit require a fresh opportunity to prove genuine goods transactions.

VAT / Sales Tax

2026 (10) TMI 1565

Legal-metrology declarations apply to packaged telecom devices supplied for subscriber use, despite retained ownership and prior-adjudication objections.

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 (10) TMI 1855

Earnest-money shortfalls do not invalidate secured-asset auctions where bids fulfil their purpose and cause no prejudice.

Indian Laws

2026 (10) TMI 1854

Cheque dishonour presumptions require a probable defence; unsupported security-cheque and alteration claims cannot displace liability.

Indian Laws

2026 (10) TMI 1764

State legislative competence over betting on skill games sustained challenged online-gambling amendments against arbitrariness and disproportionality challenges.

Indian Laws

2026 (10) TMI 1682

Equitable full and final debt settlement preserves a running concern while disputed NPA classification and assignment issues remain unresolved.

Indian Laws

2026 (10) TMI 1681

Rebuttable cheque presumptions require complainants to prove enforceable debt once a probable defence shifts the evidentiary burden.

Indian Laws

2026 (10) TMI 1642

Witness summons under Order XVI may issue despite delayed listing when necessary evidence addresses the real controversy.

Indian Laws





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