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Recent Case Laws

View All
2026 (3) TMI 1308

GST registration cancellation can be reversed after filing pending returns and paying dues under the CGST Rules.

GST

2026 (3) TMI 1307

Refund appeal must be reheard on merits after allowing legible supporting documents to cure evidentiary defects.

GST

2026 (3) TMI 1306

Natural justice requires a meaningful hearing before adverse tax assessment; premature personal hearing made the order unsustainable.

GST

2026 (3) TMI 1305

Personal hearing in GST adjudication is mandatory where sought; denial vitiates the demand order and requires fresh decision.

GST

2026 (3) TMI 1304

Natural justice violated when a reply to show cause notice was ignored, leading to fresh consideration.

GST

2026 (3) TMI 1303

Retrospective input tax credit extension under GST barred reversal for credits within the extended filing period.

GST

2026 (3) TMI 1291

Resolution plan approval can extinguish tax liabilities and bar revisionary assessment powers after insolvency resolution.

Income Tax

2026 (3) TMI 1290

Section 142A in reassessment and low tax effect led to dismissal, with the question of law left open.

Income Tax

2026 (3) TMI 1289

Colourable lease transactions and incomplete transfer of ownership can justify disallowance of lease rentals.

Income Tax

2026 (3) TMI 1288

Search material, unexplained jewellery and failed telescoping: seized documents and unproved sources sustained additions in income-tax assessment.

Income Tax

2026 (3) TMI 1287

Binding judicial directions control tax withholding relief; a tax authority cannot disregard them absent any stay.

Income Tax

2026 (3) TMI 1286

Territorial jurisdiction in writ petitions turns on the real cause of action, not merely the authority's location or order place.

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 1257

Deemed export treatment for DTA supplies to SEZ units may be supported by invoices and bank realisation certificates.

Customs

2026 (3) TMI 1256

NDPS bail and procedural safeguards: incomplete AI-translated notices and delayed magistrate production supported release.

Customs

2026 (3) TMI 1212

FSSAI certification controls import clearance of food consignments unless Customs produces clear material rebutting the test reports.

Customs

2026 (3) TMI 1211

Courier operator penalty under Customs law set aside where knowledge of importer's mis-declaration was not established.

Customs

2026 (3) TMI 1166

Limitation under the Customs Act: court refused writ to quash a Show Cause Notice and directed authority to reassess the time bar defence.

Customs

2026 (3) TMI 1165

Retrospective application of substituted condition cures drafting omission, allowing exemption where installation occurred on importer premises.

Customs

2026 (3) TMI 992

Rights Issue compliance affirmed; allotments and capital increase not oppression and interim restraint refused as premature.

Companies Law

2026 (3) TMI 857

Appealability of Contempt Notices: initiation by notice is not appealable, while disclosure directions for forensic audit need no appellate interference.

Companies Law

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 1157

Leave to institute proceedings for specific performance permitted without conferring title; sale process to proceed after fresh valuation.

Companies Law

2026 (3) TMI 1156

Appointment of Administrator upheld, with conditional leave for forensic examination of disputed receipts during administration or buyout.

Companies Law

2026 (3) TMI 1087

Statutory Threshold for Investigation: administrative order quashed for failing to disclose material basis for exercise of investigatory power.

Companies Law

2026 (3) TMI 856

Evidentiary Power: regulator and appellate forum may take and conduct evidence, but external enquiry reports not on record are inadmissible.

SEBI

2026 (3) TMI 855

Disclosure obligations in IPO prospectuses: non-interference affirmed, regulatory disclosure order and lower ruling left intact.

SEBI

2026 (3) TMI 1255

Promoter-group status and connected trading can support minimum public shareholding breach and fraudulent market conduct findings.

SEBI

2026 (3) TMI 1086

Fraud and disclosure: post facto shareholder ratification cannot validate diversion of issue proceeds; regulatory penalties restored.

SEBI

2026 (3) TMI 1085

Appellate deference preserved; limited interim withdrawal allowed for urgent expenditure as exception while preserving tribunal enforceability.

SEBI

2026 (1) TMI 1580

Prima facie regulatory breach upheld; interim security reduced and asset restraint with disclosure ordered pending final adjudication.

SEBI

2026 (3) TMI 1254

Set-off in arbitration survives resolution plan extinction only as a defence, not as a basis for affirmative recovery.

IBC

2026 (3) TMI 1253

Locus standi and Section 29A disqualification under IBC must be strictly established; remote grievance and mere association were insufficient.

IBC

2026 (3) TMI 1252

Mandatory bid compliance and value maximisation govern resolution plans; belated deposit and flawed scoring justified setting aside approval.

IBC

2026 (3) TMI 1251

Settlement in insolvency proceedings rendered the admission challenge infructuous; third-party impleadment was refused under dominus litis.

IBC

2026 (3) TMI 1250

Self-contained limitation under the Insolvency Code bars late appeal against a liquidator's decision; delay could not be condoned.

IBC

2026 (3) TMI 1249

Procedural fairness in company appeals allowed a final chance to file counter affidavits despite earlier missed opportunities.

IBC

2026 (3) TMI 988

Delay in issuance of show cause notices invalidates proceedings where preservation expired and no extension was directed.

FEMA

2026 (3) TMI 987

Preponderance of probabilities: contemporaneous records and admissions suffice to establish foreign-directed payments; penalties must be proportionate.

FEMA

2026 (3) TMI 923

Prolonged Delay in Adjudication reduces penalty despite corroborative evidence, resulting in partial allowance and mitigation of sanction.

FEMA

2026 (3) TMI 922

Civil penalty liability without mens rea affirmed, with proportionality reduction and pre-deposit adjustment in sanction.

FEMA

2026 (3) TMI 921

Unauthorized online forex derivatives trading triggers liability under FEMA, but mitigating factors can reduce the civil penalty imposed.

FEMA

2026 (3) TMI 851

Reasoned finding requirement for penalties in foreign exchange enforcement: absence of evidence-linked findings overturns 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 1207

Prima facie evidence and witness intimidation risk justified refusal of bail in a violent mob attack investigation.

Money Laundering

2026 (3) TMI 1206

Equivalent-value attachment under PMLA sustained where tainted assets were not traceable and transaction records showed fund deployment.

Money Laundering

2026 (3) TMI 1078

Provisional attachment: continued possession or use of pre Act proceeds permits PMLA attachment when activity continues after commencement.

Money Laundering

2026 (3) TMI 1077

Flow of tainted funds must be shown to attach property; common directorship alone cannot support provisional attachment.

Money Laundering

2026 (3) TMI 1076

Provisional Attachment upheld where unregistered transfers, large refunds and undisclosed fund sources suggested layering of proceeds of crime.

Money Laundering

2026 (3) TMI 1075

Proceeds of Crime treatment upheld: provisional attachment sustained under PMLA where transactions and documentation failed to rebut criminal linkage.

Money Laundering

2026 (3) TMI 1248

Service tax demand cannot rest on Form 26AS alone; lack of independent verification defeats extended limitation.

Service Tax

2026 (3) TMI 1247

Clinical trial support service, not intermediary or taxable trial service, where the respondent only arranged and monitored studies.

Service Tax

2026 (3) TMI 1246

Works contract classification prevails where composite construction activity involves materials and execution, defeating a commercial construction demand.

Service Tax

2026 (3) TMI 1205

Port service tax needs statutory authorization pre-2010, and divergent views barred extended limitation for the demand.

Service Tax

2026 (3) TMI 1204

Cost-sharing for joint promotion is not sponsorship service when payments cover shared advertising expenses rather than service consideration.

Service Tax

2026 (3) TMI 1203

Extended limitation and service tax demand based on income-tax data failed for lack of suppression and independent verification.

Service Tax

2026 (3) TMI 1245

Common credit reversal under Rule 6(3A) cannot override disclosed records, and extended limitation fails without suppression.

Central Excise

2026 (3) TMI 1244

Procedural delay in filing exemption statement does not defeat area-based excise refund where substantive conditions are met.

Central Excise

2026 (3) TMI 1243

Job-work valuation excludes duty-paid scrap and delivery charges beyond the assessable stage.

Central Excise

2026 (3) TMI 1242

Extended limitation and transaction value deductions failed where invoice-based clearances and documented discounts supported the assessee.

Central Excise

2026 (3) TMI 1148

Motor spirit classification requires engine suitability; failure on suitability led to denial of classification for the products.

Central Excise

2026 (3) TMI 1147

Clubbing of units requires proof of common funding or financial flowback; mere family links or shared resources not enough, so SSI exemption and CENVAT demands negated.

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 1145

Condonation of Delay affirmed; special leave petition dismissed and no appellate constitutional interference granted under extraordinary jurisdiction principle.

VAT / Sales Tax

2026 (3) TMI 1144

Condonation of delay requires cogent, corroborated reasons; unexplained prolonged delay defeats application and renders petition time-barred.

VAT / Sales Tax

2026 (3) TMI 1060

Delay in Review Petitions: long unexplained delay and no error apparent on record, petitions dismissed on delay and merits.

VAT / Sales Tax

2026 (3) TMI 1059

Subcontractor turnover: Revisional interference set aside where subcontractors included turnover and discharged tax, refund and penalties quashed.

VAT / Sales 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

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

2026 (3) TMI 1240

Security cheques can trigger Section 138 liability when debt exists on presentation; director liability depends on proper averments.

Indian Laws

2026 (3) TMI 1239

Telephone tapping and privacy rights: interception without statutory preconditions or mandatory safeguards was held illegal and unusable.

Indian Laws

2026 (3) TMI 1143

Successor Management Immunity: New management not liable for pre-takeover cheque dishonour; remedy lies against former directors.

Indian Laws

2026 (3) TMI 1142

Prima facie arbitration agreement found; arbitrator appointed and joinder of a non signatory left to the arbitral tribunal.

Indian Laws

2026 (3) TMI 1058

Cheque Dishonour Liability: where debt arose from a partnership, prosecution of an individual partner fails without firm impleadment or proof of personal debt.

Indian Laws

2026 (3) TMI 1057

Liability for dishonoured cheques remains personal despite firm non impleadment; territorial defects are curable and proceedings stand.

Indian Laws





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