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Recent Case Laws

View All
2026 (5) TMI 127

Input tax credit under GST upheld as a statutory concession; reading down rejected for supplier tax default cases.

GST

2026 (5) TMI 126

Arbitral award satisfaction and incidental waiver of enforcement do not amount to taxable supply absent an independent agreement for consideration.

GST

2026 (5) TMI 125

Consolidated GST show cause notices may cover multiple tax periods where the statute authorises notice for any period.

GST

2026 (5) TMI 124

Opportunity to reply is essential before ex parte tax adjudication; disputed factual issues justified remand for fresh consideration.

GST

2026 (5) TMI 123

Document Identification Number defects can invalidate assessment orders, with remand allowed subject to partial tax deposit.

GST

2026 (5) TMI 122

Enabling statutory language in waiver schemes may prevent rejection of delayed applications solely on limitation grounds.

GST

2026 (5) TMI 116

Search statements, deemed dividend, and penny-stock gains: the tax commentary stresses corroboration, strict construction, and evidence-based disallowance.

Income Tax

2026 (5) TMI 115

Jurisdiction and completed assessment are essential before prosecuting alleged non-filing of an income-tax return.

Income Tax

2026 (5) TMI 114

Reassessment under Section 148 survives outside the post-2021 search scheme, while inadequate hearing can still vitiate assessment.

Income Tax

2026 (5) TMI 113

Reassessment under amended tax law: limitation and prior approval tested under the substituted regime, with writ challenge failing.

Income Tax

2026 (5) TMI 112

Third-party seized material needs corroboration before it can support unexplained income or estimated profit additions.

Income Tax

2026 (5) TMI 111

Reassessment limitation under section 148 depends on actual escaped income; a time-barred notice cannot sustain reassessment.

Income Tax

2026 (4) TMI 807

Benami attachment and traced proceeds: wrong property description was curable, while bogus share premium remained attachable as property.

Benami Property

2026 (4) TMI 806

Benami proceedings survive criminal acquittal where fund flow and layering evidence support reasons to believe and provisional attachment.

Benami Property

2026 (4) TMI 805

Benami evidence can rely on income-tax search material when corroborated by documents, electronics, and supporting statements.

Benami Property

2026 (4) TMI 765

Benami attachment upheld on cumulative evidence, corroborated tax-search statements and no automatic right to cross-examination.

Benami Property

2026 (4) TMI 715

Sufficient cause for recall of ex parte orders rejected where repeated non-appearance was unexplained and additional documents could not be admitted.

Benami Property

2026 (4) TMI 1760

Benami law and retrospective penal provisions: SC declined review over attachment, confiscation, and Article 20(1) concerns.

Benami Property

2026 (5) TMI 77

Writ interference at show cause notice stage is ordinarily unavailable; objections must be raised before the competent authority.

Customs

2026 (5) TMI 76

Knowing facilitation of diversion of duty-free imports attracts customs penalty when authorisation conditions are breached.

Customs

2026 (5) TMI 75

Composite analytical equipment classification turns on system function, while extended limitation needs suppression or wilful misstatement.

Customs

2026 (5) TMI 74

Court-directed deposits follow the terms of the order, and statutory refund rules cannot defeat interest payable on refund.

Customs

2026 (5) TMI 31

Writ challenge to customs notices is premature; AIFTA verification does not bar statutory scrutiny of preferential duty claims.

Customs

2026 (5) TMI 30

Drawback recovery under repealed rules and penalties failed where the later saving clause was limited and confiscation lacked basis.

Customs

2026 (5) TMI 73

Statutory appellate remedy and Section 14 limitation exclusion fail where writ proceedings were pursued without bona fide diligence.

Companies Law

2026 (5) TMI 72

Res judicata barred a fresh company petition where identical reliefs had already been finally decided and could not be reopened.

Companies Law

2026 (4) TMI 1841

Former director prosecution needs specific allegations; vague complaints and a derivative look out circular cannot stand after quashing.

Companies Law

2026 (4) TMI 1753

Auditor's advisory remark and mechanical cognizance cannot sustain prosecution under the Companies Act

Companies Law

2026 (4) TMI 1679

SFIO investigation requires a lawful inspection report; persistent repayment default alone does not establish fraud or justify summons.

Companies Law

2026 (4) TMI 1678

Condonation of short delay in company petitions may rest on uncontroverted medical cause and preserved limitation principles.

Companies Law

2026 (4) TMI 878

Procedural objection raised too late, with no shown prejudice, led the Supreme Court to decline interference under Article 136.

SEBI

2026 (4) TMI 1752

Conditional directions for SEBI-linked funding: Supreme Court dismissed the petitions on request and granted liberty to proceed in law.

SEBI

2026 (3) TMI 1648

Fraudulent trading and minimum public shareholding breaches upheld; debarment reduced on proportionality, and appeals dismissed.

SEBI

2026 (3) TMI 1596

No ground to interfere with the tribunal order; the civil appeals were dismissed after delay was condoned.

SEBI

2026 (3) TMI 1380

Show-cause notice response time granted as Supreme Court dismisses appeal and leaves remaining merits open.

SEBI

2026 (3) TMI 1255

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

SEBI

2026 (5) TMI 71

Clean slate principle under insolvency law bars enforcement of pre-CIRP claims outside an approved resolution plan.

IBC

2026 (5) TMI 70

Inherent recall powers cannot reopen a merits-based insolvency order using later-discovered documents after appellate affirmation.

IBC

2026 (5) TMI 69

Limitation and financial debt under insolvency law: acknowledgment extended time, and prima facie default supported Section 7 admission.

IBC

2026 (5) TMI 68

Claim verification must remain independent: extraneous related-party and avoidance observations were removed as beyond the appeal's scope.

IBC

2026 (5) TMI 21

Interim moratorium and guarantor liability under insolvency law: later Section 95 filing upheld, discharge plea rejected.

IBC

2026 (5) TMI 20

CIRP timelines and eligibility rules bar a delayed resolution plan from a non-listed prospective resolution applicant.

IBC

2026 (5) TMI 67

FEMA export repatriation liability sustained where active participation in firm affairs and default were shown

FEMA

2026 (5) TMI 16

Non-realisation of export proceeds: partial recovery efforts were insufficient, and penalty applied only where responsibility was proved.

FEMA

2026 (4) TMI 871

FEMA liability and discretionary penalty reduction: managing director remained liable, sleeping directors were exonerated, and penalty was scaled back.

FEMA

2026 (4) TMI 1802

Foreign exchange contravention upheld as unauthorised dealing was proved, but the penalty was reduced in partial relief.

FEMA

2026 (4) TMI 1668

False ODI declarations and lack of bona fide business use can justify FEMA seizure under Section 37A.

FEMA

2026 (4) TMI 1362

Foreign summary judgment and enforcement limits under Indian law when real adjudication and regulatory permission are absent

FEMA

2026 (4) TMI 801

Cartel evidence through emails upheld, with partner liability and penalty principles sustained under competition law.

Law of Competition

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

2026 (5) TMI 66

Section 32A protection under insolvency law bars PMLA attachment against corporate debtor assets after genuine resolution and change in control.

Money Laundering

2026 (5) TMI 15

Proceeds of crime analysis upheld for school building financed through tainted trust donations and linked unlawful activity.

Money Laundering

2026 (4) TMI 1667

Inherent criminal jurisdiction cannot replace revision, especially for belated omnibus challenges to distinct procedural orders.

Money Laundering

2026 (4) TMI 1595

Restitution from attached assets: court orders audit-cost allocation, website data transfer, and further asset seizure steps.

Money Laundering

2026 (4) TMI 1594

CBI report to be kept on record and circulated as Calcutta HC lists the matter for the next date

Money Laundering

2026 (4) TMI 1516

Provisional attachment under PMLA upheld as equivalent-value assets and prima facie laundering nexus were established.

Money Laundering

2026 (5) TMI 65

Reverse charge on transportation services requires a reasoned finding; incomplete adjudication was set aside and remanded.

Service Tax

2026 (5) TMI 64

Ex parte service-tax adjudication set aside and remanded for fresh reply, exemption scrutiny, and reconsideration of liability.

Service Tax

2026 (5) TMI 63

Service tax adjudication remitted for fresh reply stage, with statutory issues and limitation to be reconsidered.

Service Tax

2026 (5) TMI 62

Ex parte tax adjudication set aside for want of reply opportunity, with matter remitted for fresh consideration.

Service Tax

2026 (5) TMI 61

Service tax appeal dismissed as time-barred leaves original adjudication open to challenge and remand for fresh consideration.

Service Tax

2026 (5) TMI 60

Contract for service, not manpower supply, can qualify for agricultural service tax exemption and refund where statutory conditions are met.

Service Tax

2026 (5) TMI 59

CENVAT credit can be used to pay service tax on imported services where liability is cast on the recipient.

Central Excise

2026 (5) TMI 2

Trade discount excluded from assessable value absent proof of buyer-provided benefit or consideration flow

Central Excise

2026 (5) TMI 1

Extended limitation, area-based exemption and section 9D compliance govern central excise demand, evidence and penalty sustainability.

Central Excise

2026 (4) TMI 1825

Cross-examination and Section 9D compliance are mandatory before relying on investigation statements in excise adjudication.

Central Excise

2026 (4) TMI 1824

Cross-examination of material witnesses is essential when their statements support the demand; denial led to remand.

Central Excise

2026 (4) TMI 1823

Involuntary manufacturing waste is not excisable merely because it is marketable or sold for consideration.

Central Excise

2026 (4) TMI 1654

Deemed rectification and delayed refund interest cannot be defeated by later void proceedings under sales tax law.

VAT / Sales Tax

2026 (4) TMI 1653

Works contract tax in joint development applies only to goods element for flat purchasers, not to land transfer value.

VAT / Sales Tax

2026 (4) TMI 1507

Tax recovery cannot proceed before service of demand orders; appeal time starts only after valid service.

VAT / Sales Tax

2026 (4) TMI 1502

Delayed VAT refund must carry statutory interest where excess tax is due and administrative excuses do not justify non-payment.

VAT / Sales Tax

2026 (4) TMI 1353

Entry tax on H.R. sheets and penalty issues remained undisturbed as delay was condoned and special leave dismissed.

VAT / Sales Tax

2026 (4) TMI 1352

Defective show cause notice defeats input tax credit reversal and penalty where the core factual basis was never addressed.

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 (4) TMI 1818

Reasonable time in tax assessments: prolonged unexplained delay after notice can invalidate assessments for unfair and arbitrary adjudication.

Indian Laws

2026 (4) TMI 1817

Recusal and apparent bias: connected rulings, interim observations, and remote allegations were held insufficient to show reasonable apprehension.

Indian Laws

2026 (4) TMI 1801

SARFAESI procedural non-compliance led to setting aside possession action, while contempt was closed for lack of tribunal jurisdiction.

Indian Laws

2026 (4) TMI 1652

Unilateral arbitrator appointment and estoppel in public tender contracts raised, with the Special Leave Petition dismissed.

Indian Laws

2026 (4) TMI 1651

No valid arbitration agreement means no jurisdiction; participation in proceedings does not cure the foundational defect.

Indian Laws

2026 (4) TMI 1580

Confirmed trades and agency liability: client and broker remained liable despite lack of prior written authorisation.

Indian Laws





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