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Recent Case Laws

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2026 (9) TMI 887

Regular bail in alleged GST offences granted on co-accused parity, completed custody period, and trial stage.

GST

2026 (9) TMI 886

Anticipatory bail after charge-sheet may follow when completed investigation eliminates any need for custodial interrogation during trial.

GST

2026 (9) TMI 885

Bail after charge-sheet filing granted where custodial interrogation was unnecessary and no criminal antecedents were stated.

GST

2026 (9) TMI 884

Statutory appellate remedy prevails over writ review where registration cancellation involves unresolved disputed factual questions requiring appellate determination.

GST

2026 (9) TMI 883

Personal hearing requirement in GST liability orders governed the writ petition, which followed an earlier decision on indistinguishable facts.

GST

2026 (9) TMI 882

Inverted duty refunds depend on statutory eligibility and period-wise formula, not manufacturing status or classification overlap.

GST

2026 (9) TMI 881

Built-up area calculation determines housing-project deduction eligibility through treatment of habitable space, common areas, projections and balconies.

Income Tax

2026 (9) TMI 880

Right to a hearing requires reconsideration when an appellate-effect order is issued without the mandated opportunity.

Income Tax

2026 (9) TMI 879

Judicial restraint in mandamus petitions limits writ intervention where alleged tax evasion rests on disputed allegations.

Income Tax

2026 (9) TMI 878

Exempt long-term capital gains raise distinct questions on inclusion in book profits under the minimum alternate tax regime.

Income Tax

2026 (9) TMI 877

Sufficient cause for delayed income-tax appeals requires diligence and credible evidence; unsupported administrative explanations cannot secure condonation.

Income Tax

2026 (9) TMI 876

Additional evidence under Rule 29 requires fresh assessment where tribunal records prima facie establish filing of supporting materials.

Income Tax

2026 (8) TMI 818

Benami property attachment sustained where alleged loan consideration lacked credible proof, traceable lenders, and explained funding sources.

Benami Property

2026 (8) TMI 817

Benami property transactions arise where beneficial ownership funds acquisitions and ostensible owners cannot prove independent means or genuine loans.

Benami Property

2026 (8) TMI 439

Benami ownership requires proof of consideration and beneficial ownership, with cross-examination required for retracted foundational statements.

Benami Property

2026 (8) TMI 438

Provisional attachment requires evidence of alienation risk; prior Income Tax Department custody made attachment unsustainable.

Benami Property

2026 (8) TMI 1545

Benami property exceptions protect a father's purchase in minor children's names from statutory bar and plaint rejection.

Benami Property

2026 (8) TMI 1327

Benami transaction definition requires owner's lack of knowledge; acknowledged share allotment and buy-back consideration defeated the statutory claim.

Benami Property

2026 (9) TMI 835

Customs tariff classification of imported quicklime turns on whether it falls under the lime heading or chemical-products heading.

Customs

2026 (9) TMI 834

Composite port-service classification tests whether warehousing and incidental activities may be separated for taxable-service treatment.

Customs

2026 (9) TMI 833

Refund limitation after provisional assessment begins upon valid communication of the finalisation order, making timely claims maintainable.

Customs

2026 (9) TMI 832

Currency confiscation requires proven nexus to identifiable sales of smuggled goods; unsupported penalties and remand fail.

Customs

2026 (9) TMI 831

CIF transaction value requires objective proof of undisclosed consideration; upstream FOB data cannot justify customs value enhancement.

Customs

2026 (9) TMI 753

Prohibited-goods classification for restricted gold imports triggers confiscation and the applicable Customs Act penalty regime.

Customs

2026 (9) TMI 747

Partnership dissolution requires liquidation or market-value settlement, preserving an outgoing partner's asset share beyond dissolution-date valuation.

Companies Law

2026 (9) TMI 479

Director disqualification cannot deactivate a DIN without Rule 11 compliance and a prior hearing under natural justice.

Companies Law

2026 (9) TMI 423

Company investigation safeguards require recorded statutory satisfaction and prior hearing before external agencies receive tracking-information directions.

Companies Law

2026 (9) TMI 358

Permanent winding-up stays require a bona fide revival plan advancing public interest, commercial morality, creditor settlement and worker protections.

Companies Law

2026 (9) TMI 208

Clear court undertakings support contempt, while asset-dissipation risk can justify security for enforcement of foreign money decrees.

Companies Law

2026 (9) TMI 207

Forensic audit in foreign-award enforcement can trace alleged asset dissipation without deciding ultimate civil, contempt, or restitutionary liability.

Companies Law

2026 (9) TMI 98

Competing open-offer timelines run from the first detailed public statement, preventing revival after the offer process closes.

SEBI

2026 (9) TMI 663

Buyback escrow release does not immunise issuers from independently proven fraud proceedings under market-abuse rules.

SEBI

2026 (9) TMI 662

Disgorgement and co-location access issues remain legally open after settlement-based disposal of securities market appeals.

SEBI

2026 (9) TMI 561

Summons before arrest warrants: transferred complaints require accused already on bail to receive an initial opportunity to appear.

SEBI

2026 (9) TMI 302

Leave against acquittal requires arguable grounds for deeper scrutiny, while certified-copy time is excluded from limitation.

SEBI

2026 (9) TMI 206

Clearing member liability for trading member client defaults requires a statutory duty and authorised monetary remedy.

SEBI

2026 (9) TMI 830

Forensic audit evidence supports fraudulent transaction findings when management cannot rebut reliable records, sustaining creditor-protection contribution liability.

IBC

2026 (9) TMI 829

Prospective liquidation amendments cannot disrupt a going-concern sale process commenced under earlier governing regulations and liquidation order.

IBC

2026 (9) TMI 828

Independent liquidation assessment is required before liquidation; viable settlements may justify restoring CIRP for withdrawal consideration.

IBC

2026 (9) TMI 746

Without-prejudice deposits cannot replace determination of maintainability, financial debt and default in Section 7 insolvency proceedings.

IBC

2026 (9) TMI 745

Resolution applicant death does not justify liquidation; plan viability and pending CIRP withdrawal require consideration first.

IBC

2026 (9) TMI 744

Section 32A immunity protects going-concern liquidation purchasers from pre-sale liabilities, subject to statutory conditions and separate authority approvals.

IBC

2026 (9) TMI 827

Director liability for unrealised export proceeds survives company liquidation when reasonable recovery steps remain unproven.

FEMA

2026 (9) TMI 743

Continuing foreign-asset holdings permit prospective seizure of equivalent domestic assets where statutory suspicion and Indian residence are established.

FEMA

2026 (9) TMI 559

Proportionate penalty under foreign exchange law requires reasoned discretion; an unexplained unchanged quantum was reduced.

FEMA

2026 (8) TMI 801

Equivalent-value property seizure under FEMA may proceed on prima facie evidence of unauthorised overseas fund transfers.

FEMA

2026 (8) TMI 165

Proof of actual software receipt is required for foreign-exchange remittances; authorised company officers remain liable without due diligence.

FEMA

2026 (8) TMI 164

Foreign-exchange compliance breaches in share transfers and escrow security arrangements sustained, while chairman's residential-status charge failed.

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 (9) TMI 826

Supply of relied-upon documents and inspection opportunity satisfied natural justice, leaving provisional attachment confirmation unaffected.

Money Laundering

2026 (9) TMI 742

PMLA Bail Restrictions May Yield to Prolonged Custody and Serious Chronic Medical Conditions in Appropriate Cases

Money Laundering

2026 (9) TMI 741

Prior procedural reversal of freezing does not bar subsequent attachment of alleged crime proceeds pending money-laundering trial.

Money Laundering

2026 (9) TMI 740

Provisional attachment for layered share transactions remains justified where alleged bribe proceeds were projected as legitimate capital gains.

Money Laundering

2026 (9) TMI 558

Prolonged custody can justify bail despite PMLA twin conditions, with safeguards protecting trial and witnesses.

Money Laundering

2026 (9) TMI 557

Proceeds-of-crime nexus fails when the individual's predicate prosecution is wholly quashed for lack of investigative jurisdiction.

Money Laundering

2026 (9) TMI 825

Development rights as immovable property exclude service tax, while related input credit remains recoverable within normal limitation.

Service Tax

2026 (9) TMI 824

CENVAT Credit Reversal under Rule 6 requires common credit, while disclosed reversals do not justify extended limitation.

Service Tax

2026 (9) TMI 823

Builder-buyer residential construction taxability was limited by statutory exclusions, valuation relief, and normal limitation rules.

Service Tax

2026 (9) TMI 822

Staff-quarter construction and extended limitation: welfare housing is non-taxable, while bona fide uncertainty bars stale service-tax demands.

Service Tax

2026 (9) TMI 739

Pre-2011 input-service coverage permits group insurance refunds, while club services require proven business use and period-specific accumulated credit.

Service Tax

2026 (9) TMI 738

Interest on genuine EMI loans remains outside service tax, defeating extended demands and penalties for interpretational disputes.

Service Tax

2026 (9) TMI 821

Extended excise limitation requires deliberate suppression, preventing time-barred demands and consequential penalties where statutory records were available.

Central Excise

2026 (9) TMI 820

Manufacture Requirement for Incidental Waste: Marketability and tariff listing alone cannot create central excise liability for sponge-iron residues.

Central Excise

2026 (9) TMI 819

Place-of-removal test governs post-depot service credit, while depot C&F services qualify as input services.

Central Excise

2026 (9) TMI 737

Clean Environment Cess taxability disputes belong before the Supreme Court, not the High Court, under the excise appellate framework.

Central Excise

2026 (9) TMI 736

Reliable evidence for clandestine clearances was absent, leaving turnover within the small scale industry exemption limit.

Central Excise

2026 (9) TMI 654

Mutatis mutandis customs conditions preserve excise exemption where import procedures cannot govern compliant domestic competitive-bidding supplies.

Central Excise

2026 (9) TMI 818

Substitution of an entry retaining IT Products left the camera tax concession challenge academic and eligibility undecided.

VAT / Sales Tax

2026 (9) TMI 817

Customer-Specific Software Services Remain Outside VAT Where No Marketable Goods or Property Rights Are Transferred

VAT / Sales Tax

2026 (9) TMI 735

Delay condonation requires a satisfactory explanation for prolonged inaction; inadequate medical grounds left the revision time-barred.

VAT / Sales Tax

2026 (9) TMI 734

Tax refund limitation does not bar assessment-stage correction of underclaimed deductions or exemptions, requiring refund of amounts lawfully due.

VAT / Sales Tax

2026 (9) TMI 651

CST, VAT and sales tax disputes invoke special leave petition review of prior tax determinations.

VAT / Sales Tax

2026 (9) TMI 650

Clean-slate resolution plans extinguish unresolved pre-resolution tax claims and require refund of related appellate pre-deposits.

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

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 (11) TMI 2064

Territorial appellate jurisdiction invalidates orders issued by an appellate authority not assigned the assessee's regional charge.

Wealth-tax

2026 (9) TMI 733

SEZ Fiscal Exemption Extends to Pre-Ordinance Lease Deeds Under an Existing State Investment Policy

Indian Laws

2026 (9) TMI 732

GST reimbursement for pre-GST contracts survives tax-inclusive tender clauses where later tax burdens are verified and comparable contractors receive relief.

Indian Laws

2026 (9) TMI 647

Stamp valuation enquiries may not require fraudulent intent, but binding precedent on wilful undervaluation awaits larger-Bench review.

Indian Laws

2026 (9) TMI 646

RBI supersession of multi-State co-operative bank boards may continue beyond elected tenure, subject to statutory aggregate limits.

Indian Laws

2026 (9) TMI 645

Repayment of released appeal deposits remains mandatory upon acquittal despite procedural irregularity in the refund direction.

Indian Laws

2026 (9) TMI 644

Rebuttable cheque-debt presumptions require proof of lending capacity and underlying liability once a probable defence arises.

Indian Laws


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