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Recent Case Laws

View All
2026 (9) TMI 640

Portal-only notice uploads without separate intimation breach natural justice, requiring time-barred statutory appeals to be heard on merits.

GST

2026 (9) TMI 639

Winding-up proceedings require liquidator participation before pending appeals can be decided; ex parte appellate orders require fresh adjudication.

GST

2026 (9) TMI 638

Consideration of ownership documents is mandatory before imposing detention penalties on goods under GST transport proceedings.

GST

2026 (9) TMI 637

Rescheduled hearing notice is essential before an ex parte assessment; non-communication requires fresh hearing and reasoned determination.

GST

2026 (9) TMI 636

Omission of Rule 96(10) without saving clause invalidates proceedings and demands founded solely on the discontinued rule.

GST

2026 (9) TMI 635

Meaningful evaluation of turnover-mismatch evidence is mandatory before GST adjudication can reject a taxpayer's explanation.

GST

2026 (9) TMI 641

Depreciation on company-paid vehicle registered to director was not entertained where depreciation had previously been accepted.

Income Tax

2026 (9) TMI 618

Enhanced compounding charges run from service of the prosecution complaint, preserving fair access to normal-rate compounding.

Income Tax

2026 (9) TMI 617

Competent authority sanction for reassessment notices within four years was mandatory; approval by another designated authority invalidated proceedings.

Income Tax

2026 (9) TMI 616

Surrender of contractual pre-emptive share rights produces a capital receipt, not taxable business income or income from other sources.

Income Tax

2026 (9) TMI 615

Unexplained expenditure requires an unproven source; documented purchases with accepted books cannot trigger consequential special-rate taxation.

Income Tax

2026 (9) TMI 614

Misreporting penalty requires proof of a knowingly false deduction claim; withdrawal during reassessment alone cannot sustain it.

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 576

Independent Merits Review Requires Appellate Authority to Disregard Prior Judicial Observations in Customs Proceedings Entirely

Customs

2026 (9) TMI 575

Customs adjudication limitation runs from cessation of a statutory impediment, leaving merits for the prescribed appellate process.

Customs

2026 (9) TMI 574

Statutory appellate remedy limits writ review of provisional release orders while requiring disclosure of relied-upon customs reports.

Customs

2026 (9) TMI 573

Customs duty exemption disputes tied to assessment fall exclusively within Supreme Court appellate jurisdiction, excluding High Court appeals.

Customs

2026 (9) TMI 572

Statutory limit on customs account freezing requires defreezing despite a pending show-cause notice once the maximum period expires.

Customs

2026 (9) TMI 571

Statutory appellate remedy remains effective despite pre-deposit requirements, limiting writ intervention in customs confiscation and penalty disputes.

Customs

2026 (9) TMI 99

Limitation for Official Liquidator claims extends through Article 137 and statutory exclusion, preserving claims filed within the available period.

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 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 14

Disclosure in public interest litigation is mandatory; suppression of overlapping proceedings defeats equitable writ relief and warrants costs.

SEBI

2026 (8) TMI 1452

Pre-litigation mediation exemption applies where commercial suits genuinely require urgent disclosure and asset-protection interim relief for affected investors.

SEBI

2026 (9) TMI 560

Continuing default and liability acknowledgment preserve Section 7 insolvency claims despite failed revival schemes and pending winding-up proceedings.

IBC

2026 (9) TMI 478

Section 12A withdrawal formalities may be impracticable where settled creditor claims and unresolved CIRP costs create procedural stalemate.

IBC

2026 (9) TMI 477

Personal insolvency applications abusing interim moratorium to obstruct security enforcement rather than genuine repayment resolution warrant rejection.

IBC

2026 (9) TMI 422

Going-concern sale implementation permits consequential reliefs, but preserves agreed acquisition costs and independent statutory compliance.

IBC

2026 (9) TMI 357

Time-extension penalties cannot be shifted to resolution applicants and homebuyers as insolvency resolution costs for a developer's default.

IBC

2026 (9) TMI 356

CIRP termination granting sought relief cannot itself support a challenge to the termination order.

IBC

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 (8) TMI 106

Company officer liability for neglected export-proceeds compliance retained, while monetary penalty was reduced to the pre-deposit.

FEMA

2026 (7) TMI 1950

Current account treatment for definite tournament services removes most foreign-exchange contraventions, but excess remittance and delayed repatriation remain liable.

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 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 556

Equivalent-value attachment permits property acquired before criminal activity to secure untraceable or overseas proceeds of crime.

Money Laundering

2026 (9) TMI 476

Women's exemption from PMLA bail twin conditions remains discretionary and subject to ordinary bail safeguards.

Money Laundering

2026 (9) TMI 475

Risk of frustrating confiscation was unproven, making confirmation of provisional attachment unsustainable despite pending insolvency proceedings.

Money Laundering

2026 (9) TMI 474

Provisional attachment requires a real risk of alienation and fails where judicial restraints and insolvency proceedings prevent transfer.

Money Laundering

2026 (9) TMI 555

Clean-hands requirement bars discretionary writ relief where altered medical evidence is used to justify delayed statutory appeals.

Service Tax

2026 (9) TMI 554

Extended limitation requires proven intent to evade; bona fide misunderstanding shields governmental lessors from time-barred service-tax demands and penalties.

Service Tax

2026 (9) TMI 553

Cum-tax treatment requires tax recomputation where service tax was not separately recovered, while contractual values support best-judgment assessment.

Service Tax

2026 (9) TMI 552

NSDC training-partner exemption denied without direct approval, while recognised distance-learning degree education remains exempt and extended limitation fails.

Service Tax

2026 (9) TMI 551

Taxability of food delivery includes service elements, but extended limitation and penalties require proven intentional suppression.

Service Tax

2026 (9) TMI 550

Extended limitation for service-tax demands fails where registered taxpayers disclose reimbursements in returns and accounts.

Service Tax

2026 (9) TMI 547

Mistake-of-law tax refunds attract interest from original claims, while implementation directions remain outside appellate review.

Central Excise

2026 (9) TMI 546

Refund interest begins after the original claim's statutory waiting period, not a later appellate order or reminder.

Central Excise

2026 (9) TMI 545

Rule 26 penalties require proof that distributors knew goods were confiscable; manufacturer duty defaults alone cannot justify penalties.

Central Excise

2026 (9) TMI 544

Portable rechargeable lamp classification: inbuilt-battery lamps fall under portable electric lamps, while disclosure bars extended limitation and penalties.

Central Excise

2026 (9) TMI 470

CENVAT credit on additional customs duty for imported steam coal remains available despite Central Excise exemption restrictions.

Central Excise

2026 (9) TMI 469

Job-work scrap duty rests with the retaining job worker, not the principal manufacturer supplying processing materials.

Central Excise

2026 (9) TMI 543

Refund of protested security deposit remains linked to interest claims and unresolved assessment and reassessment proceedings.

VAT / Sales Tax

2026 (9) TMI 542

Revisional review of turnover discrepancies remains unavailable without perversity, lack of evidence, or legal error in reassessment findings.

VAT / Sales Tax

2026 (9) TMI 541

Transit-penalty requirements do not extend to explained inter-State transshipment without evidence of intent to evade Karnataka tax.

VAT / Sales Tax

2026 (9) TMI 468

Legislative competence after GST constitutional amendment invalidates retrospective VAT limitation amendment excluding appellate proceeding time.

VAT / Sales Tax

2026 (9) TMI 408

Motor-vehicle accessory classification places exclusively vehicle-used CNG/LPG kits, cylinders and containers under the higher tax rate.

VAT / Sales Tax

2026 (9) TMI 341

Contractor material supplies become taxable sales when their value is recovered through deductions from final contractual payments.

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 (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

2026 (9) TMI 540

Pending judicial proceedings bar gratuity release despite departmental exoneration until final orders conclude all proceedings.

Indian Laws

2026 (9) TMI 539

Cheque drawer status limits appellate pre-deposit: non-signatory company directors cannot be required to deposit compensation pending appeal.

Indian Laws

2026 (9) TMI 538

Sole proprietorship cheque dishonour complaints remain maintainable against the proprietor without separately arraigning the business concern.

Indian Laws

2026 (9) TMI 467

Mandatory pre-process inquiry in cheque dishonour complaints involving out-of-jurisdiction accused remains central, while trial issues stay open.

Indian Laws

2026 (9) TMI 466

Statutory cheque presumptions require cogent rebuttal, while successor Magistrates may decide summons-trial evidence without procedural invalidity.

Indian Laws

2026 (9) TMI 465

Post facto fee sanction permits payment for accepted valuation work while recovery remains confined to liquidation funds excluding third-party liability.

Indian Laws


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