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Recent Case Laws

View All
2026 (8) TMI 1297

Telecommunication towers remain movable goods for CGST input tax credit after review petitions failed to establish apparent error.

GST

2026 (8) TMI 1296

Leasehold rights assignment and GST service classification challenges ended with dismissal of related Special Leave Petitions.

GST

2026 (8) TMI 1295

Bail and criminal antecedents: repeated similar allegations and substantial public revenue loss justified refusal of release pending trial.

GST

2026 (8) TMI 1294

Pre-decisional hearing and natural justice challenge fails as writ remedy ruling remains undisturbed despite alternative remedy objections.

GST

2026 (8) TMI 1293

Project-specific anti-profiteering methodology requires GST savings to be allocated by total project area, ensuring equal purchaser benefits.

GST

2026 (8) TMI 1292

Real-estate profiteering requires project-wise GST savings and per-square-foot buyer benefit allocation, not input-credit-to-turnover ratio comparisons.

GST

2026 (8) TMI 1277

Insurance tax computation and withholding issues remained undisturbed after delayed challenge was rejected without merits adjudication.

Income Tax

2026 (8) TMI 1276

Assessment jurisdiction challenge fails where an uncontroverted centralisation order was communicated and portal-uploaded after the assessee's no-objection.

Income Tax

2026 (8) TMI 1275

Delayed Form 10B filing during Covid-19 warranted condonation, preserving consideration of the exemption claim on merits.

Income Tax

2026 (8) TMI 1274

Share premium from non-resident fresh share allotment remains capital receipt; reassessment fails on incorrect facts and unnotified grounds.

Income Tax

2026 (8) TMI 1273

Reassessment on previously scrutinised material cannot revive an assessment that lapsed without timely completion of the final order.

Income Tax

2026 (8) TMI 1272

Change of opinion cannot justify reassessment where scientific research deduction evidence was examined and accepted in original scrutiny.

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 347

Benami share ownership established by routed consideration, but freezing shares outside identified attachment proceedings was invalid.

Benami Property

2026 (8) TMI 346

Benami property attachment requires verified funding, control, and transaction evidence; incomplete investigation led to remand for reinvestigation.

Benami Property

2026 (8) TMI 1298

Release of imported areca nuts pending classification adjudication may be secured by personal bond without bank guarantee.

Customs

2026 (8) TMI 1237

Transferable duty-credit scrip misuse makes importers liable for agent-led customs benefits despite claimed ignorance or missing original documents.

Customs

2026 (8) TMI 1236

Common customs adjudication may be refused where distinct notices require record-based challenges through the statutory appellate remedy.

Customs

2026 (8) TMI 1235

Customs seizure regime prevails: criminal courts cannot grant interim custody without cognizance of a Customs offence.

Customs

2026 (8) TMI 1234

Kitchen exhaust hood classification requires fresh factual determination after considering material on whether imported hoods incorporate fans.

Customs

2026 (8) TMI 1233

Flat panel display module classification prevails over computer parts for separately imported laptop LCD panels without signal-converting components.

Customs

2026 (8) TMI 935

Conditional creditor consent requires scrutiny before revival scheme approval, ensuring informed assent, fairness, and valid statutory majority support.

Companies Law

2026 (8) TMI 806

Invoice recovery limitation remains unaffected by winding-up proceedings, while valid partnership registration preserves capacity to sue.

Companies Law

2026 (8) TMI 735

Functus officio bars intervention and recall in concluded writ proceedings without a demonstrated subsisting affected right.

Companies Law

2026 (8) TMI 1148

Contractual forfeiture in e-auctions requires fresh examination of loss, deposit terms, and the permissible forfeiture amount.

Companies Law

2026 (8) TMI 1080

Impracticability in convening shareholder meetings requires concrete proof before exceptional Tribunal intervention can override ordinary corporate mechanisms.

Companies Law

2026 (8) TMI 1005

Review jurisdiction requires an apparent error or valid reconsideration ground; absence of either results in dismissal of review petition.

Companies Law

2026 (8) TMI 934

Associate-company and related-party definitions prevail over accounting indicators, defeating fraud, consolidation and disclosure allegations without proof of control.

SEBI

2026 (8) TMI 863

Material event disclosure requires conspicuous reporting of terminated acquisition agreements; a footnote in financial results is insufficient.

SEBI

2026 (8) TMI 1231

SCORES complaint appeals cannot secure civil monetary relief before the Tribunal; alternative legal remedies remain available to aggrieved parties.

SEBI

2026 (8) TMI 1147

RTI disclosure limits: public authorities need not obtain private-body information unavailable in their records solely to answer requests.

SEBI

2026 (8) TMI 1146

Securities-market debarment relief permits approved preferential warrants and ordinary mutual-fund transactions while preserving the underlying debarment.

SEBI

2026 (8) TMI 1004

Front-running prosecutions must follow the specialised securities-law complaint procedure and cannot bypass it through a general criminal FIR.

SEBI

2026 (8) TMI 1230

Statutory appellate remedy before NCLAT generally bars writ challenges to NCLT orders absent sufficient grounds for bypassing it.

IBC

2026 (8) TMI 1229

Regulatory fees in insolvency may form process costs when expressly authorised and broadly connected to regulatory functions.

IBC

2026 (8) TMI 1228

Parallel insolvency recovery permits liquidators to pursue receivables while depositor-protection investigations retain control over offence-linked assets.

IBC

2026 (8) TMI 1227

Homebuyer refund election ends continuing allottee status, preventing financial-creditor recognition for insolvency proceedings under the Code.

IBC

2026 (8) TMI 1145

Statutory appellate remedy under the Insolvency Code generally bars writ challenges to National Company Law Tribunal liquidation orders.

IBC

2026 (8) TMI 1144

Insolvency admission based on undisputed information utility default records remains valid despite objections to photocopied supporting documents.

IBC

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 1854

Statutory penalty ceilings preserve adjudicatory discretion; enhancement requires proof that the imposed penalty was improperly or disproportionately low.

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 (8) TMI 1226

PMLA bail proceedings permit fresh merits consideration after timely surrender despite dismissal of challenge to High Court order.

Money Laundering

2026 (8) TMI 1225

Subsisting scheduled offence requirement prevents PMLA action from continuing after predicate proceedings close without lawful revival.

Money Laundering

2026 (8) TMI 1224

Anticipatory bail in money-laundering probes may be denied where prima facie involvement, non-cooperation, and custodial interrogation needs persist.

Money Laundering

2026 (8) TMI 1223

Money-laundering complaint requires departmental consideration and communication, without a court-imposed deadline or merits determination.

Money Laundering

2026 (8) TMI 1222

Mandatory PMLA bail conditions cannot be bypassed through parity or investigation cooperation, making unsupported bail unsustainable.

Money Laundering

2026 (8) TMI 1221

Money laundering mens rea requires corroborated evidence of knowing involvement; peripheral allegations alone cannot sustain prosecution or trial.

Money Laundering

2026 (8) TMI 1299

Pre-amendment natural-resource extraction agreements remain outside reverse-charge service tax despite later royalty and production-linked payments.

Service Tax

2026 (8) TMI 1219

Service tax on recovered contractual advances remains a revenue deposit where no taxable service was rendered, permitting refund.

Service Tax

2026 (8) TMI 1218

Manufacturing treatment for output-based biscuit packaging defeats manpower supply tax and bars unsustainable reverse-charge demands and penalties.

Service Tax

2026 (8) TMI 1217

Cleaning contracts are not manpower supply where provider controls workers and payment is for completed services.

Service Tax

2026 (8) TMI 1216

Intermediary service classification requires facilitation of another's separate supply; own-account university admission services qualify as exports.

Service Tax

2026 (8) TMI 1215

Satellite transponder bandwidth remained telecommunication service and could not be reclassified as Business Support Service for reverse-charge taxation.

Service Tax

2026 (8) TMI 1212

CENVAT credit supported by invoices, stock records and payment evidence cannot be denied on uncorroborated supplier material alone.

Central Excise

2026 (8) TMI 1211

Input service credit for factory setup survives deletion of the inclusive phrase unless a specific construction exclusion applies.

Central Excise

2026 (8) TMI 1210

Rule 26(2) penalty requires proof of invoice-related abetment, not merely receipt of goods through a broker.

Central Excise

2026 (8) TMI 1209

CENVAT credit remains available where documents prove receipt and use despite differing goods descriptions in internal receipt records.

Central Excise

2026 (8) TMI 1137

Input service credit cannot be denied solely because head-office invoices were not routed through a registered distributor.

Central Excise

2026 (8) TMI 1136

CENVAT credit for fly-ash transportation remains available when disposal supports captive power generation and dutiable manufacturing operations.

Central Excise

2026 (8) TMI 914

VAT and sales tax litigation reached the Supreme Court without disclosed underlying statutory or factual issues.

VAT / Sales Tax

2026 (8) TMI 913

Rectification jurisdiction cannot recall a final revision order to secure merits rehearing on allegedly undecided issues.

VAT / Sales Tax

2026 (8) TMI 849

Petroleum-product classification includes Hydraulic Oil as a taxable consumable, while reassessment conditions for escaped turnover remain satisfied.

VAT / Sales Tax

2026 (8) TMI 788

Gross turnover taxability of drought relief remained undisturbed where relief was invoiced and charged to the purchaser.

VAT / Sales Tax

2026 (8) TMI 787

Inter-State vehicle movements linked to dealer orders and advance payments constitute taxable sales, not exempt branch stock transfers.

VAT / Sales Tax

2026 (8) TMI 1134

Statutory interest on delayed refunds remains payable after principal refund release and must be quantified and released.

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 (8) TMI 1208

Cheating and conspiracy require proven dishonest inducement and prior agreement; suspicion or association alone cannot sustain criminal liability.

Indian Laws

2026 (8) TMI 1207

SARFAESI remedy before the Tribunal prevails, while disputed settlement terms cannot be enforced through writ jurisdiction.

Indian Laws

2026 (8) TMI 1133

Personal insolvency moratorium does not halt cheque dishonour prosecution of directors for corporate debt under statutory vicarious liability.

Indian Laws

2026 (8) TMI 1132

Inherent jurisdiction cannot decide disputed cheque-dishonour defences when statutory presumptions apply and trial evidence has substantially progressed.

Indian Laws

2026 (8) TMI 1061

NDPS commercial-quantity bail requires strict twin-condition compliance, reinforced by targeted verification and monitoring safeguards for foreign nationals.

Indian Laws

2026 (8) TMI 1060

Disciplinary inquiry delays do not void proceedings without express abatement or proven prejudice; specific charges require evidentiary inquiry.

Indian Laws





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