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Recent Case Laws

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2026 (9) TMI 1032

Meaningful hearing opportunity requires the reply deadline to expire before personal hearing and assessment determination can proceed.

GST

2026 (9) TMI 1031

Retrospective input tax credit relief regularises timely GSTR-3B filings and prevents denial for delayed returns

GST

2026 (9) TMI 1030

Delayed GST refund interest requires statutory adjudication first, with writ jurisdiction available only after remedies are exhausted.

GST

2026 (9) TMI 1029

Territorial jurisdiction over transit goods: State GST authorities cannot detain goods merely passing through without intended in-State delivery.

GST

2026 (9) TMI 1028

Statutory appeal delay beyond prescribed periods was condoned, restoring appellate consideration with all merits contentions kept open.

GST

2026 (9) TMI 1026

Condonation of delay preserved the statutory appeal where illness established sufficient cause and mandatory pre-deposit had been made.

GST

2026 (9) TMI 1034

Section 50 computation fiction permits long-term capital loss set-off against gains from long-term depreciable assets.

Income Tax

2026 (9) TMI 1033

Section 87A rebate extends to Section 111A short-term capital gains where no express statutory exclusion applies.

Income Tax

2026 (9) TMI 1004

Change of opinion bars reassessment where completed scrutiny examined and accepted the same share-sale transaction and exemption claim.

Income Tax

2026 (9) TMI 1003

Reassessment notices require independent income-escape information and cannot depend solely on GST adjudication or its pending appeal.

Income Tax

2026 (9) TMI 1002

Resolution-plan approval extinguishes unfiled Revenue claims, barring reassessment and tax recovery for pre-resolution-plan periods.

Income Tax

2026 (9) TMI 1001

Uncorroborated third-party search data cannot alone sustain unexplained-expenditure additions when cross-examination is denied and contrary evidence remains unrebutted.

Income Tax

2026 (9) TMI 969

Benami property claims cannot enforce ownership or possession through post-commencement suits, even where the underlying sale predates the prohibition.

Benami Property

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 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 968

Provisional attachment safeguards require approval, written reasons and hearing before extension; defective freezes and extensions cannot stand.

Customs

2026 (9) TMI 967

Provisional release of seized goods cannot be restricted by circular-based exclusions absent from the Customs Act.

Customs

2026 (9) TMI 966

EPCG export obligation compliance protected concessional duty benefit despite delayed EODC issuance and vehicle-registration allegations.

Customs

2026 (9) TMI 965

Confiscation of seized gold failed where foreign origin, smuggling evidence, and penalty-related knowledge were not established.

Customs

2026 (9) TMI 964

Delayed warehoused-goods clearance preserves duty liability but justified delay can prevent redemption fine and penalty.

Customs

2026 (9) TMI 963

Customs Act abetment penalties require proof of knowing facilitation, not mere association or receipt of loans and gifts.

Customs

2026 (9) TMI 896

Section 230 compromise period may be extended where changed creditor circumstances support value maximisation and corporate revival.

Companies Law

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 962

Annulled securities trades require exchange refund of deposited consideration, without forcing delivery or broker arbitration.

SEBI

2026 (9) TMI 961

Main objects clause limits virtual digital asset investments, rendering pre-amendment preferential issue deployment ultra vires and void.

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 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 960

Equivalent-value attachment under money-laundering law can reach pre-offence assets despite legitimate funding disclosure, capped at attributable illicit gain.

Money Laundering

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 959

Business Auxiliary Service demands require a specified taxable limb and proof that income represents consideration for taxable services.

Service Tax

2026 (9) TMI 958

Turnover Reconciliation and Input-Service Credit Define Service-Tax Demand, Invoice Eligibility, and Extended Limitation Limits in Practice

Service Tax

2026 (9) TMI 957

Service-tax limitation period expired before notice issuance, rendering the demand unsustainable without examination of its merits.

Service Tax

2026 (9) TMI 956

Extended limitation for service-tax recovery fails without proof of deliberate suppression or statutory conduct intended to evade tax.

Service Tax

2026 (9) TMI 955

Residential complex service classification excludes police housing corporation construction work, making the related service tax demand unsustainable.

Service Tax

2026 (9) TMI 1027

Rule 2A requantification and Form 26AS reconciliation invalidated repeated construction-service tax demand confirmation.

Service Tax

2026 (9) TMI 952

CENVAT refund recovery fails where a final appellate ruling confirms entitlement and rejects the limitation objection.

Central Excise

2026 (9) TMI 951

Brand-name exemption conditions require proof of branding on goods; invoice-only references cannot sustain duty or penalty.

Central Excise

2026 (9) TMI 950

Concessional-duty eligibility survives where common-input Cenvat credit does not prove exclusive use in manufacturing the concessional product.

Central Excise

2026 (9) TMI 949

Supplementary invoices support CENVAT credit where the supplier's differential duty payment did not arise from fraud or suppression.

Central Excise

2026 (9) TMI 948

Independent job-worker status prevents attribution of container manufacture to the principal assessee, rendering related excise-duty demands unsustainable.

Central Excise

2026 (9) TMI 947

Revenue neutrality in sister-unit stock transfers defeats central excise duty demands where recipients can claim CENVAT credit.

Central Excise

2026 (9) TMI 946

Fiscal interest liability requires payment default under prescribed return dates, preventing authorities from altering lawful filing periodicity.

VAT / Sales Tax

2026 (9) TMI 890

Priority of secured creditors under SARFAESI remains unresolved after a delayed challenge was dismissed without examining the legal issues.

VAT / Sales Tax

2026 (9) TMI 889

Revisional jurisdiction requires valid Commissioner authorisation; proceedings initiated without delegated power are void from inception.

VAT / Sales Tax

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 (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 888

Debts Recovery Tribunal remedy remains available where a diligent writ challenge was redirected despite ordinary limitation expiry.

Indian Laws

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


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