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Recent Case Laws

View All
2026 (6) TMI 1145

Manufacture test for tobacco processing: sprinkling jaggery water alone does not change classification or justify enhanced cess.

GST

2026 (6) TMI 1144

Composite show cause notices for multiple assessment years are unsustainable; year-wise notices may be issued afresh.

GST

2026 (6) TMI 1098

Electronic Credit Ledger blocking under GST is limited to available ITC; negative blocking is impermissible.

GST

2026 (6) TMI 1097

Statutory appellate remedy preferred over writ relief, with appeal allowed subject to delay condonation and pre-deposit

GST

2026 (6) TMI 1096

Recovery notice cannot stand when GST summary order omits confirmed interest and penalty; rectification must precede coercive action.

GST

2026 (6) TMI 1095

Defective show-cause notice and natural justice breach led to GST registration cancellation being set aside and restored.

GST

2026 (6) TMI 1143

Estimated bogus purchase addition cannot sustain concealment penalty absent definite finding of concealed income.

Income Tax

2026 (6) TMI 1142

Bogus purchase additions and full disallowance of non-genuine purchases remain the core issues in the admitted appeal.

Income Tax

2026 (6) TMI 1141

Vires challenge to Section 147-A amendment permitted as writ petition was allowed to be amended and served.

Income Tax

2026 (6) TMI 1140

Independent professional services under the India-Germany DTAA override fees for technical services where no fixed base exists in India.

Income Tax

2026 (6) TMI 1139

Advertising payments through automated online platforms fall under section 194C, not technical services, absent human intervention.

Income Tax

2026 (6) TMI 1138

Charitable trust excess application can be adjusted in later years; Explanation 5 to section 11(1) held prospective.

Income Tax

2026 (6) TMI 594

Alternate remedy in benami proceedings: writ challenges to notices and provisional attachment were withdrawn with liberty to approach the adjudicating authority.

Benami Property

2026 (6) TMI 197

Review order under benami law not separately appealable; Tribunal's restoration of appeals upheld as barred by civil procedure rules.

Benami Property

2026 (6) TMI 196

Benami transaction proved by unexplained funds and admitted use of another's name; provisional attachment upheld.

Benami Property

2026 (5) TMI 936

Unexplained cash and benami property rules: tribunal holds income-tax filing readiness does not bar PBPT Act proceedings.

Benami Property

2026 (5) TMI 711

Benami transaction law applies to continued holding of property after amendment; provisional attachment upheld.

Benami Property

2026 (5) TMI 660

Benami property inference sustained where unexplained cash routing and insufficient income failed to rebut the source of consideration

Benami Property

2026 (6) TMI 1110

Illegal import of municipal solid waste must be returned to the exporting state, with detention and demurrage liability remaining on the importer.

Customs

2026 (6) TMI 1109

Customs seizure and release: contemporaneous reason to believe upheld for goods, while vehicle was released on conditions.

Customs

2026 (6) TMI 1108

Penalty under Customs Act Section 117 was unsustainable where licensing regulations governed the alleged customs broker breach.

Customs

2026 (6) TMI 1068

Customs show cause notice challenge rejected where classification is disputed and statutory adjudication remains available.

Customs

2026 (6) TMI 1067

Remand for fresh consideration where a preventive-vs-punitive regulation argument was not urged before the Tribunal and remained undecided.

Customs

2026 (6) TMI 1066

Strict construction of baggage jurisdiction bar under Customs law leaves appeal maintainable where foreign currency was seized before baggage clearance.

Customs

2026 (6) TMI 902

Share-transfer dispute, remand of partnership reliefs, and extension of receivership over estate assets.

Companies Law

2026 (6) TMI 649

Consent referral to arbitration in a company dispute led to setting aside the tribunal orders and appointing a sole arbitrator.

Companies Law

2026 (6) TMI 648

Winding up transfer to NCLT can be ordered without a party application unless the case has reached an irreversible stage.

Companies Law

2026 (6) TMI 400

Coal beneficiation and cost audit compliance: court refused threshold quashing of complaint over alleged non-maintenance of cost records.

Companies Law

2026 (5) TMI 1746

Voting authority dispute kept open as NCLAT allows the meeting but pauses implementation of any resolution.

Companies Law

2026 (5) TMI 1447

Transposition after withdrawal is impermissible; review cannot reopen settled issues or create a fresh right to contest.

Companies Law

2026 (6) TMI 717

Statutory appeal bars writ challenge to SEBI IPO approval; petitioner must use the appellate remedy instead.

SEBI

2026 (6) TMI 457

Insider trading and delayed disclosure under the PIT Regulations: SAT relief on trading findings, with penalty sustained for late reporting.

SEBI

2026 (6) TMI 14

PFUTP fraud and hedging principles: excess derivative positions were not manipulative, but disclosure breach remained

SEBI

2026 (5) TMI 772

Condonation of delay in a first appeal granted where sufficient cause existed and the appellant was restored to appellate hearing on merits.

SEBI

2026 (5) TMI 1383

Impleadment of minority shareholders upheld where the writ outcome directly affected their independent interest.

SEBI

2026 (5) TMI 1036

Maintainability of SCORES-based relief claims: monetary compensation beyond tribunal jurisdiction, with other remedies left open.

SEBI

2026 (6) TMI 1107

Procedural defects and delay may be cured to preserve adjudication on merits, subject to strict compliance timelines.

IBC

2026 (6) TMI 1065

Writ jurisdiction and alternative remedies bar interference with pending tribunal insolvency proceedings where forum shopping is evident.

IBC

2026 (6) TMI 1064

Tentative determination of security interest and distribution entitlements cannot override a pending challenge to the earlier order.

IBC

2026 (6) TMI 1063

Deposit proof and insolvency moratorium left the company appeal infructuous under the Companies Act and IBC.

IBC

2026 (6) TMI 1062

Non-speaking adjudicatory order under insolvency law set aside for failure to address material grounds and reasons

IBC

2026 (6) TMI 1017

Writ maintainability fails after withdrawal without liberty and filing before the wrong forum

IBC

2026 (6) TMI 802

Sanctions compliance scrutiny by authorised dealer bank upheld where disclosures raised serious transaction-risk concerns.

FEMA

2026 (6) TMI 801

FEMA residence test under Section 2(v) kept immovable property and remittance transactions outside regulatory violations.

FEMA

2026 (6) TMI 184

Foreign security under FEMA includes transferable subscription rights, and seizure is limited to the equivalent value in India.

FEMA

2026 (6) TMI 1106

Jurisdiction under repealed foreign exchange law failed where specific empowerment was absent for issuing show cause notices.

FEMA

2026 (6) TMI 1016

Review jurisdiction cannot reopen FEMA merits when statutory remedies remain available and no apparent error is shown.

FEMA

2026 (5) TMI 1600

FEMA seizure under Section 37A depends on holding of the foreign asset at seizure and can be lifted after repatriation.

FEMA

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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

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 (6) TMI 769

Prolonged pre-trial incarceration justified bail under PMLA despite Section 45's stringent twin conditions.

Money Laundering

2026 (6) TMI 713

PMLA bail and Article 21 liberty: prolonged incarceration can outweigh section 45 rigours in appropriate cases.

Money Laundering

2026 (6) TMI 712

Discharge at PMLA stage turns on prosecution material alone, with prima facie proceeds of crime enough to proceed.

Money Laundering

2026 (6) TMI 711

Prolonged pre-trial incarceration can justify bail under special statutes despite stringent statutory restrictions and twin conditions.

Money Laundering

2026 (6) TMI 1015

PMLA arrest power requires fresh, objective material; stale or recycled suspicion cannot justify arrest under Section 19.

Money Laundering

2026 (6) TMI 1014

Pre-cognizance hearing in PMLA complaints is mandatory, including for corporate accused; non-compliance vitiates summons.

Money Laundering

2026 (6) TMI 1105

Strict compliance under the Sabka Vishwas Scheme led to lapse for delayed payment, while penalty was deleted absent mala fide intent.

Service Tax

2026 (6) TMI 1104

Composite works contracts escape service tax on the goods element, with pre-2007 levy rejected and material value excluded.

Service Tax

2026 (6) TMI 1103

Cenvat credit on NPCI e-statements upheld where relaxed invoice rules and required particulars supported admissibility.

Service Tax

2026 (6) TMI 1061

Refund of investigation deposits cannot be denied for wrong assessee code when the levy itself is unsustainable.

Service Tax

2026 (6) TMI 1060

Refund of service tax paid under mistake of law was treated as outside the one-year limitation, with double-payment verification remanded.

Service Tax

2026 (6) TMI 1013

Extended limitation under service tax law fails without suppression of facts or intent to evade tax.

Service Tax

2026 (6) TMI 1102

CAS-4 valuation for captive consumption must use actual cost, not notional transfer price; periodical, revenue-neutral demand fails.

Central Excise

2026 (6) TMI 1101

Manufacture and exemption principles: bullion conversion, tariff classification and limitation reduced duty exposure on gold products.

Central Excise

2026 (6) TMI 1100

Sales tax reimbursement under incentive scheme not part of transaction value for excise valuation

Central Excise

2026 (6) TMI 1007

Reasoned adjudication in clandestine removal cases requires proper consideration of the reply; non-speaking orders invite remand.

Central Excise

2026 (6) TMI 1006

Central Excise remission for inevitable Pig Iron losses was linked to Rule 21 and the product-specific condonation norm.

Central Excise

2026 (6) TMI 1005

Ex-works valuation excludes separate freight charges; Rule 8 cannot goods sold for turnkey erection and commissioning.

Central Excise

2026 (6) TMI 947

Departmental exoneration does not bar criminal prosecution where independent evidence shows a prima facie case of conspiracy and forgery.

VAT / Sales Tax

2026 (6) TMI 946

Quashing jurisdiction is limited where VAT-linked invoice fraud allegations disclose prima facie cheating and forgery.

VAT / Sales Tax

2026 (6) TMI 843

Instalment relief under entry tax law: tax and interest secured in stages while penalty recovery stayed pending appeal

VAT / Sales Tax

2026 (6) TMI 761

Jurisdiction over statutory forms in tax arrear recovery proceedings remains with the Assessing Authority, not the recovery forum.

VAT / Sales Tax

2026 (6) TMI 760

VAT assessment limitation: COVID-19 extension not available to the assessing authority, and time-barred months were set aside.

VAT / Sales Tax

2026 (6) TMI 701

Director liability under VAT recovery law requires proof of unrecoverable company dues and factual basis for gross negligence before attachment.

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 (6) TMI 945

Forum non conveniens under Article 226 has a limited role when multiple High Courts can hear the writ petition.

Indian Laws

2026 (6) TMI 944

Cheque dishonour presumptions and limited revisional review sustain conviction where signature and issuance are admitted.

Indian Laws

2026 (6) TMI 893

Cheque dishonour prosecution may proceed despite pending civil appeal; Section 139 presumptions block pre-trial factual defences.

Indian Laws

2026 (6) TMI 1099

Patent illegality in arbitration: ignoring RA bills on GST inclusion led to setting aside the award finding and recomputation.

Indian Laws

2026 (6) TMI 1004

Criminal negligence in bus accident cases requires proof of rash or negligent driving, not mere passenger fall while alighting.

Indian Laws

2026 (6) TMI 1003

Cheque dishonour liability requires drawer status; a non-signatory joint account holder cannot face prosecution under Section 138.

Indian Laws





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