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Recent Case Laws

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2026 (9) TMI 1495

Natural justice requires fresh merits adjudication when an overlooked portal notice and absent hearing prevent an effective response.

GST

2026 (9) TMI 1494

Successive writ petitions fail when withdrawal without liberty abandons the remedy and statutory GST appeal remains unpursued.

GST

2026 (9) TMI 1493

Voluntary tax payment under fraud proceedings does not remove statutory interest and penalty liability after allegations remain unchallenged.

GST

2026 (9) TMI 1492

Bail in CGST prosecutions may follow prolonged custody, completed investigation, documentary evidence, and low trial-risk factors.

GST

2026 (9) TMI 1491

E-Way Bill Reuse Allegations Require Independent Proof Beyond Toll Records to Sustain GST Detention and Penalties

GST

2026 (9) TMI 1490

Amended GST pre-deposit rule is challenged for appeals from proceedings completed before commencement, with interim filing permission granted.

GST

2026 (9) TMI 1471

Disclosure of reconciliation information at the reassessment notice stage requires a fresh response, hearing, and order.

Income Tax

2026 (9) TMI 1470

Transfer-pricing comparability permits rational turnover filters and excludes functionally different software-product companies without reopening completed benchmarking.

Income Tax

2026 (9) TMI 1469

Internal comparables under TNMM support arm's length pricing when audited segmental accounts use rational allocation methods.

Income Tax

2026 (9) TMI 1468

Third-party search reassessment permits direct Section 148 notices under preserved pre-amendment rules without a prior Section 148A(b) notice.

Income Tax

2026 (9) TMI 1467

Reassessment of domain-registration receipts was stayed where prior rulings and scrutiny assessments raised concerns over finality.

Income Tax

2026 (9) TMI 1466

Substantial questions of law must arise from the impugned miscellaneous-application order, not an unaltered earlier remand finding.

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 (9) TMI 1390

Final tax adjudication findings negating benami transactions and confirming disclosure undermined prosecution, requiring quashing of criminal proceedings.

Benami Property

2026 (9) TMI 1229

Benami confiscation takes precedence over a subsequent secured mortgage, leaving lenders to pursue alternate collateral and statutory claims.

Benami Property

2026 (9) TMI 1140

Prior approval for benami property attachment requires statutory notice and recorded reasons before the approval process begins.

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 1433

Approved Resolution Plans Bar Post-Approval Customs Demands and Recovery Against Corporate Debtors Under the Insolvency Framework

Customs

2026 (9) TMI 1432

Conditional redemption fines cannot accompany re-export-only clearance of prohibited goods; false transactional information remains separately penalised.

Customs

2026 (9) TMI 1389

Advance Authorisation exemptions and casting classification determine trade-remedial duty exposure, while expiry of levy notifications does not prevent recovery.

Customs

2026 (9) TMI 1388

Water-solubility requirement determines classification of lauryl alcohol ethoxylate as a chemical product, not an organic surface-active agent.

Customs

2026 (9) TMI 1387

Appeal abatement in corporate liquidation follows unless an authorised representative timely seeks continuance under procedural rules.

Customs

2026 (9) TMI 1367

Prospective notification amendments cannot bar consideration of provisional release for imports covered by earlier bills of lading.

Customs

2026 (9) TMI 1431

Restoration costs must reflect actual regulatory expense, so an unsupported penalty for prolonged filing defaults was reduced.

Companies Law

2026 (9) TMI 1430

Exhaustion of alternative remedies makes direct challenges to interim status quo orders premature before winding-up adjudication.

Companies Law

2026 (9) TMI 1386

Existing prosecution sanction defects require trial-stage examination, while prior Companies Act investigations survive repeal and limitation needs evidence.

Companies Law

2026 (9) TMI 1292

Quasi-partnership shareholder exclusion can justify supervised Swiss Challenge bidding to secure a fair share-purchase exit after confidence irretrievably fails.

Companies Law

2026 (9) TMI 1222

Territorial jurisdiction arises when a company's registered office forms the investigative fulcrum, permitting a writ challenge.

Companies Law

2026 (9) TMI 1132

Binding Judicial Directions Remain Enforceable Despite Pending Review, Requiring Immediate Implementation of Vacant Possession Orders.

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 1429

Pre-admission interim moratorium ends for qualifying pending personal-guarantor insolvency applications, preventing restraint of creditor enforcement measures.

IBC

2026 (9) TMI 1428

Post-admission insolvency settlements require Section 12A withdrawal and cannot directly overturn admission orders through Rule 11.

IBC

2026 (9) TMI 1385

Fraudulent trading through removal of hypothecated machinery supports unreduced contribution to restore the corporate debtor's depleted assets.

IBC

2026 (9) TMI 1291

Interim injunction restraint preserves disputed trust entitlement and alleged defalcation issues for final adjudication without prejudice.

IBC

2026 (9) TMI 1290

Procedural fairness in insolvency proceedings supports a final, cost-backed opportunity to file a reply where delay causes no grave prejudice.

IBC

2026 (9) TMI 1289

Demand-notice service by tracked private courier supports Section 9 admission where admitted advances exceed threshold and no genuine dispute exists.

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 (9) TMI 1427

Prospective application of FEMA seizure powers permits scrutiny of post-commencement payments, while unreasoned NOC refusals require reconsideration.

FEMA

2026 (9) TMI 1217

Civil FEMA liability for non-compliant foreign investment does not require mens rea and may support property confiscation.

FEMA

2026 (8) TMI 801

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

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 1285

Prolonged pre-trial detention under PMLA supports regular bail where trial is unlikely to conclude promptly.

Money Laundering

2026 (9) TMI 1284

Bona fide purchase permits release of attached property when identifiable sale proceeds remain available for substituted attachment.

Money Laundering

2026 (9) TMI 1216

Humanitarian parole for critically ill spouses may be warranted despite other family caregivers being available.

Money Laundering

2026 (9) TMI 1215

Corresponding scheduled offences under anti-money-laundering law preserve enforcement jurisdiction for equivalent corruption offences under the J&K statute.

Money Laundering

2026 (9) TMI 1128

Money-laundering charges focus on criminal proceeds, statutory statements, prosecution sanction, and proof of a financial link.

Money Laundering

2026 (9) TMI 1127

Prima facie material for money laundering defeats discharge where records and statements indicate knowing transfer of criminal proceeds.

Money Laundering

2026 (9) TMI 1426

Composite works contracts using materials cannot be taxed as commercial construction services; GTA liability remains but penalty is waived.

Service Tax

2026 (9) TMI 1425

Free recipient-supplied materials do not increase taxable service value or justify denial of construction-service abatement.

Service Tax

2026 (9) TMI 1384

Service-tax refund limitation bars delayed ocean-freight claims and directs constitutional levy challenges outside the statutory refund mechanism.

Service Tax

2026 (9) TMI 1383

Reverse-charge verification prevents service-tax demands against goods transport agencies based solely on unverified tax statement data.

Service Tax

2026 (9) TMI 1382

Extended limitation cannot rest on an incorrect registration number when timely service tax returns and payments remain undisputed.

Service Tax

2026 (9) TMI 1381

Service tax exemptions and income-tax disclosure prevent demands for dam works, corrected receipts, and time-barred assessments.

Service Tax

2026 (9) TMI 1377

Delayed Monthly Duty Payments Attract Interest, Not Higher-Duty Computation, When Sealed Machines Were Not Operated

Central Excise

2026 (9) TMI 1376

CENVAT credit on debonding remains available for former EOUs converted into DTA units after payment of eligible duties.

Central Excise

2026 (9) TMI 1375

Cenvat refund correlation rules protect export credits despite repaid drawback, defeating recovery and consequential interest demands.

Central Excise

2026 (9) TMI 1374

CENVAT input-service credit covers sales and manufacturing nexus services but excludes employee welfare facilities for manufacturers.

Central Excise

2026 (9) TMI 1373

CENVAT credit supported by invoices on record remains allowable, and penalty cannot arise from disregarding those documents.

Central Excise

2026 (9) TMI 1282

Job-work valuation excludes captive-consumption method where an independent processor returns goods to the principal for further manufacture.

Central Excise

2026 (9) TMI 1424

Clean-slate resolution plans extinguish excluded pre-resolution MVAT dues, barring recovery and requiring refund of statutory appeal pre-deposits.

VAT / Sales Tax

2026 (9) TMI 1372

Compensatory taxation requires measurable equivalent benefits and scrutiny of entry-tax validity under constitutional non-discrimination standards.

VAT / Sales Tax

2026 (9) TMI 1366

Rubber classification includes synthetic SBR Latex, placing it under the specified VAT entry rather than the residuary category.

VAT / Sales Tax

2026 (9) TMI 1281

Form-F declarations: final determinations for subsequent years preclude revision of an assessment accepting declarations under Central Sales Tax law.

VAT / Sales Tax

2026 (9) TMI 1206

Statutory interest on assessed VAT refunds applies where payment remains unpaid despite a refund determination.

VAT / Sales Tax

2026 (9) TMI 1107

Inter-State sales turn on contractual linkage to goods movement, while branch transfers require proof under the CST Act.

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 1371

Post-conviction settlement cannot reopen a final cheque-dishonour conviction through inherent jurisdiction after merits-based revision has concluded.

Indian Laws

2026 (9) TMI 1280

Cheque validity after bank merger prevents Section 138 liability when legacy instruments are presented after their prescribed deadline.

Indian Laws

2026 (9) TMI 1205

Fair vehicle repossession requires prior notice, cure opportunity, peaceful recovery, and transparent sale; forceful seizure can trigger restitution.

Indian Laws

2026 (9) TMI 1204

GST reimbursement disputes remain arbitrable where they concern contractual allocation rather than sovereign tax liability.

Indian Laws


Highlights
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