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Recent Case Laws

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2026 (10) TMI 243

Refund withholding during anti-evasion investigations remains valid where evidence supports suspected fraudulent input tax credit claims.

GST

2026 (10) TMI 242

Writ review of input tax credit adjudication yields to statutory appeal where jurisdiction and hearing objections require record scrutiny.

GST

2026 (10) TMI 241

Unfiled GST claims in CIRP are extinguished after resolution-plan approval, barring later tax adjudication despite available appellate remedies.

GST

2026 (10) TMI 240

Pecuniary jurisdiction limits prevent Deputy Commissioners from blocking input tax credit beyond the Commissioner-prescribed threshold.

GST

2026 (10) TMI 239

Condonation of delay within the statutory window requires a fair hearing on medical circumstances preventing timely appellate response.

GST

2026 (10) TMI 238

Meaningful personal hearing requires scheduling after the show-cause reply deadline; premature assessment proceedings must restart from notice stage.

GST

2026 (10) TMI 203

Section 14A disallowance without exempt income remained undisturbed, leaving the revenue's challenge unsuccessful before the final forum.

Income Tax

2026 (10) TMI 202

Monetary-limit policy bars low-tax-effect Revenue appeals despite a claimed exception for revision proceedings, leaving legal questions open.

Income Tax

2026 (10) TMI 201

Reassessment scrutiny must await speaking disposal of reopening objections and the mandatory interval before further assessment action.

Income Tax

2026 (10) TMI 200

Section 264 Revision Requires Merits Review Despite Non-Participation in Reassessment and Bars Non-Speaking Rejection of Assessee Claims

Income Tax

2026 (10) TMI 199

Duplicate PAN records and assessment identity dispute require production of original application, verification and deactivation material.

Income Tax

2026 (10) TMI 198

Statutorily competent approval determines validity of reassessment action once the prescribed period for lower-level approval expires.

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 1948

Section 24 provisional attachment permits same-day notice, approval and attachment when statutory conditions and prior approval are satisfied.

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 (10) TMI 151

Provisional-release security must remain proportionate, allowing writ review of excessive Customs Act conditions despite an appellate remedy.

Customs

2026 (10) TMI 150

Immediate suspension requirement limits Customs Broker licence suspensions where unexplained investigative and reporting delays defeat preventive necessity.

Customs

2026 (10) TMI 149

Prospective operation of an amended customs exemption notification requires provisional-release requests for earlier imports to be assessed under existing law.

Customs

2026 (10) TMI 148

Proper-officer competence bars jurisdictional challenge, while evidence-based customs notice disputes must proceed through statutory adjudication.

Customs

2026 (10) TMI 147

Criminal Revision Limits Preserve Customs Misdeclaration Conviction While Sentencing Reflects Time Served and Applicable Statutory Maximum

Customs

2026 (10) TMI 146

Duty-free imports under Special Advance Authorization remain eligible despite Minimum Import Price restrictions when the authorization is valid.

Customs

2026 (9) TMI 2073

Forensic audit scope remains limited to debtor-bank transactions, excluding unrestricted scrutiny of banks' wider affairs.

Companies Law

2026 (9) TMI 2013

Oral corporate agreements remain valid under general contract law, while representative authority requires evidence rather than plaint-stage rejection.

Companies Law

2026 (9) TMI 2012

Consent terms in oppression proceedings can settle challenges to articles amendments and rights issues without merits adjudication.

Companies Law

2026 (9) TMI 1936

Nominee director liability requires involvement in company affairs, not appointment alone, where deposit-repayment directions remain unmet.

Companies Law

2026 (10) TMI 136

Section 244 waiver jurisdiction preserves oppression and mismanagement remedies where statutory member-consent thresholds are satisfied.

Companies Law

2026 (10) TMI 135

Reasoned interim relief requires an effective hearing; non-filing of a reply alone cannot justify substantive ex parte 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 1675

Statutory appellate remedy for interim securities restrictions takes priority over writ jurisdiction, preserving objections before the designated appellate forum.

SEBI

2026 (10) TMI 134

Fraudulent insolvency initiation permits recall, but a mature collective CIRP may continue where stakeholder interests and statutory objectives require.

IBC

2026 (10) TMI 133

Approved resolution plans extinguish unprovided rehabilitation claims, while writ review does not reassess fact-based eligibility findings.

IBC

2026 (10) TMI 132

Clean-slate principle prevents revived lease arrears and transfer charges after an approved insolvency resolution plan mandates rights transfer.

IBC

2026 (10) TMI 131

Joint development co-promoter liability and unchallenged recovery certificates permit auction despite pending insolvency proceedings under real estate regulation.

IBC

2026 (10) TMI 130

Revival liberty under a failed one-time settlement cannot protect guarantors whose own non-performance caused the settlement failure.

IBC

2026 (10) TMI 129

Mandatory liquidation after CIRP expiry cannot be deferred by creditor voting or post-expiry revival efforts.

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 2006

FEMA civil penalties apply without mens rea where charitable trusts retain non-resident rupee borrowings beyond permitted periods.

FEMA

2026 (9) TMI 1846

Mandatory FEMA preliminary procedure invalidates adjudication where borrower eligibility is assessed without considering applicable external borrowing circulars.

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 (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 2072

PMLA Property Restoration Requires Qualifying Claimants and Separates Attached Promoter Assets from Corporate Insolvency Proceedings

Money Laundering

2026 (10) TMI 16

Medical interim bail under PMLA protects personal liberty where serious illness and prolonged pre-trial custody justify release.

Money Laundering

2026 (10) TMI 15

Equivalent-value attachment permits pre-offence property to secure unavailable proceeds of crime in money-laundering enforcement proceedings.

Money Laundering

2026 (10) TMI 127

Further money-laundering investigation may continue after a complaint and before charge framing without prior Special Court leave.

Money Laundering

2026 (10) TMI 126

Statutory twin conditions for money-laundering bail do not justify interference where the bail order shows reasoned consideration.

Money Laundering

2026 (10) TMI 125

PMLA property attachment restricts banks from enforcing mortgages unless they prove due diligence and non-involvement in money laundering.

Money Laundering

2026 (10) TMI 124

Proceedings against an amalgamated transferor company are null, invalidating adjudication founded on its show-cause notice.

Service Tax

2026 (10) TMI 123

Judicial discipline requires revenue authorities to follow unstayed appellate orders when assessing construction-service tax exemptions.

Service Tax

2026 (10) TMI 122

Reciprocal promotional benefit distinguishes taxable sponsorship from CSR donations, while unsupported suppression cannot extend the service-tax limitation period.

Service Tax

2026 (10) TMI 121

Duplicate service-tax demands for the same period require verification before fresh adjudication where parallel demand orders exist.

Service Tax

2026 (10) TMI 120

Notification-based service-tax exemption requires timely certified returns; belated filing defeats relief, while penalties must follow statutory caps.

Service Tax

2026 (10) TMI 119

Composite service classification by essential character treats predominant coal transport as GTA, limiting service-tax exposure to non-exempt ancillary services.

Service Tax

2026 (10) TMI 114

Admissible evidence for CENVAT credit: unauthenticated electronic records and untested third-party statements cannot establish non-receipt of inputs.

Central Excise

2026 (10) TMI 113

Electronic Evidence Admissibility Limits Excise-Duty Quantification, While Unretracted Statements May Independently Support Particular Transactions Where Corroborated

Central Excise

2026 (10) TMI 112

Mega Power Project supplies under competitive bidding retain the Cenvat Credit exception despite partial customs-duty exemption.

Central Excise

2026 (10) TMI 111

Clandestine-removal demands require a corroborated evidentiary chain; unauthenticated loose sheets, electronic data, and third-party files are insufficient.

Central Excise

2026 (10) TMI 110

CENVAT credit on raw-material shortages remains available where work-in-progress records explain stock discrepancies and non-receipt is unproved.

Central Excise

2026 (10) TMI 109

Cenvat Credit for Job-Worked Goods Remains Available Despite Duty-Free Clearance to the Principal Manufacturer under Separate-Accounting Restrictions

Central Excise

2026 (9) TMI 1910

Statutory appellate remedy for uncalculated DVAT interest requires challenge through appeal rather than writ proceedings.

VAT / Sales Tax

2026 (10) TMI 6

Manufacturing-use concession covers precision instruments unless they are plant and machinery, while non-concessional imported goods face higher tax.

VAT / Sales Tax

2026 (10) TMI 5

Input tax credit remains available when genuine purchases and goods movement are proven despite supplier tax default.

VAT / Sales Tax

2026 (10) TMI 4

Recorded Software Media Classification places pre-recorded CDs and DVDs under the lower VAT entry, not the blank-media entry.

VAT / Sales Tax

2026 (10) TMI 106

VAT on stock shortages cannot disregard later taxed sales, as doing so risks double taxation and undermines default assessments.

VAT / Sales Tax

2026 (10) TMI 105

Works-contract VAT requires a taxable-turnover mechanism; builder construction after a sale agreement remains taxable in principle.

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

2026 (10) TMI 3

Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.

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 (10) TMI 2

Mandatory pre-process inquiry for out-of-jurisdiction accused requires remittal, not termination, where prima facie forgery and cheating allegations persist.

Indian Laws

2026 (10) TMI 104

Registered-post statutory notice to the drawer's correct address triggers presumed service despite receipt by a co-residing family member.

Indian Laws

2026 (10) TMI 103

Juridical Seat Versus Venue: arbitral award challenges lie before the competent court at the contractual place of work.

Indian Laws

2026 (10) TMI 102

Recall of merits order requires cogent grounds; complainant's absence alone does not justify reopening process quashing.

Indian Laws

2026 (10) TMI 101

Article 226 review limits courts to procedural legality, preserving plausible disciplinary closure despite alternative factual views.

Indian Laws

2026 (10) TMI 1

Police assistance costs under SARFAESI cannot be imposed on secured creditors as a possession condition.

Indian Laws


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