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Recent Case Laws

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2026 (3) TMI 194

Transfer of Leasehold Rights not a supply of services; GST not leviable where benefits of immovable property are transferred.

GST

2026 (3) TMI 193

Reasoned Decision Requirement: cancellation lacked reasons and appellate dismissal quashed for fresh hearing and review.

GST

2026 (3) TMI 192

Bail in economic tax fraud denied as large-scale fictitious input tax credit scheme risks tampering and absconding.

GST

2026 (3) TMI 191

Restoration of GST registration via writ jurisdiction after unblocking of electronic credit ledger, subject to compliance conditions.

GST

2026 (3) TMI 190

Procedural fairness: administrative authorities must hear petitioner and permit additional documents before deciding incentive-extension representation.

GST

2026 (3) TMI 189

Tariff classification assigned to beverages, iced tea and concentrates; corrected HSN codes and GST rates allocated.

GST

2026 (3) TMI 184

Procedural fairness: faceless assessment set aside where prior judicial directions failed to reach AO; documents supplied and fresh adjudication ordered.

Income Tax

2026 (3) TMI 183

Withholding tax relief where payments are prima facie non taxable under the treaty-certificate reduced to 2% for the specified year.

Income Tax

2026 (3) TMI 182

Freedom of Movement: Lookout circulars cannot be maintained indefinitely after domestic tax proceedings end; conditional vacation required.

Income Tax

2026 (3) TMI 181

Right to be heard: faceless assessments without opportunity to reply or personal hearing must be set aside and reheard.

Income Tax

2026 (3) TMI 180

Royalty taxation: notional imputation rejected; only contractual entitlement taxed, and no PE attribution-interest recomputation remanded.

Income Tax

2026 (3) TMI 179

Unsigned statutory notices lacking required authentication invalidate reassessment jurisdiction and render proceedings void ab initio.

Income Tax

2026 (2) TMI 795

Benami Transaction Definition expanded to include continued holding post amendment, capturing pre amendment transfers where consideration paid by another.

Benami Property

2026 (2) TMI 1352

Benami Transactions confirmed; provisional attachment upheld while beneficial owner identity is referred for limited reinvestigation.

Benami Property

2026 (2) TMI 1293

Benami transaction: proof of consideration and control by beneficial owner upholds provisional attachment and dismisses appeals.

Benami Property

2026 (2) TMI 1292

Fiduciary exception rejected; provisional attachment under benami law affirmed where transfers were one way unaccounted accommodation entries.

Benami Property

2026 (2) TMI 1225

Benami property jurisdiction: IBC tribunals lack power to challenge Benami Act attachment; such assets fall outside the liquidation estate.

Benami Property

2026 (2) TMI 1174

Benami property verification: insufficient hallmark and invoice evidence defeated provisional attachment, leading to relief for the proprietor.

Benami Property

2026 (3) TMI 51

Inordinate delay in filing bars appellate relief where explanation is insufficient, and identical adverse precedent controls product classification outcome.

Customs

2026 (3) TMI 50

Satisfactory explanation for delay is essential to admit a delayed appeal; without it, dismissal follows and merits must independently justify interference.

Customs

2026 (3) TMI 161

Classification of modular kitchens as furniture affirmed; valuation must follow transaction value rules and requires comparability to reject it.

Customs

2026 (3) TMI 160

Interchangeability of non-scheduled passenger and charter use upheld, so conditional customs exemption remains available and relief granted.

Customs

2026 (3) TMI 113

Customs Valuation: Reliance solely on an engineer's certificate cannot supplant required valuation rules; transaction value must be respected.

Customs

2026 (3) TMI 112

Sequential Valuation Methods must be followed; market-survey-based revaluation unsustainable and classification depends on essential character.

Customs

2026 (3) TMI 159

Quashing of FIR where preliminary enquiry failed to establish fraudulent intent and the registration amounted to a roving inquiry.

Companies Law

2026 (3) TMI 111

Class Action Scope: past transactions can be remedied under shareholder class suits, and petition admission was upheld.

Companies Law

2026 (2) TMI 1285

Committee of Creditors limited right to litigate in Code matters; Resolution Professional not the exclusive representative.

Companies Law

2026 (2) TMI 1221

Amendment of parties to implead a necessary party permitted to secure adjudication on merits, with dismissal modified accordingly.

Companies Law

2026 (2) TMI 1167

Interlocutory Order Merger: appeal rendered infructuous after a comprehensive final order incorporated and superseded the interim relief.

Companies Law

2026 (2) TMI 1112

Stamp duty on sanctioning orders must be levied on the sanctioning instrument, not by dissecting underlying transactions.

Companies Law

2026 (1) TMI 662

Stock exchange disciplinary action and withheld security: writ maintainable; investigation valid but final board decision set aside as unlawfully constituted

SEBI

2026 (1) TMI 433

AIF trustee debarment for SEBI rule breaches-no investor loss and fund winding-up led to bar treated as expired.

SEBI

2026 (1) TMI 4

Clients authorising third-party F&O trades despite missing pre/post confirmations; broker not liable for losses, award set aside.

SEBI

2026 (1) TMI 1358

Doctrine of merger and trustee-like powers in SEBI-appointed Special Committee; order treated as open-ended, appeals dismissed

SEBI

2026 (1) TMI 1236

Personal liability of directors in regulatory proceedings: attachment challenge refused; pursue statutory appeal under SEBI Act

SEBI

2025 (12) TMI 1674

Market regulator prosecution over access to investigation report and inquiry materials; petition allowed, disclosure ordered with limited redactions

SEBI

2026 (3) TMI 158

Fraudulent trading requires cogent evidence; ordinary-course managerial withdrawals largely not recoverable, limited refunds ordered as applied.

IBC

2026 (3) TMI 157

Costs Imposition Requires Record-Based Reasons; unexplained monetary penalties on creditors for insolvency withdrawals were quashed.

IBC

2026 (3) TMI 156

Condonation of delay under Section 198 cannot extend the statutory appeal period under Section 61(2).

IBC

2026 (3) TMI 110

Limitation extension by acknowledgment enabled admission of the insolvency petition filed within the available limitation period.

IBC

2026 (3) TMI 109

Pre-existing dispute with documentary indicia can bar an operational creditor's insolvency petition; application may be rejected.

IBC

2026 (3) TMI 108

Transfer of winding up proceedings requires fresh IBC admission and meeting the applicable statutory threshold on conversion.

IBC

2026 (3) TMI 155

Liability of struck-off companies persists; legal representatives face estate-limited FEMA penalties, with courts able to reduce penalties for proportionality.

FEMA

2026 (2) TMI 1345

Section 6(4) FEMA protects only legitimately substantiated foreign funds; breach of foreign exchange rules found, penalty reduced.

FEMA

2026 (2) TMI 1344

Contravention under FEMA sustained on documentary nexus, penalties reduced and confiscation of un-surrendered foreign currency upheld.

FEMA

2026 (2) TMI 1283

Abetment liability: corroborated retracted statements and statutory presumption can shift burden, leading to conviction and reduced penalty.

FEMA

2026 (2) TMI 1215

Continuing corporate liability remains enforceable after striking off; directors remain liable but penalties may be mitigated.

FEMA

2026 (2) TMI 1214

Retracted statement admissibility upheld when voluntary and corroborated; confiscation under foreign exchange contravention affirmed, penalty moderated.

FEMA

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 393

Bid rigging in public tender bids-common IPs, call records and shared EMD led to s.3(3) breach upheld.

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 (1) TMI 1164

Use of Crystalline Durability Admixture in heavy infrastructure projects: nationwide market accepted, no dominance or anti-competitive conduct found, appeal dismissed

Law of Competition

2026 (1) TMI 1081

Abuse of dominance investigation notice requirement clarified: no initial notice if no prima facie case; informant need not be heard.

Law of Competition

2025 (12) TMI 1317

WhatsApp user data sharing for advertising and other non-essential purposes-clarification allowed requiring express, revocable opt-in/opt-out consent

Law of Competition

2026 (3) TMI 88

Attachment of equivalent property allowed when proceeds are untraceable; Covid exclusion extends the statutory time limit for confirmation.

Money Laundering

2026 (3) TMI 33

Proceeds of crime definition permits attachment of equivalent-value property where tainted assets are dissipated, subject to bona fide secured claims.

Money Laundering

2026 (3) TMI 154

Prima facie satisfaction under Section 45 PMLA may warrant bail where allegations are inferential and risks are mitigable by conditions.

Money Laundering

2026 (3) TMI 153

Provisional attachment of property as proceeds of crime upheld where possession, unexplained repayments and layering establish the requisite nexus.

Money Laundering

2026 (3) TMI 152

Proceeds of crime definition and valuation guide attachment of equivalent property; pandemic limitation exclusion preserves 180 day outer limit compliance.

Money Laundering

2026 (3) TMI 106

Reason to Believe under PMLA must be formed by the Adjudicating Authority, but recording and service are not statutorily required.

Money Laundering

2026 (3) TMI 29

Exemption compliance verification upheld; remand for documentary proof sustained and not a substantial question of law.

Service Tax

2026 (3) TMI 151

Extended limitation under the proviso to Section 73(1) requires positive evidence of fraud or concealment; absent that, demands are time barred.

Service Tax

2026 (3) TMI 150

Limitation defence absent from notice cannot sustain rejection of refund claims; orders set aside for deficient pleading.

Service Tax

2026 (3) TMI 105

Mutuality doctrine bars service tax on member receipts; amendments taxing non-members apply only prospectively, misclassified sponsorships unsustainable.

Service Tax

2026 (3) TMI 104

Business Auxiliary Service classification: IT operation and network management excluded from service tax; resulting demand time barred.

Service Tax

2026 (3) TMI 103

Cenvat credit admissibility: self-contained e-statements treated as invoice-equivalent, allowing credit for banking transaction charges.

Service Tax

2026 (3) TMI 149

Reversal of CENVAT credit satisfies neutralisation even if in excess, barring collection based recovery for inter unit transfers.

Central Excise

2026 (3) TMI 148

Conditional exemption breach: supply to DTA attracts duty and sustains penalty and extended limitation for duty-free inputs.

Central Excise

2026 (3) TMI 147

Burden of proof requires affirmative corroborative evidence; theoretical input output demands and confiscations set aside without such proof.

Central Excise

2026 (3) TMI 146

Cenvat refund scope: Rule 5 limited to physical exports; clarificatory Explanation 1(1A) applies retrospectively, excluding deemed exports.

Central Excise

2026 (3) TMI 102

Classification of printed paper: bound articles for further writing stay in the bound-article heading; loose printed forms fall under printed-matter headings.

Central Excise

2026 (3) TMI 101

Cenvat credit for specially designed vehicles upheld; credit allowed and related demand, interest and penalty cancelled.

Central Excise

2026 (3) TMI 9

Transfer of Property in Goods: fabricated components that become a distinct commodity are taxable as unspecified goods; embedded costs included.

VAT / Sales Tax

2026 (3) TMI 8

Limitation in Reassessment: reassessment after five years is barred and audit-only objections cannot sustain reassessment.

VAT / Sales Tax

2026 (3) TMI 145

Surcharge on VAT applies in addition to concessional tax for declared goods; levy valid where measured by tax payable.

VAT / Sales Tax

2026 (2) TMI 1265

Common Parlance Test and Essential Character Test govern beverage classification; product held a fruit drink attracting concessional VAT.

VAT / Sales Tax

2026 (2) TMI 1264

Settlement under Maharashtra Settlement Act prevents adjustment of earlier refunds; refund must be released with interest.

VAT / Sales Tax

2026 (2) TMI 1211

Attachment of third-party property invalid where transfer preceded attachment; sale may be registered without a tax NOC.

VAT / Sales 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

2024 (1) TMI 439

Section 16(1) intimations under Wealth Tax Act constitute orders subject to revision under Section 25

Wealth-tax

2026 (3) TMI 99

Intra-class discrimination in subordinate legislation remedied: private limited companies given same 'change in management' exemption; amendment not retrospective.

Indian Laws

2026 (3) TMI 98

Limitation and public servant complaints: cognizance valid when identity is established and investigative material supports prima facie case.

Indian Laws

2026 (3) TMI 87

Mandatory auction payment rules void confirmations for non payment; sale set aside and fresh auction ordered with refund.

Indian Laws

2026 (3) TMI 86

Substantive review powers cannot be created by executive direction; vesting orders remain final absent narrow statutory grounds for reopening.

Indian Laws

2026 (3) TMI 7

Surety discharge where creditor permits unauthorized variation - liability limited to obligations before the variance, not subsequent overdrafts.

Indian Laws

2026 (3) TMI 6

Contractual Prohibition on Interest prevents pre-award interest; post-award interest may be awarded but rate subject to judicial reduction.

Indian Laws


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