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Recent Case Laws

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2026 (3) TMI 969

Statutory pre-deposit requirement prevents advance waiver; a writ for pre-filing dispensation is not maintainable and must be contested on appeal.

GST

2026 (3) TMI 968

Inclusion of tax component in turnover may trigger remand for fresh assessment; adjudicatory authority to re-examine evidence.

GST

2026 (3) TMI 967

Writ jurisdiction not to bypass statutory pre-deposit or re-open tax demands where hearing opportunity and appellate remedy exist.

GST

2026 (3) TMI 966

Biodegradability determination: concessional GST for biodegradable bags applies only if the goods are demonstrably biodegradable.

GST

2026 (3) TMI 902

Statutory appeal allowed to challenge final assessment orders within four weeks, subject to pending validity adjudication.

GST

2026 (3) TMI 901

Interim security limited to prima facie tax; bank guarantee stays for tax only and beneficiary changed to respondent no.3.

GST

2026 (3) TMI 965

Reopening of assessment limited where proceedings arise purely from an audit objection; reassessment requires evidential link to reasons.

Income Tax

2026 (3) TMI 964

Judicial review of Tribunal reversal: High Court affirmation of tax assessment sustained, appeals dismissed by highest court.

Income Tax

2026 (3) TMI 963

Cessation of Tax Settlement Commission: Interim Board filing limited to taxpayers meeting the statutory eligibility cut off; challenge dismissed.

Income Tax

2026 (3) TMI 962

Chapter VI-A deduction interaction: 80-HHC computed independently while 80-IA(9) caps aggregate deduction.

Income Tax

2026 (3) TMI 961

Withholding certificate applications must be decided under Rule 28AA with reasoned orders addressing losses, refunds and contested demands.

Income Tax

2026 (3) TMI 960

Invalidity of assessment order in name of non existent entity: order is void ab initio where Revenue knew of amalgamation.

Income Tax

2026 (3) TMI 263

Benami transaction: proceeds and post-amendment holdings treated as benami; fiduciary defence denied where personal benefit and control exist.

Benami Property

2026 (3) TMI 219

Limited grounds for review under Prohibition of Benami Act; without mistake or new evidence, voiding of IDS certificates denied.

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 (3) TMI 937

Confiscation and penalties under Customs law upheld based on consistent recorded statements and mobile forensic corroboration.

Customs

2026 (3) TMI 936

Certificate of origin verification prevents arbitrary imposition of additional bank guarantee; goods must be released on provisional bond.

Customs

2026 (3) TMI 935

Material misdeclaration principle: accepted transaction value precludes confiscation and related fines under customs law.

Customs

2026 (3) TMI 934

Classification under Heading 9804 requires dutiable importation for importer's personal use; commercial SEZ to DTA supplies excluded.

Customs

2026 (3) TMI 933

Foundational Findings must sustain disciplinary charges; absent supporting charges, consequential penalties cannot be maintained.

Customs

2026 (3) TMI 932

Misuse of Import Export Code upheld as rendering imports liable to confiscation; penalties sustained on admitted lending of IEC.

Customs

2026 (3) TMI 857

Appealability of Contempt Notices: initiation by notice is not appealable, while disclosure directions for forensic audit need no appellate interference.

Companies Law

2026 (3) TMI 665

Transmission of shares to legal heirs may be ordered interim on prima facie entitlement while reserving full title adjudication.

Companies Law

2026 (3) TMI 513

Interim preservation of property: status quo to be maintained and no new third party interests until the Company Petition is decided.

Companies Law

2026 (3) TMI 476

Reduction of Share Capital affirmed; court upheld tribunal findings rejecting procedural bias and perverse valuation.

Companies Law

2026 (3) TMI 475

Undertaking as going concern: isolated asset sale not requiring special resolution; SARFAESI sale upheld and purchaser deemed bona fide.

Companies Law

2026 (3) TMI 443

Look Out Circulars: quashed where necessity and proportionality fail, subject to cooperation and conditional safeguards.

Companies Law

2026 (3) TMI 856

Evidentiary Power: regulator and appellate forum may take and conduct evidence, but external enquiry reports not on record are inadmissible.

SEBI

2026 (3) TMI 855

Disclosure obligations in IPO prospectuses: non-interference affirmed, regulatory disclosure order and lower ruling left intact.

SEBI

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 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

2026 (3) TMI 926

De facto control and connected person analysis sustain Section 29A ineligibility; CIRP to continue with fresh Form G.

IBC

2026 (3) TMI 925

Presumption of service at furnished address negates non-service defence; concealment warrants dismissal and costs imposed.

IBC

2026 (3) TMI 924

Audi Alteram Partem: accepting a non party mention without notice breaches procedural fairness and mandates fresh hearing.

IBC

2026 (3) TMI 854

Interest entitlement in CIRP denied where claim lacked contractual or board resolution support and statutory substantiation was unmet

IBC

2026 (3) TMI 853

Novation and Consideration: failure to show valid novation or third party performance sustains operational creditor admission, with limited payment remedy.

IBC

2026 (3) TMI 852

Amendment of Form No.1 permitted where clarificatory and within limitation, with opportunity to reply to avoid prejudice.

IBC

2026 (3) TMI 923

Prolonged Delay in Adjudication reduces penalty despite corroborative evidence, resulting in partial allowance and mitigation of sanction.

FEMA

2026 (3) TMI 922

Civil penalty liability without mens rea affirmed, with proportionality reduction and pre-deposit adjustment in sanction.

FEMA

2026 (3) TMI 921

Unauthorized online forex derivatives trading triggers liability under FEMA, but mitigating factors can reduce the civil penalty imposed.

FEMA

2026 (3) TMI 851

Reasoned finding requirement for penalties in foreign exchange enforcement: absence of evidence-linked findings overturns penalty.

FEMA

2026 (3) TMI 661

Penalty enhancement under FEMA denied as adjudicatory discretion and recoverability considerations justify no interference with imposed penalty.

FEMA

2026 (3) TMI 204

Round-tripping: Offshore SPVs lacking bona fide activity used to raise funds and reinvest in India are treated as circumvention of FEMA norms.

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 920

Service of relied-upon documents: Adjudicating Authority must decide completeness and order supply with opportunity to reply.

Money Laundering

2026 (3) TMI 919

Provisional attachment and frozen funds: Adjudicating Authority is the forum for determination; limited salary payments may be permitted.

Money Laundering

2026 (3) TMI 918

Freezing of suspected proceeds: retention upheld where investigative material provides reason to believe; encumbrance not a bar.

Money Laundering

2026 (3) TMI 917

Provisional attachment under Prevention of Money Laundering Act upheld where documentary records and unexplained bank transfers establish proceeds of crime.

Money Laundering

2026 (3) TMI 916

Proceeds of Crime: property acquired before offences may be provisionally attached as equivalent value when statutory tests are met.

Money Laundering

2026 (3) TMI 850

Service of relied upon documents: electronic transmission is valid, and authority must supply additional relied documents and allow supplementary replies.

Money Laundering

2026 (3) TMI 915

Administrative Circular grounds: SLPs dismissed where an executive circular precluded relief, ending further challenge to the tax procedural issue.

Service Tax

2026 (3) TMI 914

Eligible Input Service: indirect support services qualify for CENVAT credit; export classification follows distinct establishments.

Service Tax

2026 (3) TMI 913

Reverse charge liability for cross border reimbursements requires proven receipt of specified services in India; absent that, no tax arises.

Service Tax

2026 (3) TMI 912

Extended Limitation cannot be invoked where department already knew facts; SCN based solely on third party data unsustainable.

Service Tax

2026 (3) TMI 911

Import of Services: electronically supplied software under high sea sales treated as taxable import where receipt occurs after levy.

Service Tax

2026 (3) TMI 910

Prospective application of tax Explanation excludes pre effective construction tax; reverse charge inapplicable to extended arm overseas branch.

Service Tax

2026 (3) TMI 909

Limitation bars retrospective duty claims where no suppression or recovery mechanism exists, nullifying demand and penalties.

Central Excise

2026 (3) TMI 908

Cenvat credit for CVD and SAD debited in DEPB scrips is allowable under amended policy and notifications.

Central Excise

2026 (3) TMI 907

Manufacture test: printing on customer supplied materials is not manufacture under central excise law, so excise demand unsustainable.

Central Excise

2026 (3) TMI 906

Trademark ownership determined on available evidence; absence of contrary proof secured SSI exemption entitlement for the brand owner.

Central Excise

2026 (3) TMI 905

Transportation and forwarding charges billed after removal from factory gate are excluded from assessable value for excisable goods.

Central Excise

2026 (3) TMI 904

Taxability of manufacturing waste: Dolochar from sponge iron is not an excisable manufactured good, so duty disallowed.

Central Excise

2026 (3) TMI 735

Condonation of delay granted; petition dismissed after reliance on an identical prior order and settled settlement computation.

VAT / Sales Tax

2026 (3) TMI 648

Monetary thresholds for tax appeals: a CBIC circular bars continuation of pending appeals where tax in dispute falls below the limit.

VAT / Sales Tax

2026 (3) TMI 647

Interest on tax refunds accrues from refund application date where Rule 42 approval delays payment, producing entitlement.

VAT / Sales Tax

2026 (3) TMI 586

Year-wise settlement scheme prevents cross-year refund adjustments; refund restored and subsequent year settlement must proceed without adjustment.

VAT / Sales Tax

2026 (3) TMI 473

Burden of Proof in Input Tax Credit requiring specified transaction particulars; remand directed to reassess under Supreme Court guidance.

VAT / Sales Tax

2026 (3) TMI 472

Admission of fresh evidence with alleged natural justice breach requires remand to the original authority for fresh evaluation and opportunity.

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 903

Natural justice breach: removal order invalidated for introducing fresh charges without notice; matter remitted for fresh hearing.

Indian Laws

2026 (3) TMI 836

Arbitrator appointment under a special statute excludes general appointment powers, so the specified central appointing scheme prevails.

Indian Laws

2026 (3) TMI 734

Supervisory jurisdiction: limited remand of valuation to DRT upheld while confirmed auction sale remains intact.

Indian Laws

2026 (3) TMI 733

Supervisory power does not permit cancellation of registered deeds; civil courts must decide validity except where fraud is apparent.

Indian Laws

2026 (3) TMI 585

Presumption of debt did not arise where cheques lacked particulars and relied documents were fabricated, so complaints quashed.

Indian Laws

2026 (3) TMI 584

Inherent jurisdiction cannot quash a cheque-bounce complaint where disputed facts and document authenticity require trial.

Indian Laws


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