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Recent Case Laws

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2026 (5) TMI 58

Jurisdictional objection must be decided first before merits when audit and assessment are handled by the same officer.

GST

2026 (5) TMI 57

Conditional release of detained goods allowed pending revision, subject to payment and affidavit undertaking compliance with the final order.

GST

2026 (5) TMI 56

Ex parte GST assessment remitted for fresh adjudication after reply opportunity and conditional pre-deposit compliance.

GST

2026 (5) TMI 55

Conditional remand in tax appeal allows merits hearing on further deposit while factual input tax credit dispute is re-examined.

GST

2026 (4) TMI 1867

GST appeal limitation must account for rectification proceedings before dismissal as time-barred

GST

2026 (4) TMI 1866

Statutory appeal bars writ interference where no exceptional circumstances, jurisdictional defect, or prima facie vires issue is shown.

GST

2026 (5) TMI 54

Faceless reassessment notices and JAO competence: Supreme Court remits matters after retrospective tax amendments.

Income Tax

2026 (5) TMI 53

Rule 46A compliance requires AO confrontation and remand report before fresh evidence is used in appeal.

Income Tax

2026 (5) TMI 52

Section 14A disallowance cannot exceed exempt income; excess Rule 8D computation deleted as unsustainable.

Income Tax

2026 (5) TMI 51

Cross-examination in reassessment matters is essential when third-party statements form the sole basis of addition.

Income Tax

2026 (5) TMI 50

On-money from property sale must be taxed as capital gains consideration, not unexplained money under section 69A.

Income Tax

2026 (5) TMI 49

Foreign Tax Credit cannot be denied solely for late Form 67 filing where the claim is otherwise verifiable

Income Tax

2026 (4) TMI 807

Benami attachment and traced proceeds: wrong property description was curable, while bogus share premium remained attachable as property.

Benami Property

2026 (4) TMI 806

Benami proceedings survive criminal acquittal where fund flow and layering evidence support reasons to believe and provisional attachment.

Benami Property

2026 (4) TMI 805

Benami evidence can rely on income-tax search material when corroborated by documents, electronics, and supporting statements.

Benami Property

2026 (4) TMI 765

Benami attachment upheld on cumulative evidence, corroborated tax-search statements and no automatic right to cross-examination.

Benami Property

2026 (4) TMI 715

Sufficient cause for recall of ex parte orders rejected where repeated non-appearance was unexplained and additional documents could not be admitted.

Benami Property

2026 (4) TMI 1760

Benami law and retrospective penal provisions: SC declined review over attachment, confiscation, and Article 20(1) concerns.

Benami Property

2026 (5) TMI 31

Writ challenge to customs notices is premature; AIFTA verification does not bar statutory scrutiny of preferential duty claims.

Customs

2026 (5) TMI 30

Drawback recovery under repealed rules and penalties failed where the later saving clause was limited and confiscation lacked basis.

Customs

2026 (5) TMI 29

Country-of-origin proof and corroboration rules defeat customs demand based on unverified statements and electronic material.

Customs

2026 (5) TMI 28

Molybdenum goods classification turns on whether curved lamp parts remain sheet material or become articles of molybdenum.

Customs

2026 (5) TMI 27

Duty-paid diesel proof accepted on HPCL certificate, setting aside demand and interest for the disputed quantity.

Customs

2026 (5) TMI 26

Customs valuation and limitation rules require corroborated evidence for reassessment, confiscation, and duty recovery

Customs

2026 (4) TMI 1841

Former director prosecution needs specific allegations; vague complaints and a derivative look out circular cannot stand after quashing.

Companies Law

2026 (4) TMI 1753

Auditor's advisory remark and mechanical cognizance cannot sustain prosecution under the Companies Act

Companies Law

2026 (4) TMI 1679

SFIO investigation requires a lawful inspection report; persistent repayment default alone does not establish fraud or justify summons.

Companies Law

2026 (4) TMI 1678

Condonation of short delay in company petitions may rest on uncontroverted medical cause and preserved limitation principles.

Companies Law

2026 (4) TMI 1677

Condonation of short delay upheld where medical evidence supported the explanation and no perversity was shown.

Companies Law

2026 (4) TMI 1445

Continuing possession by a Liquidator upheld where premises remained relevant to an unfinished liquidation and prior identical relief failed.

Companies Law

2026 (4) TMI 878

Procedural objection raised too late, with no shown prejudice, led the Supreme Court to decline interference under Article 136.

SEBI

2026 (4) TMI 1752

Conditional directions for SEBI-linked funding: Supreme Court dismissed the petitions on request and granted liberty to proceed in law.

SEBI

2026 (3) TMI 1648

Fraudulent trading and minimum public shareholding breaches upheld; debarment reduced on proportionality, and appeals dismissed.

SEBI

2026 (3) TMI 1596

No ground to interfere with the tribunal order; the civil appeals were dismissed after delay was condoned.

SEBI

2026 (3) TMI 1380

Show-cause notice response time granted as Supreme Court dismisses appeal and leaves remaining merits open.

SEBI

2026 (3) TMI 1255

Promoter-group status and connected trading can support minimum public shareholding breach and fraudulent market conduct findings.

SEBI

2026 (5) TMI 21

Interim moratorium and guarantor liability under insolvency law: later Section 95 filing upheld, discharge plea rejected.

IBC

2026 (5) TMI 20

CIRP timelines and eligibility rules bar a delayed resolution plan from a non-listed prospective resolution applicant.

IBC

2026 (5) TMI 19

Debenture trustee authorisation upheld, while deposit direction against personal guarantors was set aside and shifted to the creditor.

IBC

2026 (5) TMI 18

Belated insolvency claims cannot disturb an approved resolution plan when filed after the prescribed timeline.

IBC

2026 (5) TMI 17

Personal insolvency repayment plan failure permits bankruptcy proceedings despite settlement proposals and quantum objections

IBC

2026 (4) TMI 1840

Limitation for insolvency claims runs from default date, and claim admission by the resolution professional is not acknowledgment.

IBC

2026 (5) TMI 16

Non-realisation of export proceeds: partial recovery efforts were insufficient, and penalty applied only where responsibility was proved.

FEMA

2026 (4) TMI 871

FEMA liability and discretionary penalty reduction: managing director remained liable, sleeping directors were exonerated, and penalty was scaled back.

FEMA

2026 (4) TMI 699

NRNR account contravention: prior violations remain punishable after omission, but confiscation needs recorded reasons.

FEMA

2026 (4) TMI 1802

Foreign exchange contravention upheld as unauthorised dealing was proved, but the penalty was reduced in partial relief.

FEMA

2026 (4) TMI 1668

False ODI declarations and lack of bona fide business use can justify FEMA seizure under Section 37A.

FEMA

2026 (4) TMI 1362

Foreign summary judgment and enforcement limits under Indian law when real adjudication and regulatory permission are absent

FEMA

2026 (4) TMI 801

Cartel evidence through emails upheld, with partner liability and penalty principles sustained under competition law.

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 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

2026 (5) TMI 15

Proceeds of crime analysis upheld for school building financed through tainted trust donations and linked unlawful activity.

Money Laundering

2026 (4) TMI 1667

Inherent criminal jurisdiction cannot replace revision, especially for belated omnibus challenges to distinct procedural orders.

Money Laundering

2026 (4) TMI 1595

Restitution from attached assets: court orders audit-cost allocation, website data transfer, and further asset seizure steps.

Money Laundering

2026 (4) TMI 1594

CBI report to be kept on record and circulated as Calcutta HC lists the matter for the next date

Money Laundering

2026 (4) TMI 1516

Provisional attachment under PMLA upheld as equivalent-value assets and prima facie laundering nexus were established.

Money Laundering

2026 (4) TMI 1439

Money-laundering proceedings may survive later inclusion of scheduled offences, and attachment stands without proof of lawful source of funds.

Money Laundering

2026 (5) TMI 9

Mutuality and taxable event services shape club service tax disputes, with mixed relief on limitation and activity-based liability.

Service Tax

2026 (5) TMI 14

Ex parte service tax adjudication set aside and remitted for fresh reply to the show-cause notice.

Service Tax

2026 (5) TMI 13

Job work treated as manufacture excludes service tax, and reimbursable expenses and penalties also fell with the demand.

Service Tax

2026 (5) TMI 12

Works contract billing is not trading or exempt service, so common input credit reversal under Rule 6 is unwarranted.

Service Tax

2026 (5) TMI 11

Residential construction services and limitation: tax demand failed where no suppression was proved and abatement had to be considered.

Service Tax

2026 (5) TMI 10

R&D Cess-linked service tax exemption depends on payment sequence, documentation, and compliance with notification conditions.

Service Tax

2026 (5) TMI 2

Trade discount excluded from assessable value absent proof of buyer-provided benefit or consideration flow

Central Excise

2026 (5) TMI 1

Extended limitation, area-based exemption and section 9D compliance govern central excise demand, evidence and penalty sustainability.

Central Excise

2026 (4) TMI 1825

Cross-examination and Section 9D compliance are mandatory before relying on investigation statements in excise adjudication.

Central Excise

2026 (4) TMI 1824

Cross-examination of material witnesses is essential when their statements support the demand; denial led to remand.

Central Excise

2026 (4) TMI 1823

Involuntary manufacturing waste is not excisable merely because it is marketable or sold for consideration.

Central Excise

2026 (4) TMI 1822

Broad Input Service Coverage and Limitation Rules allowed Cenvat credit on business-linked services, with demand time-barred

Central Excise

2026 (4) TMI 1654

Deemed rectification and delayed refund interest cannot be defeated by later void proceedings under sales tax law.

VAT / Sales Tax

2026 (4) TMI 1653

Works contract tax in joint development applies only to goods element for flat purchasers, not to land transfer value.

VAT / Sales Tax

2026 (4) TMI 1507

Tax recovery cannot proceed before service of demand orders; appeal time starts only after valid service.

VAT / Sales Tax

2026 (4) TMI 1502

Delayed VAT refund must carry statutory interest where excess tax is due and administrative excuses do not justify non-payment.

VAT / Sales Tax

2026 (4) TMI 1353

Entry tax on H.R. sheets and penalty issues remained undisturbed as delay was condoned and special leave dismissed.

VAT / Sales Tax

2026 (4) TMI 1352

Defective show cause notice defeats input tax credit reversal and penalty where the core factual basis was never addressed.

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 (4) TMI 1818

Reasonable time in tax assessments: prolonged unexplained delay after notice can invalidate assessments for unfair and arbitrary adjudication.

Indian Laws

2026 (4) TMI 1817

Recusal and apparent bias: connected rulings, interim observations, and remote allegations were held insufficient to show reasonable apprehension.

Indian Laws

2026 (4) TMI 1801

SARFAESI procedural non-compliance led to setting aside possession action, while contempt was closed for lack of tribunal jurisdiction.

Indian Laws

2026 (4) TMI 1652

Unilateral arbitrator appointment and estoppel in public tender contracts raised, with the Special Leave Petition dismissed.

Indian Laws

2026 (4) TMI 1651

No valid arbitration agreement means no jurisdiction; participation in proceedings does not cure the foundational defect.

Indian Laws

2026 (4) TMI 1580

Confirmed trades and agency liability: client and broker remained liable despite lack of prior written authorisation.

Indian Laws





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