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Recent Case Laws

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2026 (9) TMI 1369

Advocate-client privilege does not bar GST searches, but safeguards must protect unrelated client communications and relevant cloned data.

GST

2026 (9) TMI 1368

Time-Barred Refund Claims Must Be Processed When Binding Precedent Applies to Airport Duty-Free Outlet Taxes.

GST

2026 (9) TMI 1365

Identity of liability governs parallel GST proceedings; common supplier and period alone do not trigger the statutory bar.

GST

2026 (9) TMI 1364

Statutory appellate remedy governs Order-in-Original challenges, while jurisdictional objections and factual merits remain for appellate determination.

GST

2026 (9) TMI 1363

GST writ jurisdiction yields to statutory appeals absent patent jurisdictional error, leaving factual and limitation issues for appellate review.

GST

2026 (9) TMI 1362

GST reimbursement for post-GST contracts must be assessed under the applicable notification provision, not provisions confined to pre-GST contracts.

GST

2026 (9) TMI 1370

Delayed audit-report filing cannot defeat charitable exemption when the prescribed form is furnished during appellate proceedings and delay is condonable.

Income Tax

2026 (9) TMI 1348

Employee stock option expenditure and pre-amendment share valuations remain allowable where later Merchant Banker certification requirements did not apply.

Income Tax

2026 (9) TMI 1347

Specific condonation scheme for Section 80P claims overrides general guidance, supporting relief where audit delays caused genuine hardship.

Income Tax

2026 (9) TMI 1346

Reassessment notice validity returns for fresh consideration after statutory amendment prompts recall and preserves interim protection.

Income Tax

2026 (9) TMI 1345

Amended reassessment provisions permit renewed challenges after prior disposal, with temporary protection continuing while fresh proceedings are initiated.

Income Tax

2026 (9) TMI 1344

Recall of writ proceedings permits a fresh statutory challenge while existing protection continues for a limited period.

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 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 818

Benami property attachment sustained where alleged loan consideration lacked credible proof, traceable lenders, and explained funding sources.

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 1367

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

Customs

2026 (9) TMI 1299

Advance Authorisation exemption permits natural-rubber imports despite port restrictions after approval to exit the EOU Scheme.

Customs

2026 (9) TMI 1298

Binding tariff-classification precedent requires quashing show-cause notices that repeat allegations already settled by coordinate-bench rulings.

Customs

2026 (9) TMI 1297

Shipping-bill amendment applications require timely statutory consideration where maintainability and limitation objections remain undecided by customs authorities.

Customs

2026 (9) TMI 1296

Animal-feed preparation classification places vitamin and enzyme premixes within the dedicated feed-preparation tariff heading where exclusively formulated.

Customs

2026 (9) TMI 1295

Customs-smuggling abetment penalties remain sustainable when corroborated statements establish control and participation, though excessive penalties may be reduced.

Customs

2026 (9) TMI 896

Section 230 compromise period may be extended where changed creditor circumstances support value maximisation and corporate revival.

Companies Law

2026 (9) TMI 747

Partnership dissolution requires liquidation or market-value settlement, preserving an outgoing partner's asset share beyond dissolution-date valuation.

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 1043

Limitation for dividend-transfer offences barred delayed prosecution, while prolonged inactivity made continued criminal proceedings unwarranted.

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 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 1288

Resolution applicant eligibility survives pending money-laundering proceedings, while creditors' commercial judgment limits review of an approved insolvency plan.

IBC

2026 (9) TMI 1287

Continuing guarantees survive revised repayment arrangements, enabling personal insolvency proceedings despite quantum disputes and third-party payment arrangements.

IBC

2026 (9) TMI 1286

Security Interest Requires Consent: lease clauses and statutory recovery mechanisms do not confer secured-creditor status for lease arrears.

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 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 (8) TMI 165

Proof of actual software receipt is required for foreign-exchange remittances; authorised company officers remain liable without due diligence.

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 1283

Original works valuation and evidence-based service tax demands limit differential tax and penalty exposure in works contracts.

Service Tax

2026 (9) TMI 1214

Composite residential construction contracts before works-contract taxation were outside service tax where goods and services could not be segregated.

Service Tax

2026 (9) TMI 1213

Revenue neutrality defeats reverse-charge service-tax demands when the same tax is fully available as CENVAT credit.

Service Tax

2026 (9) TMI 1125

Mandatory verification under the Sabka Vishwas Scheme requires reconsideration of conflicting payable amounts based on complete documentary evidence.

Service Tax

2026 (9) TMI 1124

Service-tax treatment of trading and hostel rentals excludes sales and residential-dwelling rent from taxable services.

Service Tax

2026 (9) TMI 1123

Service tax reconciliation requires verification of corrected challans and customer advances before fresh adjudication of receipt-reporting differences.

Service Tax

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 1212

CENVAT credit on concessional CVD remains available for imported coal because customs-notification rates retain excise-duty equivalence.

Central Excise

2026 (9) TMI 1211

Admissibility of investigation statements and electronic records determines whether alleged clandestine excise clearances can support duty demands.

Central Excise

2026 (9) TMI 1210

Cenvat credit rules exclude bagasse-based electricity demands where bagasse is agricultural residue and proportionate credit reversal is made.

Central Excise

2026 (9) TMI 1209

Revenue-neutral inter-unit excise transfers defeat differential duty demands and bar extended limitation where valuation details are disclosed.

Central Excise

2026 (9) TMI 1208

Amortised tooling value governs excise valuation, while separately sold tooling does not receive captive consumption exemption.

Central Excise

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 (9) TMI 1106

Composition-scheme eligibility survives belated revised returns when finally determined taxable turnover remains below the prescribed threshold.

VAT / Sales Tax

2026 (9) TMI 1036

Commodity classification requires distinct tariff treatment where Furnace Oil and Light Diesel Oil differ materially in identity and use.

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 732

GST reimbursement for pre-GST contracts survives tax-inclusive tender clauses where later tax burdens are verified and comparable contractors receive relief.

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


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