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Recent Case Laws

View All
2026 (4) TMI 791

GST Rule 86A permits only blocking available input tax credit, not negative ledger balances or excess blocking.

GST

2026 (4) TMI 787

GST registration restoration after filing pending returns and paying dues may follow under Rule 22(4) compliance.

GST

2026 (4) TMI 786

Parallel GST adjudication barred on same subject matter, while summons may continue as investigative steps until adjudication begins.

GST

2026 (4) TMI 785

Regular bail in GST prosecution upheld where prolonged custody risked violating personal liberty and speedy trial rights.

GST

2026 (4) TMI 784

Section 74 misuse in GST demands fails without fraud evidence and no interest lies where credit was not utilised.

GST

2026 (4) TMI 783

Ex parte GST adjudication set aside and remanded where no effective reply opportunity was given and procedural objections were raised.

GST

2026 (4) TMI 778

Reassessment after Section 143(1) processing and project-linked interest income were both decided on settled tax principles.

Income Tax

2026 (4) TMI 777

Commercial expediency and actual write-off requirements govern advances and bad debt deductions; remand ordered for fresh factual scrutiny.

Income Tax

2026 (4) TMI 776

Replacement of machinery as current repairs requires proof it is not a capital asset; matter remanded for fresh scrutiny.

Income Tax

2026 (4) TMI 775

Law enforcement agency exception under circulars construed broadly, with DGCEI treated as covered and the Tribunal's view set aside.

Income Tax

2026 (4) TMI 774

Bogus purchase additions fail where primary evidence is unrebutted and revenue relies only on third-party material.

Income Tax

2026 (4) TMI 773

Trademark depreciation, section 14A and book profit computation: consistency and absence of exempt income defeated the disallowance.

Income Tax

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 386

Benami cash routed through controlled entities may remain attachable even after conversion into business assets and tax payment.

Benami Property

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 (3) TMI 1331

Benami property under PBPTA affirmed where trusts funded purchase and title stood in another's name for their benefit.

Benami Property

2026 (4) TMI 790

Substantial compliance for SAD refund under Notification 102/2007-Cus defeats denial based on invoice-format discrepancies.

Customs

2026 (4) TMI 764

Customs exemption for power generation projects denied where imported goods fell outside the entry and related captive plant exclusion applied.

Customs

2026 (4) TMI 763

Minimum Import Price for areca nut upheld as a lawful import restriction under foreign trade law and trade frameworks.

Customs

2026 (4) TMI 762

Use-based tariff classification governs motor vehicle compressor parts, while long-accepted classification cannot by itself trigger extended penalty proceedings.

Customs

2026 (4) TMI 761

Customs exemption for power-project goods turns on substantive end-use compliance, not mere procedural lapse under concessional duty rules.

Customs

2026 (4) TMI 760

Extended limitation and MEIS scrip validity: Customs could not invoke suppression or deny export incentives without DGFT cancellation.

Customs

2026 (4) TMI 617

Liquidation dividend distribution requires notice before recovery of excess payments and only proportionate reserves for pending claims.

Companies Law

2026 (4) TMI 537

Delay condoned, but no ground found to interfere with the High Court order; special leave petition dismissed.

Companies Law

2026 (4) TMI 536

Share transfer rights, meeting notice validity and non-compete obligations can bind a transferee under the joint venture framework.

Companies Law

2026 (4) TMI 535

Foreign company status under Companies Act depends on Indian business presence; jurisdiction issue remanded for fresh factual determination.

Companies Law

2026 (4) TMI 444

Restoration of struck-off company name turned on business continuity evidence and misappreciation of records; refusal was set aside.

Companies Law

2026 (4) TMI 443

Recorded satisfaction and locus standi are essential before ordering company investigation under Section 213(b).

Companies Law

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 (3) TMI 1086

Fraud and disclosure: post facto shareholder ratification cannot validate diversion of issue proceeds; regulatory penalties restored.

SEBI

2026 (3) TMI 1085

Appellate deference preserved; limited interim withdrawal allowed for urgent expenditure as exception while preserving tribunal enforceability.

SEBI

2026 (4) TMI 789

Section 7 insolvency admission upheld where the debtor's recovery claim was far below admitted liabilities and business viability was absent.

IBC

2026 (4) TMI 759

Pre-existing dispute bars insolvency admission where account reconciliation and liability were genuinely contested before the demand notice.

IBC

2026 (4) TMI 704

Bye-laws control the "same line of business" test for co-operative society investments under insolvency law.

IBC

2026 (4) TMI 703

Belated insolvency claim rejected for lack of proof and unverifiable dues under the CIRP claims process.

IBC

2026 (4) TMI 702

Strict insolvency limitation bars exclusion of belated writ-petition time, even where writ relief is declined for alternate remedy.

IBC

2026 (4) TMI 701

Limitation for Section 95 insolvency proceedings runs from effective guarantee invocation, not earlier default communications.

IBC

2026 (4) TMI 699

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

FEMA

2026 (4) TMI 531

Direct buyer-paid export commission need not form repatriable proceeds, and penalty fails without personal knowledge evidence.

FEMA

2026 (4) TMI 530

Retracted statements can support FEMA contravention when corroborated, while penalties may be reduced on equitable grounds.

FEMA

2026 (4) TMI 436

Export realisation and director liability under FEMA upheld where exporters failed to prove recovery steps or absence of knowledge.

FEMA

2026 (4) TMI 435

Foreign exchange contravention sustained where high sea sale documents failed to prove remittances were covered, reducing the penalty.

FEMA

2026 (4) TMI 434

Electronic records and corroborated retracted statements can support foreign exchange contraventions; penalty was reduced on appeal.

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 (4) TMI 788

Single-member PMLA Bench, limitation exclusion, and prima facie proceeds-of-crime link upheld for attachment confirmation.

Money Laundering

2026 (4) TMI 758

PMLA burden of proof and disclosure of lawful source upheld for frozen bank accounts and seized digital records.

Money Laundering

2026 (4) TMI 757

Personal share attachment under money-laundering law fails without material linking individuals to proceeds of crime.

Money Laundering

2026 (4) TMI 698

Money-laundering special court jurisdiction requires transfer of the scheduled offence when statutory committal under PMLA applies.

Money Laundering

2026 (4) TMI 697

Foreign direct investment and proceeds of crime: bank-account freezing was unjustified absent a proven laundering trail.

Money Laundering

2026 (4) TMI 612

Sanction under Section 197 CrPC not required where alleged money-laundering acts lack nexus with official duty.

Money Laundering

2026 (4) TMI 756

Alternative statutory remedy and natural justice objections were insufficient to justify writ interference; parties were relegated to appeal.

Service Tax

2026 (4) TMI 755

Service tax on venture capital trust rejected where fund was treated as a pass-through and mutuality applied.

Service Tax

2026 (4) TMI 696

Statutory limitation under Section 85(3A) barred further condonation once the appeal was filed beyond the extended period.

Service Tax

2026 (4) TMI 695

Reverse charge on foreign-agent services fails where services are rendered and received abroad, and specific classification prevails.

Service Tax

2026 (4) TMI 694

Retrospective service tax exemption rejected for residential housing construction; refund claim for the pre-exemption period failed.

Service Tax

2026 (4) TMI 693

Interconnection usage charges between internal divisions are not taxable without distinct service provider and recipient.

Service Tax

2026 (4) TMI 754

Assessable value cannot include non-essential bought-out items; extended limitation fails in a bona fide interpretative dispute.

Central Excise

2026 (4) TMI 691

Statutory limitation and non-condonable delay under Central Excise law upheld for an appeal filed beyond the maximum period.

Central Excise

2026 (4) TMI 690

Related-person valuation under excise law requires proof of price influence before rejecting transaction value and invoking Rule 9.

Central Excise

2026 (4) TMI 689

Computer-adjunct classification and manufacture analysis lead to Heading 8471 treatment for imported tablet devices.

Central Excise

2026 (4) TMI 688

Commission agent services qualify as input service for CENVAT credit where they are used for sales promotion and effecting sales.

Central Excise

2026 (4) TMI 687

Sales tax incentive under Goa NPV scheme not treated as additional consideration for excise valuation.

Central Excise

2026 (4) TMI 511

Functus officio bars post-disposal writ applications seeking review under the guise of clarification or rectification.

VAT / Sales Tax

2026 (4) TMI 510

Conditional stay of entry tax recovery granted pending second appeal, subject to further deposit and protection against coercive steps.

VAT / Sales Tax

2026 (4) TMI 144

Purposive interpretation of pottery exemption upheld for Board-approved earthen roofing tiles under the Kerala VAT scheme.

VAT / Sales Tax

2026 (3) TMI 1625

Entry tax exemption for Special Economic Zone imports was upheld for goods used in authorised operations.

VAT / Sales Tax

2026 (3) TMI 1624

Pre-deposit compliance and recovery stay: coercive recovery held in abeyance until the pending application is decided.

VAT / Sales Tax

2026 (3) TMI 1586

Rectification rejection under the Karnataka VAT Act is not appealable where Section 69 deeming fiction applies only after amendment.

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 753

Appeal maintainable where tribunal acted under appealable provision; without-prejudice impleadment upheld to preserve substantive rights.

Indian Laws

2026 (4) TMI 752

Bank amalgamation under Section 45 upheld: depositor classification, staggered repayment and interest treatment found lawful.

Indian Laws

2026 (4) TMI 669

Cheque presentation period and stale-instrument dishonour under the Negotiable Instruments Act: liability and vicarious liability were not made out.

Indian Laws

2026 (4) TMI 602

Company arraignment is mandatory before prosecuting directors for cheque dishonour under the Negotiable Instruments Act.

Indian Laws

2026 (4) TMI 601

Security cheques can attract Section 138 when a legally enforceable loan debt exists on presentation and remains unpaid.

Indian Laws

2026 (4) TMI 509

Section 139 presumption in cheque dishonour complaints cannot be rebutted at the process stage; liability must be tried on evidence.

Indian Laws





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