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Recent Case Laws

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2026 (11) TMI 218

Interest on delayed sales tax refunds raises rate questions after VAT commencement, alongside merger of corrected assessments.

GST

2026 (11) TMI 217

Retrospective duty drawback circulars and interest on refunded drawback raise issues of fairness, purposive construction and contemporanea expositio.

GST

2026 (11) TMI 216

Anticipatory bail in input tax credit investigation brings interim protection from coercive steps, subject to joining the investigation.

GST

2026 (11) TMI 215

E-way bill requirements did not apply during the relevant period for a transaction subject to GST penalty proceedings.

GST

2026 (11) TMI 214

Show cause notice reply deadlines must precede personal hearings; scheduling both together breaches the prescribed procedural requirement.

GST

2026 (11) TMI 213

GST late filing penalties are unjustified when statutory late fees are paid and no deliberate delay is found.

GST

2026 (11) TMI 202

Borrowed satisfaction in reopening proceedings involving expenses linked to allegedly bogus purchases leads to petition dismissal on merits.

Income Tax

2026 (11) TMI 201

Revenue appeal monetary limits apply where information comes from the Sales Tax Department, notwithstanding the law enforcement agency exception.

Income Tax

2026 (11) TMI 200

Draft assessment orders protect objections to prejudicial transfer-pricing adjustments; final assessments without mandatory service lack jurisdiction.

Income Tax

2026 (11) TMI 199

Interest on enhanced acquisition compensation forms part of land value, while delayed-payment interest compensates for payment delays.

Income Tax

2026 (11) TMI 198

Expenditure disallowance for exempt income does not apply when no exempt income is earned during the assessment year.

Income Tax

2026 (11) TMI 197

Infrastructure developer deduction applies where an enterprise invests in and executes eligible infrastructure projects while assuming entrepreneurial risks.

Income Tax

2026 (11) TMI 79

Benami law amendments apply retrospectively to confiscation machinery, while new offences and enhanced punishments apply only prospectively.

Benami Property

2026 (10) TMI 2040

Benami property tests: corroborated ownership evidence supports attachment despite later retraction and unverified funding claims.

Benami Property

2026 (10) TMI 2039

Benami transaction proof requires a demonstrated funding nexus and beneficial interest; otherwise provisional attachment cannot be confirmed.

Benami Property

2026 (10) TMI 1792

Unchallenged settlement deeds confer absolute title, enabling valid testamentary disposition and defeating partition claims based on unproven benami allegations.

Benami Property

2026 (10) TMI 1697

Benami cash deposits through another's bank account remain benami despite prompt banking-channel return, while attachment is limited.

Benami Property

2026 (10) TMI 1651

Pleading-stage scrutiny remains confined to plaint averments, leaving will validity and benami character for trial.

Benami Property

2026 (11) TMI 165

Monetary limits on departmental appeals raise maintainability questions where no excess over the prescribed threshold is claimed.

Customs

2026 (11) TMI 164

Countervailing duty refunds depend on rebutting presumed pass-through using invoices, accounting records and a chartered accountant's certificate.

Customs

2026 (11) TMI 163

Customs pre-deposit refund interest cannot exceed the notified rate, preventing enhancement beyond the applicable statutory interest prescription.

Customs

2026 (11) TMI 162

Personal penalties for fraudulent exports require deliberate abetment by customs officers, not mere negligence or administrative oversight.

Customs

2026 (11) TMI 161

Extended customs limitation cannot rest on departmental inaction where known import facts show no collusion, wilful misstatement or suppression.

Customs

2026 (11) TMI 160

Specific tariff entries govern classification of split air conditioners incorporating refrigerating units, taking precedence over generic entries.

Customs

2026 (11) TMI 73

Dissolved companies cannot maintain declaratory and injunctive suits outside preserved statutory purposes unless their legal status is restored.

Companies Law

2026 (11) TMI 155

Contempt appeals under the Contempt of Courts Act cannot challenge petition dismissal without punishment in company bank-account disputes.

Companies Law

2026 (10) TMI 2033

SFIO investigation orders survive FIR quashing when broader fraud allegations provide relevant grounds for Central Government review.

Companies Law

2026 (10) TMI 2032

Finalised valuation challenges remain barred by res judicata when prior objections were conclusively determined and implementation liberty is limited.

Companies Law

2026 (10) TMI 1878

Wrongful withholding by company director: challenge to notice order fails, leaving criminal proceedings pending intact.

Companies Law

2026 (10) TMI 1577

Liquidation asset-disclosure powers support summons of former directors and require renewed e-bidding after technical failures.

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 1675

Statutory appellate remedy for interim securities restrictions takes priority over writ jurisdiction, preserving objections before the designated appellate forum.

SEBI

2026 (10) TMI 647

Director Liability for Regulatory Refunds Survives Resignation When Tenure Overlaps Investor Fund Mobilisation and Final Recovery Directions

SEBI

2026 (10) TMI 646

Inspection rights in regulatory proceedings exclude electronic material outside the record and not relied upon

SEBI

2026 (10) TMI 402

Finality of unchallenged adjudication orders preserves recovery of fees collected through unregistered investment advisory services after appellate challenge fails.

SEBI

2026 (10) TMI 319

Suspected cross-segment price manipulation supports interim market restraints and joint and several impounding of gains pending investigation.

SEBI

2026 (11) TMI 72

Borrower debt acknowledgments can extend limitation against a guarantor when the guarantee makes those acknowledgments binding.

IBC

2026 (11) TMI 71

Security deposit appropriation dates may be verified through a limited forensic audit when creditors provide conflicting insolvency-related timelines.

IBC

2026 (11) TMI 154

Creditor insolvency applications against personal guarantors: locus, maintainability and limitation objections are decided after the resolution professional's report.

IBC

2026 (11) TMI 153

MSME revival protection requires substantiated status and prescribed procedure; unsupported claims do not bar insolvency proceedings for debt and default.

IBC

2026 (11) TMI 152

Recall jurisdiction cannot rehear resolution plan merits or grant fresh declarations concerning unadjudicated property attachment rights.

IBC

2026 (11) TMI 151

Pre-existing operational debt disputes bar insolvency proceedings even when a debtor provides no timely detailed demand notice reply

IBC

2026 (10) TMI 979

Corroborated retracted statements support foreign-exchange liability, while unquantified contraventions require proportionate monetary penalties based on proved circumstances.

FEMA

2026 (10) TMI 804

Conflict-of-interest qualifying conditions extend uniformly to borrowers, subsidiaries and associates of a credit rating agency's promoter.

FEMA

2026 (10) TMI 2030

Saved FERA penal proceedings remain subject to criminal appellate jurisdiction despite FEMA's separate appellate framework.

FEMA

2026 (10) TMI 1498

Roster allocation for foreign-exchange adjudication writ petitions places them in the revenue-and-tax group, not the residuary group.

FEMA

2026 (10) TMI 1308

Reasoned adjudicatory orders require disclosed evidence and reasons, requiring fresh adjudication where a penalty finding lacks support.

FEMA

2026 (10) TMI 1080

Foreign-exchange contraventions require proven seizure, admissible records, and corroborated voluntary statements before statutory presumptions or burden shifting can operate.

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 (11) TMI 67

Proceeds of crime attachment continues where claimed income and property sale proceeds lack evidence and cash deposits remain unexplained.

Money Laundering

2026 (11) TMI 150

Money-laundering proceedings based solely on a predicate criminal case cannot survive its quashing but may be revived.

Money Laundering

2026 (11) TMI 149

Prior hearing before criminal investigation is not ordinarily required when writ proceedings direct registration and investigation of a cognizable offence.

Money Laundering

2026 (11) TMI 10

Default bail remains unavailable after cognizance is set aside for lack of a hearing if the complaint was timely filed.

Money Laundering

2026 (10) TMI 2029

Women accused of money laundering may seek regular bail without statutory twin conditions when prolonged custody makes trial unlikely.

Money Laundering

2026 (10) TMI 1871

Regular bail follows prolonged pre-trial custody where cognizance is pending and trial delay is likely.

Money Laundering

2026 (11) TMI 148

Residential construction tax distinguishes independently contracted houses from complexes and permits conditional abatement for flats with land interests.

Service Tax

2026 (11) TMI 147

Reverse charge on construction-related payments requires proof of taxable services, while exemptions and limitation restrict service tax liability.

Service Tax

2026 (11) TMI 146

Mining service classification depends on the nature of work, while composite labour and goods contracts fall under works contract services.

Service Tax

2026 (11) TMI 145

Cenvat credit for manpower services remains available when recipients meet payment and documentation requirements despite providers' tax non-remittance.

Service Tax

2026 (11) TMI 144

Extended limitation for service tax requires deliberate withholding, not mere mismatches in disclosed accounts and returns.

Service Tax

2026 (11) TMI 143

Reverse-charge liability for subcontracted services remains, but revenue neutrality can bar extended limitation and suppression penalties.

Service Tax

2026 (11) TMI 140

CENVAT credit for supplies to SEZ developers extends to earlier supplies, with the related demand and penalties removed.

Central Excise

2026 (11) TMI 139

Cenvat credit on processed inputs remains available when suppliers manufacture distinct packaging materials from laminated sheets.

Central Excise

2026 (11) TMI 138

CENVAT credit for co-generation plant renovation remains available, while disclosed chimney works credit faces demand within the normal limitation period.

Central Excise

2026 (11) TMI 137

Corporate identity labels on non-commercial garment samples do not make them branded goods liable to excise duty.

Central Excise

2026 (11) TMI 136

Excise clearance clubbing requires evidence of a dummy unit; orders and payments for a separate firm are insufficient.

Central Excise

2026 (11) TMI 135

Investigation deposits made under protest attract compensatory interest from deposit until refund, without the duty refund waiting period.

Central Excise

2026 (11) TMI 3

Revisional scrutiny of commercial-tax evasion convictions excludes routine reappraisal of concurrent findings and focuses on recognised errors.

VAT / Sales Tax

2026 (11) TMI 134

Form C photocopies cannot support concessional central sales tax treatment without compliance with the prescribed duplicate declaration procedure.

VAT / Sales Tax

2026 (11) TMI 133

Input tax credit restrictions for inter-State sales turn on specified goods, while earlier rules depend on purchase tax liability.

VAT / Sales Tax

2026 (11) TMI 132

Excess transitional credit claims do not themselves create VAT liability, while wrongly availed credit remains subject to GST action.

VAT / Sales Tax

2026 (10) TMI 2019

Pre-GST ITC set-off takes priority over transitional credit declarations, while excess transitioned credit remains subject to GST verification.

VAT / Sales Tax

2026 (10) TMI 1946

Composition-scheme cancellation requires evidence that the dealer itself made prohibited inter-State purchases, not unsupported inferences from ledger entries.

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

2026 (10) TMI 955

Independent fiscal offences permit prosecution for delayed returns or knowingly false tax statements without prior assessment or quantified evasion.

Wealth-tax

2026 (10) TMI 3

Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.

Wealth-tax

2026 (11) TMI 56

Anticipatory bail in commercial disputes protects against arrest while limiting tax reporting directions in the absence of compelling circumstances.

Indian Laws

2026 (11) TMI 2

Unlicensed money lending can leave promissory-note loans unenforceable and affect cheque dishonour proceedings, depending on the statutory bar.

Indian Laws

2026 (11) TMI 1

Judicial review of audit misconduct findings does not permit evidence reassessment merely because another view is possible.

Indian Laws

2026 (10) TMI 2018

Disproportionate assets shift the evidential burden to public servants to explain unexplained wealth through reliable supporting records.

Indian Laws

2026 (10) TMI 1855

Earnest-money shortfalls do not invalidate secured-asset auctions where bids fulfil their purpose and cause no prejudice.

Indian Laws

2026 (10) TMI 1854

Cheque dishonour presumptions require a probable defence; unsupported security-cheque and alteration claims cannot displace liability.

Indian Laws


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