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Recent Case Laws

View All
2025 (10) TMI 489

Rule 86-A of CGST Rules cannot block future or non-existent Input Tax Credit; blocking notice quashed

GST

2025 (10) TMI 488

Section 93 CGST does not authorize determination or recovery from a deceased person or heirs without notice to legal representative

GST

2025 (10) TMI 487

Section 79(1)(a) CGST permits recovery from taxpayer electronic credit ledger after assessed demand and nonpayment

GST

2025 (10) TMI 486

Adjudication order quashed for natural justice breach; noticee's reply ignored, hearings not fixed; conditional reinstatement on Rs.8,17,000 deposit

GST

2025 (10) TMI 485

Claimants entitled to 6% statutory interest on delayed refund after 60 days; 9% applies only in limited post-appeal scenarios

GST

2025 (10) TMI 484

Order sets aside GST registration cancellation and dismissal for delay; petitioner to add bank details under Rule 10A for revocation

GST

2025 (10) TMI 480

Special leave petition dismissed: penalty proceedings cannot be sustained when original assessment order has been set aside

Income Tax

2025 (10) TMI 479

Freight and logistics receipts not taxable as FTS or FIS under domestic law or India-USA DTAA; tax addition deleted

Income Tax

2025 (10) TMI 478

Competent Authority's recorded satisfaction upheld as meeting Section 151A for reopening assessment; ITAT order set aside, appeal dismissed

Income Tax

2025 (10) TMI 477

Transfer pricing adjustments under CBDT-approved APA bind parties; ALP income qualifies for Section 10AA exemption; Section 14A disallowance set aside

Income Tax

2025 (10) TMI 476

Assessment upheld under s.143(3) read with s.144C(13); s.92CA(1) reference valid; s.9 and Article 7 applied, CUP rejected

Income Tax

2025 (10) TMI 475

Disallowance of commission payments and section 40(1)(ia) TDS additions deleted after payer proved payments and TDS records

Income Tax

2025 (9) TMI 1423

Benami finding upheld, provisional attachment of land confirmed; nominee purchase and Rs.15,10,000 payment show true beneficial ownership

Benami Property

2025 (9) TMI 1422

Statements recorded under s.19(1) on oath at seizure admissible; benami finding under s.2(9)(c) upheld, appeal dismissed

Benami Property

2025 (9) TMI 1229

Appeal dismissed and attachment under s.24(4)(a)(i) upheld for unexplained funds, large cash deposits, and benami use

Benami Property

2025 (9) TMI 1228

PBPTA attachment upheld; transactions held benami under s.2(9A), appeal dismissed for lack of evidence amid demonetisation-era suspicions

Benami Property

2025 (9) TMI 1177

Provisional attachment under Section 24(4)(b) of Benami Transactions Act upheld; transaction held under Section 2(9)(d); appeal dismissed

Benami Property

2025 (9) TMI 1176

Tribunal overturns benami finding: insufficient evidence; allotment and transfers bona fide; stamp duty not consideration

Benami Property

2025 (10) TMI 462

Ex parte adjudication set aside; appeal remanded for de novo hearing after denial of cross-examination and unreliable electronic records

Customs

2025 (10) TMI 461

Admissibility of s.108 statement rejected for non-compliance with s.138B; r.5 valuation redetermination overturned and appeal allowed

Customs

2025 (10) TMI 460

Appeal dismissed for default under Rule 20 after repeated non-appearance and failure to show sufficient cause

Customs

2025 (10) TMI 459

Rs.1,00,000 penalty under s.117 upheld for courier mis-declaration; matter remanded for s.114 and Regulation 13 adjudication

Customs

2025 (10) TMI 402

Section 47 clearance upheld; sixth respondent violated procedures and natural justice in treating Pakistani-origin imported dry dates as prohibited

Customs

2025 (10) TMI 401

Sections 3 and 5, FTP paras 1.02 and 2.01 uphold government's power to reclassify roasted areca nuts, impose import prohibition

Customs

2025 (9) TMI 1475

Winding-up petitions transferred under Section 434(1)(c) of Companies Act, 2013 for consolidated adjudication; parties allowed to seek transfer

Companies Law

2025 (10) TMI 332

Appeal allows setting aside waiver of s.244(b) membership threshold; applicants lacked membership to invoke proviso to s.244

Companies Law

2025 (10) TMI 185

Section 454 is continuing offence, prosecution failed to prove wilful default or records under Section 106; accused acquitted

Companies Law

2025 (10) TMI 184

Winding-up petitions against company transferred to NCLT under Section 434(1)(c) to consolidate creditor claims and ensure effective adjudication

Companies Law

2025 (10) TMI 13

Restoration petition dismissed where appellants had withdrawn, accepted settlement, and revival would be futile and raise new issues

Companies Law

2025 (10) TMI 127

Revival of insolvency proceedings ordered and transferred for CIRP under Section 434(1)(c) to protect creditors' interests

Companies Law

2025 (9) TMI 762

Revision dismissed; regulatory findings don't bar prosecution absent clear innocence; prima facie evidence supports trial under Section 27(1) SEBI Act

SEBI

2025 (9) TMI 339

Jurisdiction to supervise Special Committee; embargo on ex-management payments remains; prioritize individual investors, transfer unclaimed funds to Investor Protection Fund

SEBI

2025 (9) TMI 1168

Appeal dismissed; disclosure of ongoing SEBI investigation withheld under Section 8(1)(h) to protect evidence and markets

SEBI

2025 (9) TMI 1001

Penalty set aside as SECC Regulations 2012 and 2018 held inapplicable where subsidiaries, not the exchange, made investments

SEBI

2025 (8) TMI 1355

Appeal dismissed challenging liability for accepting deposits and issuing debentures without filing offer documents; director joined after relevant period

SEBI

2025 (8) TMI 1234

Cancellation of portfolio manager registration for failing annual certificates and NIL reports; Regulation 33 and Schedule II invoked

SEBI

2025 (10) TMI 458

Appellants have locus; remittal nullified prior approval; CoC must reassess SRA changes, RA eligibility under Section 27

IBC

2025 (10) TMI 276

Admission of Section 9 petition set aside where pre-existing civil suit and plausible defense exist under Sections 8-9 and Mobilox

IBC

2025 (10) TMI 126

Refusal to transfer leasehold factory units upheld where outstanding property tax is statutory charge; purchaser takes subject to encumbrances

IBC

2025 (10) TMI 125

Bank cannot retain corporate debtor's fixed deposit for unrelated group's debts; release Rs 27.60 crore with interest

IBC

2025 (10) TMI 124

Appeal dismissed for repeated non-appearance; lack of due diligence under NCLT Rule 48(2) bars restoration and condonation

IBC

2025 (10) TMI 115

IRP's request to monetize units refused due to unvalidated building plan; I.A.4215/2025 denied; I.A.7682/2024 disposed with IRP statement no cancellations

IBC

2025 (9) TMI 1540

Department failed to prove Section 3(a) FEMA 1999 contravention for foreign exchange remittance; penalties set aside, appeals allowed

FEMA

2025 (9) TMI 1222

Full waiver of pre-deposit denied; appellant must deposit 25% of penalty after evidence of Rs.12.9 crore receipt

FEMA

2025 (10) TMI 71

Violations of Section 9(1)(b) and 9(1)(d) upheld; voluntary confession relied on, penalty cut to Rs5L, Rs21.8L confiscated

FEMA

2025 (10) TMI 398

Additional eight-week chance to pay pre-deposit granted due to age and health; no further extensions; stay conditional

FEMA

2025 (10) TMI 183

Penalty under Section 50 not applicable; exporters allowed to write off unrealised export bills under Section 18(1)(a), 18(2), 18(3)

FEMA

2025 (10) TMI 182

Appeal partly allowed: s.6(3) omission effective 15.10.2019; FEMA penalty reduced to Rs.7,50,000; s.13(2) confiscation set aside

FEMA

2025 (9) TMI 817

Challenge to CCI order under Section 26(1) dismissed; Section 26(2-A) doesn't bar investigations into distinct complaints

Law of Competition

2025 (9) TMI 680

Appeal dismissed as plea to impose penalties on two companies deemed unsustainable and inconsistent, lacking any merit

Law of Competition

2025 (9) TMI 1640

Commission findings and order restored; 10.06.2015 notice and DG report valid under Section 48; no second show-cause needed

Law of Competition

2025 (9) TMI 1090

Appellants found cartelised and bid-rigged soil testing tenders; breaches of ss.3(1), 3(3)(c),(d); s.27(a) upheld, s.27(b) penalty cut to 3%

Law of Competition

2025 (10) TMI 275

Notification channelising beach sand exports via designated agent not a trade ban; Section 4 inapplicable, Section 26(2) closure upheld

Law of Competition

2025 (10) TMI 274

Competition authority upholds bid-rigging finding in soil-testing tenders; penalties affirmed under Sections 3(3)(c), 3(3)(d) read with 3(1)

Law of Competition

2025 (10) TMI 331

Refusal to quash PMLA cognizance; transactions through bank not automatically "proceeds of crime" under s.2(1)(u)

Money Laundering

2025 (10) TMI 273

Prima facie bail refused; Section 66(2) PMLA mandates sharing materials, parallel FIRs and charge sheets may proceed independently

Money Laundering

2025 (10) TMI 272

Appeal allowed; bail granted under Sections 3 and 4 PMLA after over four years' incarceration, anticipatory bail cancellation set aside

Money Laundering

2025 (10) TMI 271

Special leave petition dismissed against refusal to hear Article 226 writ challenging PMLA provisional attachment; appellate remedy allowed

Money Laundering

2025 (10) TMI 270

Alleged money-laundering purchaser granted bail after prolonged detention; bail set at Rs.10,000 plus two sureties

Money Laundering

2025 (10) TMI 269

Regular bail granted under Section 45 PMLA to septuagenarian accused in alleged illegal sand mining money-laundering case

Money Laundering

2025 (10) TMI 457

Petition remanded to Adjudicating Authority to decide whether electricity charges are liable to service tax within three months

Service Tax

2025 (10) TMI 456

Service tax demand dropped for 2012-2015 on group cross-charges; debit entries treated as internal chargebacks, not manpower supply

Service Tax

2025 (10) TMI 455

Reimbursements for forms, stamps, xerox and customs exam not taxable; Rule 5(1) struck down, Rule 5(2) ineffective

Service Tax

2025 (10) TMI 454

Service tax cannot apply to tenancy-related deposit or security refunds; demand, extended limitation and penalties set aside

Service Tax

2025 (10) TMI 453

Appellants entitled to CENVAT credit for excess reverse charge service tax under Rule 3(1) CCR 2004 despite invoice name issues

Service Tax

2025 (10) TMI 452

Forfeited sums are penal, not taxable consideration under s.66E(e); prior guidance and agreement flow must be shown

Service Tax

2025 (10) TMI 450

Appeal allowed: Cenvat credit payments predated Section 73(4A) proceedings, 1% penalty indicated settlement, Rule 9(1)(bb) disallowance unsustainable, interest recovery dropped

Central Excise

2025 (10) TMI 449

Refund claim for differential duty and interest denied where CENVAT Credit Rules, 2004 applied and liability not appealed

Central Excise

2025 (10) TMI 390

Appeal dismissed: negligible SKO intermixed during continuous pipeline transport does not defeat central excise exemption for PDS goods

Central Excise

2025 (10) TMI 389

Appeal allowed: duty, interest and penalties vacated; exports under Duty Drawback/DEPB and Notification No.30/2004 not require CENVAT reversal

Central Excise

2025 (10) TMI 388

Duty demand, interest and penalty set aside as show-cause notice held time-barred due to department delay

Central Excise

2025 (10) TMI 328

Audit notice invoking extended five-year limitation held time-barred; Cenvat credit demand, interest and penalty set aside

Central Excise

2025 (10) TMI 448

Prior orders set aside for gross breach of procedural fairness; second appeal and misc application to be reheard together afresh

VAT / Sales Tax

2025 (10) TMI 447

Section 26(6A)-(6C) struck down; no 10% pre-deposit required, appeal to proceed on merits; interim relief extended six weeks

VAT / Sales Tax

2025 (10) TMI 387

Appellant held liable to pay tax under Section 3F(1)(b) on inks and processing and packing materials used in printing

VAT / Sales Tax

2025 (10) TMI 386

Statutory university's primary object is education; printing and selling prospectuses incidental, not taxable business under KVAT Act

VAT / Sales Tax

2025 (10) TMI 327

Writs allowed: Rule 4(2) read with Section 31 notices quashed as time-barred; Sections 6 and 22 invalidated

VAT / Sales Tax

2025 (10) TMI 257

Challenge to Rs1 crore part-payment condition for stay of Rs35 crore tax demand dismissed as reasonable and justified

VAT / Sales 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

2023 (7) TMI 1109

Tribunal Upholds Wealth Tax on Urban Land, Rejects Exclusion Claims

Wealth-tax

2025 (10) TMI 446

Instrument held mortgage under Article 40, not security bond under Article 57; stamp duty recovery upheld under section 33(4)

Indian Laws

2025 (10) TMI 385

Tender wrongly treated quoted prices as GST-inclusive despite clause requiring prices be exclusive of GST and invoice proof

Indian Laws

2025 (10) TMI 384

Bank's fraud classification of corporate account upheld; promoter held liable, non-executive directors exonerated under 2024 Master Directions

Indian Laws

2025 (10) TMI 326

Pending revision against conviction under Section 138 NI Act to be decided within four months; interim protection continues

Indian Laws

2025 (10) TMI 172

Section 138 prosecution can continue against company and directors; insolvency moratorium doesn't bar personal liability under Section 141

Indian Laws

2025 (10) TMI 171

After acquittal in NI Act s.138 case, victim must first appeal under proviso to s.372 CrPC before invoking s.378 CrPC

Indian Laws





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