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Recent Case Laws

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2026 (10) TMI 1300

GST Portal Notice Placement: Uploading notices outside the designated window denied effective hearing, requiring fresh assessment adjudication.

GST

2026 (10) TMI 1299

Effective portal notice safeguards natural justice by requiring separate intimation, response opportunity, and personal hearing before fresh tax adjudication.

GST

2026 (10) TMI 1298

Consignee's right to notice and documentary response requires fresh GST proceedings before detained-goods allegations are determined.

GST

2026 (10) TMI 1297

GST registration cancellation cannot rest solely on missing rent agreement for an additional business premises.

GST

2026 (10) TMI 1296

GST reimbursement for tax-exclusive BOQ rates remains payable despite general tax-inclusive clauses after the GST transition.

GST

2026 (10) TMI 1295

Retrospective ITC relief validates later claims and preserves business banking-service credit despite GSTR-2A mismatches with verified supplies.

GST

2026 (10) TMI 1283

Reassessment proceedings require a meaningful opportunity to explain alleged turnover and furnish loan confirmations before notices are issued.

Income Tax

2026 (10) TMI 1282

Reassessment notices require genuine consideration of loan evidence before alleged turnover can justify further investigation.

Income Tax

2026 (10) TMI 1281

Transfer-pricing associated-enterprise rules require prescribed arm's-length methods, while enduring-benefit tests govern software and research expenditure.

Income Tax

2026 (10) TMI 1280

Under-reported income from a first reassessment return attracts standard penalty, absent statutory proof of misreporting.

Income Tax

2026 (10) TMI 1279

Documented share-sale proceeds: uncontroverted exchange and banking evidence defeats unexplained-credit and estimated-commission additions based only on general suspicion.

Income Tax

2026 (10) TMI 1278

Reassessment jurisdiction requires proper approval and statutory scrutiny notice; later registration cannot trigger a subsequently effective property-tax provision.

Income Tax

2026 (9) TMI 1948

Section 24 provisional attachment permits same-day notice, approval and attachment when statutory conditions and prior approval are satisfied.

Benami Property

2026 (9) TMI 1390

Final tax adjudication findings negating benami transactions and confirming disclosure undermined prosecution, requiring quashing of criminal proceedings.

Benami Property

2026 (10) TMI 814

Benami cash transfers through proprietorship accounts may trigger limited attachment despite subsequent banking retransfer to the beneficial owner.

Benami Property

2026 (10) TMI 739

Benami transaction requirements cover legitimate funds when consideration and beneficial ownership conditions are met, leaving no review error.

Benami Property

2026 (10) TMI 655

Retroactive Benami enforcement applies procedural amendments, while evidence of funding and control supports property attachment.

Benami Property

2026 (10) TMI 491

Benami transaction indicators established beneficial ownership where the recorded purchaser lacked funds and acted on another's directions.

Benami Property

2026 (10) TMI 1258

Customs reassessment requires written acceptance or a speaking order, while transaction-value enhancement needs reasons and supporting evidence.

Customs

2026 (10) TMI 1257

Knowing participation in customs violations is required before penalties for confiscable goods or false documents can apply.

Customs

2026 (10) TMI 1186

Show-cause notice absence and natural justice claims failed in petitions seeking release of gold seized by customs.

Customs

2026 (10) TMI 1185

IGST valuation must use effective exempt customs duty, preventing notional tariff-duty additions on duty-free imports.

Customs

2026 (10) TMI 1184

Penalties on Chartered Engineers fail when unsupported principal import demands, confiscation and related penal consequences no longer survive.

Customs

2026 (10) TMI 1183

Customs penalty liability requires admissible evidence and proof of knowledge; uncorroborated third-party statements cannot establish involvement.

Customs

2026 (10) TMI 982

Finality of affirmed appellate directions bars interference with consequential compliance orders lacking independent findings on the merits.

Companies Law

2026 (10) TMI 877

Interim protection in acquisition disputes requires fulfilled conditions, proven performance, and a present need to preserve subject matter.

Companies Law

2026 (10) TMI 806

Separate corporate personality prevents personal liability of non-executive directors for company deposits without an independent legal basis.

Companies Law

2026 (10) TMI 732

Civil jurisdiction over inherited company-held assets survives where statutory bars and benami objections require evidentiary determination.

Companies Law

2026 (10) TMI 1087

Proprietary security in pledged shares prevails over unspecified negative liens, personal guarantees, and unrecorded oral undertakings.

Companies Law

2026 (10) TMI 1086

Share-purchase relief requires established oppression and mismanagement, statutory satisfaction, and a current scrutinised valuation before a buyout direction.

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

Cross-segment derivatives price manipulation triggers interim market-access restraints, asset preservation, and disclosure obligations pending investigation.

SEBI

2026 (10) TMI 1256

CIRP management vesting prevents suspended directors curing unauthorised corporate appeals after limitation expires and defeats unsupported quality-dispute objections.

IBC

2026 (10) TMI 1177

Liquidator e-auction price qualifies as true market value for stamp duty when transparently supervised and competitively determined.

IBC

2026 (10) TMI 1085

Section 7 default proof: authenticated Information Utility records support insolvency admission despite accounting disputes or profitability claims.

IBC

2026 (10) TMI 1084

Look Out Circulars cannot restrict personal guarantors' foreign travel solely to facilitate civil debt recovery.

IBC

2026 (10) TMI 1083

Operational debt proof through tax and ledger records can support insolvency admission despite minor invoice address discrepancies.

IBC

2026 (10) TMI 1082

Fixed-deposit withdrawal rights followed the civil-appeal appellant's designated entitlement, excluding the corporate debtor's suspended director.

IBC

2026 (9) TMI 2006

FEMA civil penalties apply without mens rea where charitable trusts retain non-resident rupee borrowings beyond permitted periods.

FEMA

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 477

FERA civil penalties do not require mens rea, while proportionality review permits interference only for shocking excess.

FEMA

2026 (10) TMI 476

FEMA evidence rules uphold corroborated electronic records but reject liability founded solely on unsupported extrapolated import transactions.

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 (10) TMI 1255

Proceeds-of-crime nexus governs PMLA bail, while prolonged detention amid delayed trial may yield to conditional liberty.

Money Laundering

2026 (10) TMI 1254

Anticipatory bail in money-laundering investigations depends on statutory twin conditions, material involvement with proceeds of crime, and cooperation.

Money Laundering

2026 (10) TMI 1253

Redevelopment of an attached co-operative housing flat may proceed while preserving enforcement rights in replacement property and redevelopment benefits.

Money Laundering

2026 (10) TMI 1252

Deferred money-laundering judgment preserves consistency while the scheduled-offence trial determines the existence of criminal proceeds.

Money Laundering

2026 (10) TMI 1176

Release of seized assets follows when alternative properties secure alleged crime proceeds and the assets are no longer needed.

Money Laundering

2026 (10) TMI 1175

Pre-cognizance hearing for post-commencement money-laundering complaints is mandatory before cognizance under Bharatiya Nagarik Suraksha Sanhita.

Money Laundering

2026 (10) TMI 1251

Supply of tangible goods classification applies where transit mixer control remains with supplier, excluding goods transport agency service.

Service Tax

2026 (10) TMI 1250

Reverse-charge tax liability survives credit eligibility, but revenue neutrality restricts recovery to the normal limitation period.

Service Tax

2026 (10) TMI 1249

Third-party tax data cannot alone support extended-period service-tax demands or unnotified allocation methods, requiring corroboration and notice.

Service Tax

2026 (10) TMI 1248

Intermediary services arranged abroad fall outside reverse-charge service tax where local representatives only facilitate third-party production support.

Service Tax

2026 (10) TMI 1247

Form 26AS data alone cannot support an extended-period service-tax demand without evidence identifying taxable services and receipt character.

Service Tax

2026 (10) TMI 1246

Consignment-note requirement excludes road transport from Goods Transport Agency service tax, while food-grain transport remains non-taxable.

Service Tax

2026 (10) TMI 1245

Evidentiary Standards for Clandestine Removal Claims Require Corroborated Records, Certified Electronic Evidence, and Tested Witness Statements

Central Excise

2026 (10) TMI 1244

Indigenous-input DTA clearances qualify for domestic-equivalent excise duty, while prior departmental knowledge defeats extended limitation and penalty.

Central Excise

2026 (10) TMI 1243

Deemed export treatment for supplies to export-oriented units supports refunds of accumulated CENVAT credit on export-linked clearances.

Central Excise

2026 (10) TMI 1168

Personal liability for invoice-related penalties requires proven issuance or abetment and admissible evidence, not corporate allegations alone.

Central Excise

2026 (10) TMI 1167

CENVAT credit records and departmental knowledge defeat invoice-only denial and extended limitation for delayed credit demands.

Central Excise

2026 (10) TMI 1166

CENVAT credit on concessional countervailing duty for imported coal remains admissible despite domestic excise exemption restrictions.

Central Excise

2026 (10) TMI 956

Specific-entry classification treats dupattas as exempt woven fabrics, not fibres, because their fabric character governs scheduled-entry coverage.

VAT / Sales Tax

2026 (10) TMI 867

Residual tax classification treats bundled mobile chargers and printer consumables as separately taxable unspecified goods.

VAT / Sales Tax

2026 (10) TMI 866

Separate enterprise classification prevents clubbing of plant and machinery investments, preserving concessional sales tax eligibility for qualifying units.

VAT / Sales Tax

2026 (10) TMI 1242

Limited withdrawal liberty and enumerated revisional jurisdiction bar renewed appellate challenges and revisions against rectification orders.

VAT / Sales Tax

2026 (10) TMI 1070

Registered security interests override State sales tax charges, securing encumbrance-free transfer of assets acquired in enforcement auctions.

VAT / Sales Tax

2026 (10) TMI 1069

Continuing sales-tax demand notices remain timely when the original notice was issued within the statutory limitation period.

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 (10) TMI 954

Temporary injunctions for prima facie defamatory publications can restrain harmful republication while permitting accurate official reporting.

Indian Laws

2026 (10) TMI 863

Section 9 Interim Protection Requires Security Where Financial Distress Creates Serious Risk of Insufficient Assets for Arbitration Award Execution.

Indian Laws

2026 (10) TMI 862

Time-barred debt cheques can revive liability, preventing limitation alone from defeating cheque dishonour prosecution under negotiable instruments law.

Indian Laws

2026 (10) TMI 1241

Void gifts of temple inam land cannot be cured by registration, leaving government occupation only on lease.

Indian Laws

2026 (10) TMI 1162

AT-1 Bond Write-Downs Must Follow Pre-Reconstruction Regulatory Procedures, Invalidating Post-Reconstruction Action by an Administrator Without Separate Regulatory Authority

Indian Laws

2026 (10) TMI 1068

Section 9 interim security protects disputed refund claims when financial distress creates a genuine risk of unenforceable awards.

Indian Laws


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