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Recent Case Laws

View All
2026 (5) TMI 256

Provisional attachment under GST lapses after the statutory period, and cash credit facilities cannot be validly attached.

GST

2026 (5) TMI 255

Condonation of delay in statutory appeals may be granted where sufficient cause exists and merits-based adjudication would otherwise be defeated.

GST

2026 (5) TMI 254

Consolidated GST notices across multiple years are permissible under Section 74 where the alleged ITC fraud pattern requires year-wise assessment.

GST

2026 (5) TMI 253

Non-speaking refund rejection orders are liable to be set aside and remanded for fresh reasoned adjudication after hearing.

GST

2026 (5) TMI 252

Reasoned GST registration cancellation and fair hearing are mandatory; non-speaking orders can be quashed and remanded.

GST

2026 (5) TMI 251

Non-speaking rectification order set aside for failure to consider submissions and remanded for fresh adjudication

GST

2026 (5) TMI 235

Royalty treatment of non-resident circuit and internet facility payments cannot be expanded retrospectively under tax law.

Income Tax

2026 (5) TMI 234

Condonation of delay in Form 10-IC was refused as CBDT circulars imposed a three-year outer limit.

Income Tax

2026 (5) TMI 233

Accrual and real income principles support spreading time-share membership fees over the service period.

Income Tax

2026 (5) TMI 232

Genuine hardship requirement under income tax delay condonation was not met, so writ interference with rejection was unwarranted.

Income Tax

2026 (5) TMI 231

Limitation for reassessment notices under the Income-tax Act rendered the notice invalid when issued after the statutory deadline.

Income Tax

2026 (5) TMI 230

Reassessment reopening requires a prima facie live link between seized material and escapement of income; vague notes are insufficient.

Income Tax

2026 (5) TMI 211

Benami property law: cash routed through a third-party account was treated as benami consideration and attachment upheld in principle.

Benami Property

2026 (4) TMI 807

Benami attachment and traced proceeds: wrong property description was curable, while bogus share premium remained attachable as property.

Benami Property

2026 (4) TMI 806

Benami proceedings survive criminal acquittal where fund flow and layering evidence support reasons to believe and provisional attachment.

Benami Property

2026 (4) TMI 805

Benami evidence can rely on income-tax search material when corroborated by documents, electronics, and supporting statements.

Benami Property

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 1760

Benami law and retrospective penal provisions: SC declined review over attachment, confiscation, and Article 20(1) concerns.

Benami Property

2026 (5) TMI 210

Pre-deposit waiver in customs import dispute failed after allegations of undervaluation and misdeclaration; Supreme Court declined interference.

Customs

2026 (5) TMI 209

Marine fuel classification and end-use declaration requirements controlled release of seized imported distillate fuel.

Customs

2026 (5) TMI 208

Customs penalty set aside for lack of notice and hearing; proceedings remitted to the reply stage

Customs

2026 (5) TMI 144

Duty-free import misdeclaration and diversion justified extended limitation, customs demand, penalties, and pre-deposit enforcement.

Customs

2026 (5) TMI 143

Anti-dumping duty refund upheld where rescinding notification operated prospectively and did not bar pre-rescission claims.

Customs

2026 (5) TMI 142

Anticipatory bail parameters required proper consideration; non-application of settled factors led to quashing and remand for fresh decision.

Customs

2026 (5) TMI 73

Statutory appellate remedy and Section 14 limitation exclusion fail where writ proceedings were pursued without bona fide diligence.

Companies Law

2026 (5) TMI 72

Res judicata barred a fresh company petition where identical reliefs had already been finally decided and could not be reopened.

Companies Law

2026 (4) TMI 1841

Former director prosecution needs specific allegations; vague complaints and a derivative look out circular cannot stand after quashing.

Companies Law

2026 (4) TMI 1753

Auditor's advisory remark and mechanical cognizance cannot sustain prosecution under the Companies Act

Companies Law

2026 (4) TMI 1679

SFIO investigation requires a lawful inspection report; persistent repayment default alone does not establish fraud or justify summons.

Companies Law

2026 (4) TMI 1678

Condonation of short delay in company petitions may rest on uncontroverted medical cause and preserved limitation principles.

Companies Law

2026 (4) TMI 878

Procedural objection raised too late, with no shown prejudice, led the Supreme Court to decline interference under Article 136.

SEBI

2026 (4) TMI 1752

Conditional directions for SEBI-linked funding: Supreme Court dismissed the petitions on request and granted liberty to proceed in law.

SEBI

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 (5) TMI 71

Clean slate principle under insolvency law bars enforcement of pre-CIRP claims outside an approved resolution plan.

IBC

2026 (5) TMI 70

Inherent recall powers cannot reopen a merits-based insolvency order using later-discovered documents after appellate affirmation.

IBC

2026 (5) TMI 69

Limitation and financial debt under insolvency law: acknowledgment extended time, and prima facie default supported Section 7 admission.

IBC

2026 (5) TMI 68

Claim verification must remain independent: extraneous related-party and avoidance observations were removed as beyond the appeal's scope.

IBC

2026 (5) TMI 21

Interim moratorium and guarantor liability under insolvency law: later Section 95 filing upheld, discharge plea rejected.

IBC

2026 (5) TMI 135

Pending debtor deposit application can bar Section 7 admission when notice was issued before the insolvency order.

IBC

2026 (5) TMI 67

FEMA export repatriation liability sustained where active participation in firm affairs and default were shown

FEMA

2026 (5) TMI 207

Foreign exchange contravention requires actual dealing or unauthorised currency conversion; Indian-currency cheque from NRE account was not enough.

FEMA

2026 (5) TMI 206

RBI share transfer compliance and forgery allegations failed where documentary proof and bank reporting supported the transaction.

FEMA

2026 (5) TMI 16

Non-realisation of export proceeds: partial recovery efforts were insufficient, and penalty applied only where responsibility was proved.

FEMA

2026 (4) TMI 1802

Foreign exchange contravention upheld as unauthorised dealing was proved, but the penalty was reduced in partial relief.

FEMA

2026 (4) TMI 1668

False ODI declarations and lack of bona fide business use can justify FEMA seizure under Section 37A.

FEMA

2026 (4) TMI 801

Cartel evidence through emails upheld, with partner liability and penalty principles sustained under competition law.

Law of Competition

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

2026 (5) TMI 66

Section 32A protection under insolvency law bars PMLA attachment against corporate debtor assets after genuine resolution and change in control.

Money Laundering

2026 (5) TMI 205

Previous sanction required for cognizance against public servants in PMLA proceedings; absence of sanction vitiates the order.

Money Laundering

2026 (5) TMI 204

Money-laundering bail under Section 45 is not an absolute bar where custody is prolonged and the role is derivative.

Money Laundering

2026 (5) TMI 203

Writ jurisdiction and statutory appeal under PMLA: interim orders do not automatically bar review, and reasons for relegation must be clear.

Money Laundering

2026 (5) TMI 202

PMLA attachment can cover proceeds of crime or equivalent value despite later scheduled offence provision and bank settlement.

Money Laundering

2026 (5) TMI 134

PMLA bail and twin conditions govern release where prima facie proceeds of crime material and arrest challenges arise.

Money Laundering

2026 (5) TMI 201

Ex parte service tax adjudication remanded for fresh reply stage, with exemption and limitation defences left open.

Service Tax

2026 (5) TMI 200

Sovereign statutory fees are not taxable consideration where a State officer collects charges for forest conservation duties.

Service Tax

2026 (5) TMI 199

Segregated service and material values defeat reclassification as Works Contract Service where VAT and service tax were separately paid.

Service Tax

2026 (5) TMI 198

Exemption for government housing construction and site formation services defeated service tax demand and related penalties.

Service Tax

2026 (5) TMI 197

Cargo handling exemption for agricultural produce upheld where records supported the claim and no contrary evidence was produced.

Service Tax

2026 (5) TMI 133

Project development arrangement not treated as taxable service where parties acted as co-venturers without contractee-contractor relationship.

Service Tax

2026 (5) TMI 59

CENVAT credit can be used to pay service tax on imported services where liability is cast on the recipient.

Central Excise

2026 (5) TMI 2

Trade discount excluded from assessable value absent proof of buyer-provided benefit or consideration flow

Central Excise

2026 (5) TMI 196

Undervaluation demand sustained on existing evidence; absence of fresh material meant no interference with remand-compliant adjudication.

Central Excise

2026 (5) TMI 131

Suppression-based Central Excise penalty remains valid where the case is consistently treated as evasion by suppression, despite notice wording

Central Excise

2026 (5) TMI 130

Writ challenge to long-pending show cause notices rejected, with factual disputes left for adjudication before the competent authority.

Central Excise

2026 (5) TMI 129

Refund denial cannot rest on new grounds, and reversed Cenvat credit remains refundable once admissibility is established.

Central Excise

2026 (5) TMI 128

Reopening of assessments and Form F transactions require fresh review after the later Supreme Court clarification on statutory scope and fraud exceptions.

VAT / Sales Tax

2026 (4) TMI 1654

Deemed rectification and delayed refund interest cannot be defeated by later void proceedings under sales tax law.

VAT / Sales Tax

2026 (4) TMI 1653

Works contract tax in joint development applies only to goods element for flat purchasers, not to land transfer value.

VAT / Sales Tax

2026 (4) TMI 1507

Tax recovery cannot proceed before service of demand orders; appeal time starts only after valid service.

VAT / Sales Tax

2026 (4) TMI 1502

Delayed VAT refund must carry statutory interest where excess tax is due and administrative excuses do not justify non-payment.

VAT / Sales Tax

2026 (4) TMI 1353

Entry tax on H.R. sheets and penalty issues remained undisturbed as delay was condoned and special leave dismissed.

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 (5) TMI 195

Criminal complaint in a commercial payment dispute quashed for lacking prima facie cheating, fraud, and legal basis.

Indian Laws

2026 (5) TMI 194

Foreign arbitral award enforcing compensatory damages upheld where RBI approval was not required for the payment transaction.

Indian Laws

2026 (5) TMI 193

Security cheque under Section 138: acquittal upheld where enforceable debt was not proved and presumptions were rebutted.

Indian Laws

2026 (4) TMI 1818

Reasonable time in tax assessments: prolonged unexplained delay after notice can invalidate assessments for unfair and arbitrary adjudication.

Indian Laws

2026 (4) TMI 1817

Recusal and apparent bias: connected rulings, interim observations, and remote allegations were held insufficient to show reasonable apprehension.

Indian Laws

2026 (4) TMI 1801

SARFAESI procedural non-compliance led to setting aside possession action, while contempt was closed for lack of tribunal jurisdiction.

Indian Laws





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