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Recent Case Laws

View All
2026 (3) TMI 1053

Statutory appellate remedy bars writ jurisdiction; limitation protection granted to enable tribunal adjudication on filing within specified period.

GST

2026 (3) TMI 1052

Writ jurisdiction under Article 226 requires utmost expedition; unexplained delay and alternate remedy bar discretionary relief.

GST

2026 (3) TMI 1051

Effective communication and right to personal hearing: ex parte GST demand quashed and remitted for fresh adjudication.

GST

2026 (3) TMI 1050

Stay of recovery through prescribed undertaking and pre-deposit permitted upon timely compliance with appeal timelines.

GST

2026 (3) TMI 1049

Payment of Admitted Contractual Dues: authority to issue speaking order within stipulated period; pay dues with interest if entitled.

GST

2026 (3) TMI 1048

Repeal Without Saving Clause extinguishes non final proceedings, permitting IGST refund claims and quashing pending notices.

GST

2026 (3) TMI 1034

Limitation principles: delay in filing SLP without satisfactory explanation resulted in dismissal despite issues on proceedings against non residents.

Income Tax

2026 (3) TMI 1033

Writ Jurisdiction declined where identical substantial question of law is pending in another appellate proceeding; petition dismissed.

Income Tax

2026 (3) TMI 1032

Condonation of delay in filing audit report: 31 day delay condoned where preponement and pandemic caused bona fide lapse.

Income Tax

2026 (3) TMI 1031

Block assessment under the search-linked regime subsumes prior completed assessments, producing a single determination of total income.

Income Tax

2026 (3) TMI 1030

Section 311 powers permit late reception of documentary evidence if essential to a just decision and no serious prejudice follows.

Income Tax

2026 (3) TMI 1029

Right to Inspection affirmed: originals of foreign documents placed on record; accused may inspect and contest admissibility.

Income Tax

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 (2) TMI 1352

Benami Transactions confirmed; provisional attachment upheld while beneficial owner identity is referred for limited reinvestigation.

Benami Property

2026 (2) TMI 1293

Benami transaction: proof of consideration and control by beneficial owner upholds provisional attachment and dismisses appeals.

Benami Property

2026 (2) TMI 1292

Fiduciary exception rejected; provisional attachment under benami law affirmed where transfers were one way unaccounted accommodation entries.

Benami Property

2026 (2) TMI 1225

Benami property jurisdiction: IBC tribunals lack power to challenge Benami Act attachment; such assets fall outside the liquidation estate.

Benami Property

2026 (3) TMI 998

Provisional release of seized imported goods allowed subject to deposit of enhanced duty, 10% bank guarantee and compliance conditions.

Customs

2026 (3) TMI 997

Exemption scope limited to express description: paddy reapers without binder excluded, but confiscation and penalties quashed for bona fide mistake.

Customs

2026 (3) TMI 996

Customs Valuation principles require corroborated, contemporaneous comparables; absent these, value enhancement and penalties set aside.

Customs

2026 (3) TMI 995

Customs valuation based on expert certificates is unsustainable; declared transaction value accepted and fines moderated accordingly.

Customs

2026 (3) TMI 994

Erroneous exemption claims can attract differential customs duty with interest, but confiscation and penalties may be unsustainable where description and procedures were correct.

Customs

2026 (3) TMI 993

Classification of technical-grade pesticides as insecticidal preparations, resulting in their classification under Heading 38.08 and an adverse ruling.

Customs

2026 (3) TMI 992

Rights Issue compliance affirmed; allotments and capital increase not oppression and interim restraint refused as premature.

Companies Law

2026 (3) TMI 857

Appealability of Contempt Notices: initiation by notice is not appealable, while disclosure directions for forensic audit need no appellate interference.

Companies Law

2026 (3) TMI 665

Transmission of shares to legal heirs may be ordered interim on prima facie entitlement while reserving full title adjudication.

Companies Law

2026 (3) TMI 513

Interim preservation of property: status quo to be maintained and no new third party interests until the Company Petition is decided.

Companies Law

2026 (3) TMI 476

Reduction of Share Capital affirmed; court upheld tribunal findings rejecting procedural bias and perverse valuation.

Companies Law

2026 (3) TMI 475

Undertaking as going concern: isolated asset sale not requiring special resolution; SARFAESI sale upheld and purchaser deemed bona fide.

Companies Law

2026 (3) TMI 856

Evidentiary Power: regulator and appellate forum may take and conduct evidence, but external enquiry reports not on record are inadmissible.

SEBI

2026 (3) TMI 855

Disclosure obligations in IPO prospectuses: non-interference affirmed, regulatory disclosure order and lower ruling left intact.

SEBI

2026 (1) TMI 662

Stock exchange disciplinary action and withheld security: writ maintainable; investigation valid but final board decision set aside as unlawfully constituted

SEBI

2026 (1) TMI 433

AIF trustee debarment for SEBI rule breaches-no investor loss and fund winding-up led to bar treated as expired.

SEBI

2026 (1) TMI 1358

Doctrine of merger and trustee-like powers in SEBI-appointed Special Committee; order treated as open-ended, appeals dismissed

SEBI

2026 (1) TMI 1236

Personal liability of directors in regulatory proceedings: attachment challenge refused; pursue statutory appeal under SEBI Act

SEBI

2026 (3) TMI 991

Pre-existing dispute: a genuine operational dispute raised before a demand notice bars admission of a Section 9 insolvency petition.

IBC

2026 (3) TMI 990

Fraudulent Invocation of CIRP permits termination and imposition of penal and compensatory costs, including RP fees, when justified.

IBC

2026 (3) TMI 989

Procedural fairness requires a specific opportunity to explain; failure to do so upheld adverse observations against the IRP.

IBC

2026 (3) TMI 926

De facto control and connected person analysis sustain Section 29A ineligibility; CIRP to continue with fresh Form G.

IBC

2026 (3) TMI 925

Presumption of service at furnished address negates non-service defence; concealment warrants dismissal and costs imposed.

IBC

2026 (3) TMI 924

Audi Alteram Partem: accepting a non party mention without notice breaches procedural fairness and mandates fresh hearing.

IBC

2026 (3) TMI 988

Delay in issuance of show cause notices invalidates proceedings where preservation expired and no extension was directed.

FEMA

2026 (3) TMI 987

Preponderance of probabilities: contemporaneous records and admissions suffice to establish foreign-directed payments; penalties must be proportionate.

FEMA

2026 (3) TMI 923

Prolonged Delay in Adjudication reduces penalty despite corroborative evidence, resulting in partial allowance and mitigation of sanction.

FEMA

2026 (3) TMI 922

Civil penalty liability without mens rea affirmed, with proportionality reduction and pre-deposit adjustment in sanction.

FEMA

2026 (3) TMI 921

Unauthorized online forex derivatives trading triggers liability under FEMA, but mitigating factors can reduce the civil penalty imposed.

FEMA

2026 (3) TMI 851

Reasoned finding requirement for penalties in foreign exchange enforcement: absence of evidence-linked findings overturns penalty.

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 (3) TMI 920

Service of relied-upon documents: Adjudicating Authority must decide completeness and order supply with opportunity to reply.

Money Laundering

2026 (3) TMI 919

Provisional attachment and frozen funds: Adjudicating Authority is the forum for determination; limited salary payments may be permitted.

Money Laundering

2026 (3) TMI 918

Freezing of suspected proceeds: retention upheld where investigative material provides reason to believe; encumbrance not a bar.

Money Laundering

2026 (3) TMI 917

Provisional attachment under Prevention of Money Laundering Act upheld where documentary records and unexplained bank transfers establish proceeds of crime.

Money Laundering

2026 (3) TMI 916

Proceeds of Crime: property acquired before offences may be provisionally attached as equivalent value when statutory tests are met.

Money Laundering

2026 (3) TMI 850

Service of relied upon documents: electronic transmission is valid, and authority must supply additional relied documents and allow supplementary replies.

Money Laundering

2026 (3) TMI 986

Right to fair hearing requires fresh adjudication where territorial nexus, exemption, limitation and double taxation defences were not considered.

Service Tax

2026 (3) TMI 985

Export-of-services exemption and registration allocation determined to require fresh adjudication after cancellation of redundant registration.

Service Tax

2026 (3) TMI 984

Export of services: supplies to foreign educational institutions treated as exports, and payments during probe can deem proceedings concluded.

Service Tax

2026 (3) TMI 983

Service Tax Valuation: where VAT paid on a deemed portion under VAT rules, service tax limited to the remaining contract value.

Service Tax

2026 (3) TMI 982

Cenvat credit on telecom towers and shelters confirmed; dismantlable goods and related input services qualify when used for taxable services.

Service Tax

2026 (3) TMI 981

Cenvat credit on telecom towers and associated input services allowed; transfer of valid unutilized credit permitted on centralized registration shift.

Service Tax

2026 (3) TMI 975

Export entitlement to duty exemption contingent on proven export; denial follows where export is unproven.

Central Excise

2026 (3) TMI 974

Pre-show consultation requirement is mandatory and failure to issue it vitiates the subsequent show cause notice; notice quashed.

Central Excise

2026 (3) TMI 973

Concurrent findings of fact upheld: no interference with limitation, timing of service tax, and historic statutory application.

Central Excise

2026 (3) TMI 972

Proportionate CENVAT credit reversal satisfies Rule 6 obligations and precludes alternate percentage recovery; time bar defeats related demands.

Central Excise

2026 (3) TMI 971

Input service: Transporting mine rejects to dumping yards qualifies as input service, enabling cenvat credit entitlement.

Central Excise

2026 (3) TMI 1056

Franchise Service not attracted where contracts and invoices show manufacture-for-sale, not representational franchise; finding upheld.

Central Excise

2026 (3) TMI 735

Condonation of delay granted; petition dismissed after reliance on an identical prior order and settled settlement computation.

VAT / Sales Tax

2026 (3) TMI 648

Monetary thresholds for tax appeals: a CBIC circular bars continuation of pending appeals where tax in dispute falls below the limit.

VAT / Sales Tax

2026 (3) TMI 647

Interest on tax refunds accrues from refund application date where Rule 42 approval delays payment, producing entitlement.

VAT / Sales Tax

2026 (3) TMI 586

Year-wise settlement scheme prevents cross-year refund adjustments; refund restored and subsequent year settlement must proceed without adjustment.

VAT / Sales Tax

2026 (3) TMI 473

Burden of Proof in Input Tax Credit requiring specified transaction particulars; remand directed to reassess under Supreme Court guidance.

VAT / Sales Tax

2026 (3) TMI 472

Admission of fresh evidence with alleged natural justice breach requires remand to the original authority for fresh evaluation and opportunity.

VAT / Sales 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

2024 (1) TMI 439

Section 16(1) intimations under Wealth Tax Act constitute orders subject to revision under Section 25

Wealth-tax

2026 (3) TMI 903

Natural justice breach: removal order invalidated for introducing fresh charges without notice; matter remitted for fresh hearing.

Indian Laws

2026 (3) TMI 836

Arbitrator appointment under a special statute excludes general appointment powers, so the specified central appointing scheme prevails.

Indian Laws

2026 (3) TMI 734

Supervisory jurisdiction: limited remand of valuation to DRT upheld while confirmed auction sale remains intact.

Indian Laws

2026 (3) TMI 733

Supervisory power does not permit cancellation of registered deeds; civil courts must decide validity except where fraud is apparent.

Indian Laws

2026 (3) TMI 1055

Interim Relief: High Courts cannot grant standalone stays or status quo when an efficacious alternative remedy is available.

Indian Laws

2026 (3) TMI 1054

Presumption of signature and consideration upheld, failure to rebut statutory presumptions led to conviction being restored.

Indian Laws





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