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Recent Case Laws

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2026 (9) TMI 1584

Margin-based GST taxation of second-hand goods required record verification, prompting reconsideration of an ex parte assessment without pre-deposit.

GST

2026 (9) TMI 1583

GST Electronic Cash Ledger refunds require physical applications and supporting documents for recovery of inadvertent deposits with interest.

GST

2026 (9) TMI 1582

Mandatory personal hearing in GST adjudication cannot be bypassed where no fresh hearing date is communicated before assessment.

GST

2026 (9) TMI 1581

GST registration restoration follows payment of outstanding penalty and interest, together with filing of all defaulted returns timely.

GST

2026 (9) TMI 1580

Reasoned GST appellate orders require merits adjudication; non-prosecution alone cannot justify dismissal without addressing appeal grounds.

GST

2026 (9) TMI 1579

GST commencement limits tax recovery to post-commencement periods, barring demands for earlier periods under the regime.

GST

2026 (9) TMI 1564

Condonation of filing delay followed an earlier approach, resulting in dismissal of the Special Leave Petition.

Income Tax

2026 (9) TMI 1563

Permanent establishment taxation retains foreign-company rates, requires TDS on head-office interest, and treats ATMs as computers for depreciation.

Income Tax

2026 (9) TMI 1562

Gross-profit estimation for documented bullion purchases remains factual where no perversity or evidentiary defect is established.

Income Tax

2026 (9) TMI 1561

Bogus purchase additions fail where books, invoices and bank payments support accepted sales and suppliers' non-response is uncontrollable.

Income Tax

2026 (9) TMI 1560

Bona fide Form 10B filing delay condoned to preserve statutory exemption despite a pending alternate statutory remedy.

Income Tax

2026 (9) TMI 1559

Stay of Tax Recovery Granted Where Incomplete Import Data Prevented Reconciliation and a Fair Assessment

Income Tax

2026 (9) TMI 969

Benami property claims cannot enforce ownership or possession through post-commencement suits, even where the underlying sale predates the prohibition.

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 (9) TMI 1229

Benami confiscation takes precedence over a subsequent secured mortgage, leaving lenders to pursue alternate collateral and statutory claims.

Benami Property

2026 (9) TMI 1140

Prior approval for benami property attachment requires statutory notice and recorded reasons before the approval process begins.

Benami Property

2026 (8) TMI 1545

Benami property exceptions protect a father's purchase in minor children's names from statutory bar and plaint rejection.

Benami Property

2026 (8) TMI 1327

Benami transaction definition requires owner's lack of knowledge; acknowledged share allotment and buy-back consideration defeated the statutory claim.

Benami Property

2026 (9) TMI 1585

Release of seized goods remains for customs determination under narcotics clarification, with merits left undecided.

Customs

2026 (9) TMI 1516

Duty-Free Shop Goods Remain Subject to Import Licensing and Domestic Non-Fiscal Regulation Despite Warehousing or Intended Re-Export.

Customs

2026 (9) TMI 1515

Reverse burden for seized gold requires tangible evidence of smuggling; credible domestic purchase invoices defeat confiscation and penalty.

Customs

2026 (9) TMI 1514

Vehicle component classification requires material-specific tariff entries, excluding unavailable preferences and supporting extended recovery for intentional misdeclaration.

Customs

2026 (9) TMI 1513

Customs classification of an archery crossbow places mechanically propelled bolts within sports or outdoor-game equipment tariff coverage.

Customs

2026 (9) TMI 1512

End-use customs concessions fail for scrapped battery cells, requiring full differential duty recovery with interest on assessed import value.

Customs

2026 (9) TMI 1431

Restoration costs must reflect actual regulatory expense, so an unsupported penalty for prolonged filing defaults was reduced.

Companies Law

2026 (9) TMI 1430

Exhaustion of alternative remedies makes direct challenges to interim status quo orders premature before winding-up adjudication.

Companies Law

2026 (9) TMI 1386

Existing prosecution sanction defects require trial-stage examination, while prior Companies Act investigations survive repeal and limitation needs evidence.

Companies Law

2026 (9) TMI 1292

Quasi-partnership shareholder exclusion can justify supervised Swiss Challenge bidding to secure a fair share-purchase exit after confidence irretrievably fails.

Companies Law

2026 (9) TMI 1222

Territorial jurisdiction arises when a company's registered office forms the investigative fulcrum, permitting a writ challenge.

Companies Law

2026 (9) TMI 1132

Binding Judicial Directions Remain Enforceable Despite Pending Review, Requiring Immediate Implementation of Vacant Possession Orders.

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 961

Main objects clause limits virtual digital asset investments, rendering pre-amendment preferential issue deployment ultra vires and void.

SEBI

2026 (9) TMI 663

Buyback escrow release does not immunise issuers from independently proven fraud proceedings under market-abuse rules.

SEBI

2026 (9) TMI 662

Disgorgement and co-location access issues remain legally open after settlement-based disposal of securities market appeals.

SEBI

2026 (9) TMI 561

Summons before arrest warrants: transferred complaints require accused already on bail to receive an initial opportunity to appear.

SEBI

2026 (9) TMI 302

Leave against acquittal requires arguable grounds for deeper scrutiny, while certified-copy time is excluded from limitation.

SEBI

2026 (9) TMI 1508

Personal-guarantee liability remains uncapped by mortgaged-property value, while repayment plans require the statutory creditor voting majority.

IBC

2026 (9) TMI 1507

Concluded liquidation auctions resist speculative challenges by non-participants, while deterrent litigation costs must remain proportionate.

IBC

2026 (9) TMI 1429

Pre-admission interim moratorium ends for qualifying pending personal-guarantor insolvency applications, preventing restraint of creditor enforcement measures.

IBC

2026 (9) TMI 1428

Post-admission insolvency settlements require Section 12A withdrawal and cannot directly overturn admission orders through Rule 11.

IBC

2026 (9) TMI 1385

Fraudulent trading through removal of hypothecated machinery supports unreduced contribution to restore the corporate debtor's depleted assets.

IBC

2026 (9) TMI 1291

Interim injunction restraint preserves disputed trust entitlement and alleged defalcation issues for final adjudication without prejudice.

IBC

2026 (9) TMI 827

Director liability for unrealised export proceeds survives company liquidation when reasonable recovery steps remain unproven.

FEMA

2026 (9) TMI 743

Continuing foreign-asset holdings permit prospective seizure of equivalent domestic assets where statutory suspicion and Indian residence are established.

FEMA

2026 (9) TMI 559

Proportionate penalty under foreign exchange law requires reasoned discretion; an unexplained unchanged quantum was reduced.

FEMA

2026 (9) TMI 1427

Prospective application of FEMA seizure powers permits scrutiny of post-commencement payments, while unreasoned NOC refusals require reconsideration.

FEMA

2026 (9) TMI 1217

Civil FEMA liability for non-compliant foreign investment does not require mens rea and may support property confiscation.

FEMA

2026 (8) TMI 801

Equivalent-value property seizure under FEMA may proceed on prima facie evidence of unauthorised overseas fund transfers.

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 (9) TMI 1506

Individualised money-laundering attribution determines monetary-threshold bail eligibility, while cancellation requires showing a perverse, fallacious, or investigation-prejudicial exercise of discretion.

Money Laundering

2026 (9) TMI 1505

PMLA regular bail threshold requires prima facie satisfaction of innocence despite prolonged custody and parity claims.

Money Laundering

2026 (9) TMI 1285

Prolonged pre-trial detention under PMLA supports regular bail where trial is unlikely to conclude promptly.

Money Laundering

2026 (9) TMI 1284

Bona fide purchase permits release of attached property when identifiable sale proceeds remain available for substituted attachment.

Money Laundering

2026 (9) TMI 1216

Humanitarian parole for critically ill spouses may be warranted despite other family caregivers being available.

Money Laundering

2026 (9) TMI 1215

Corresponding scheduled offences under anti-money-laundering law preserve enforcement jurisdiction for equivalent corruption offences under the J&K statute.

Money Laundering

2026 (9) TMI 1504

Pass-Through Insurance Premiums Stay Outside Service-Tax Value Where Fully Remitted Without Retention or Service Consideration

Service Tax

2026 (9) TMI 1503

Self-borne TDS under reverse charge is excluded from taxable value, while service receipt date fixes the tax rate.

Service Tax

2026 (9) TMI 1502

Construction service tax exemptions distinguish charitable education, SEZ units and public community halls across relevant periods.

Service Tax

2026 (9) TMI 1501

Manufacturer delivery charges within VAT-paid sale price fall outside cargo handling service tax treatment for own goods.

Service Tax

2026 (9) TMI 1500

Investor-procurement commission attracts service tax, subject to verified turnover, threshold exemption eligibility, and cum-tax valuation where applicable.

Service Tax

2026 (9) TMI 1426

Composite works contracts using materials cannot be taxed as commercial construction services; GTA liability remains but penalty is waived.

Service Tax

2026 (9) TMI 1499

Customer-Supplied Drawings Require Proven Production Nexus and Ascertainable Value Before Inclusion in Excise Transaction Value

Central Excise

2026 (9) TMI 1498

Captive consumption valuation uses CAS-4 production cost, excluding general transfer valuation for sister-unit manufacturing transfers.

Central Excise

2026 (9) TMI 1377

Delayed Monthly Duty Payments Attract Interest, Not Higher-Duty Computation, When Sealed Machines Were Not Operated

Central Excise

2026 (9) TMI 1376

CENVAT credit on debonding remains available for former EOUs converted into DTA units after payment of eligible duties.

Central Excise

2026 (9) TMI 1375

Cenvat refund correlation rules protect export credits despite repaid drawback, defeating recovery and consequential interest demands.

Central Excise

2026 (9) TMI 1374

CENVAT input-service credit covers sales and manufacturing nexus services but excludes employee welfare facilities for manufacturers.

Central Excise

2026 (9) TMI 1424

Clean-slate resolution plans extinguish excluded pre-resolution MVAT dues, barring recovery and requiring refund of statutory appeal pre-deposits.

VAT / Sales Tax

2026 (9) TMI 1372

Compensatory taxation requires measurable equivalent benefits and scrutiny of entry-tax validity under constitutional non-discrimination standards.

VAT / Sales Tax

2026 (9) TMI 1366

Rubber classification includes synthetic SBR Latex, placing it under the specified VAT entry rather than the residuary category.

VAT / Sales Tax

2026 (9) TMI 1281

Form-F declarations: final determinations for subsequent years preclude revision of an assessment accepting declarations under Central Sales Tax law.

VAT / Sales Tax

2026 (9) TMI 1206

Statutory interest on assessed VAT refunds applies where payment remains unpaid despite a refund determination.

VAT / Sales Tax

2026 (9) TMI 1107

Inter-State sales turn on contractual linkage to goods movement, while branch transfers require proof under the CST Act.

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

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 (11) TMI 2064

Territorial appellate jurisdiction invalidates orders issued by an appellate authority not assigned the assessee's regional charge.

Wealth-tax

2026 (9) TMI 1497

Limitation-barred recovery plaints cannot be rejected where balance confirmations and tax deposits create triable acknowledgment issues

Indian Laws

2026 (9) TMI 1496

Employment contracts remain outside commercial-court jurisdiction, requiring return of a wrongly filed plaint to the competent civil forum.

Indian Laws

2026 (9) TMI 1371

Post-conviction settlement cannot reopen a final cheque-dishonour conviction through inherent jurisdiction after merits-based revision has concluded.

Indian Laws

2026 (9) TMI 1280

Cheque validity after bank merger prevents Section 138 liability when legacy instruments are presented after their prescribed deadline.

Indian Laws

2026 (9) TMI 1205

Fair vehicle repossession requires prior notice, cure opportunity, peaceful recovery, and transparent sale; forceful seizure can trigger restitution.

Indian Laws

2026 (9) TMI 1204

GST reimbursement disputes remain arbitrable where they concern contractual allocation rather than sovereign tax liability.

Indian Laws


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