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Recent Case Laws

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2026 (8) TMI 86

Challenge to Orders-in-Original proceeds as their operation remains stayed pending the next hearing before the Supreme Court.

GST

2026 (8) TMI 85

Vested appellate rights protect pre-amendment GST penalty appeals from newly imposed pre-deposit conditions absent clear retrospective application.

GST

2026 (8) TMI 84

GST registration restoration permits regularisation of return defaults when cancellation impedes business operations and tax recovery.

GST

2026 (8) TMI 83

Regular bail for alleged fraudulent input tax credit transactions granted after investigation completion and reduced need for custody.

GST

2026 (8) TMI 82

GST adjudication order rectification provides the statutory route to verify a taxpayer's claim of full invoice-tax payment.

GST

2026 (8) TMI 81

GST registration restoration follows return filing and payment compliance where cancellation rests solely on continuous non-filing of returns.

GST

2026 (8) TMI 61

Passenger carriage under Section 44B includes qualifying round-trip cruise operations despite ancillary on-board hospitality and entertainment services.

Income Tax

2026 (8) TMI 60

Software licence payment royalty characterisation remains undisturbed as the Special Leave Petition was dismissed solely for filing delay.

Income Tax

2026 (8) TMI 59

Condonation of delay requirements defeated a petition concerning fixed place PE, liaison office status, and income attribution issues.

Income Tax

2026 (8) TMI 58

Reasonable opportunity of hearing requires adequate response time and consideration of hearing requests before completing assessment.

Income Tax

2026 (8) TMI 57

Wilful tax-payment evasion requires conscious intent, so delayed payment without mens rea cannot sustain criminal prosecution.

Income Tax

2026 (8) TMI 56

Perversity in factual findings was not established where sales were accepted as genuine on possible evidence-based views.

Income Tax

2026 (7) TMI 860

Fictitious-name benami transactions permit attachment of routed funds when cumulative evidence remains unrebutted by the benefiting participant.

Benami Property

2026 (7) TMI 736

Benami money trail and prejudice test shape why attachment survived and the cross-examination challenge did not succeed.

Benami Property

2026 (7) TMI 672

Benami cash routing and no proven prejudice from denied cross-examination led to upheld attachment.

Benami Property

2026 (7) TMI 671

Benami finding set aside for incomplete appreciation of evidence; matter remanded for fresh consideration of ownership and attachment.

Benami Property

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 1211

Doctrine of election prevents a will beneficiary from asserting inconsistent ownership, while permissive office occupation creates no life interest.

Benami Property

2026 (8) TMI 32

Prior knowledge of import misdeclaration is essential before Customs Broker penalties for aiding duty evasion can be sustained.

Customs

2026 (8) TMI 31

Valid offence reports and proven Broker misconduct are required before licence revocation for alleged export overvaluation.

Customs

2026 (8) TMI 30

Derivative customs penalty for abetment fails when correctly declared components create no underlying importer contravention.

Customs

2026 (8) TMI 29

Conscious participation determines customs penalties; confiscation stood, but family relationship or employment alone could not establish abetment.

Customs

2026 (8) TMI 28

Monetary thresholds under the Government litigation policy bar departmental anti-dumping duty appeals below the prescribed limit.

Customs

2026 (8) TMI 27

Baggage confiscation jurisdiction is excluded from Tribunal appeals, requiring revision before the Government of India's Revisionary Authority.

Customs

2026 (8) TMI 26

Police-assisted eviction requires Company Court approval while a purchaser's vacant-possession application remains pending for consideration.

Companies Law

2026 (8) TMI 25

Statutory auditor criminal liability requires statutory duty, knowing falsehood or omission, and pleaded wilful default; negligence alone is insufficient.

Companies Law

2026 (7) TMI 1952

Preference shareholders' class-rights variation and interim relief nexus upheld, with no interference in the High Court's decision.

Companies Law

2026 (7) TMI 1951

Disclosure of SFIO investigation orders may be withheld at the preliminary stage to protect ongoing multi-entity investigations.

Companies Law

2026 (7) TMI 1858

FIR quashing limits preserved investigation into alleged forged loan-security documents despite pending insolvency proceedings and indoor management claims.

Companies Law

2026 (7) TMI 1857

Expiry of letters of credit does not end a continuing sale contract, while unregistered firms face contractual claim bars.

Companies Law

2026 (7) TMI 846

Public duty in stock exchange governance may bring senior officers within anti-corruption law, subject to factual determination.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes precluded writ jurisdiction where arbitration and exchange grievance mechanisms remained uninvoked.

SEBI

2026 (7) TMI 1607

Suspension of securities-law sentences continues pending appeal, with deposit deadline extended and surrender deferred for one month.

SEBI

2026 (7) TMI 1606

Suspension of securities-law sentences granted pending appeals where statutory penalties, repeat prosecution, fines, and directorship remained arguable.

SEBI

2026 (7) TMI 1372

Subsidiary status requires statutory shareholding or board-control conditions; financial support and business arrangements alone cannot establish the relationship.

SEBI

2026 (7) TMI 1135

Pre-cognizance hearing rights apply before SEBI Special Courts take cognizance of complaints under the procedural framework.

SEBI

2026 (8) TMI 24

Resolution plan finality can extinguish excluded claims and justify staying money-decree execution without mandatory deposit pending appeal.

IBC

2026 (8) TMI 23

Timely challenge to contingent claim classification is essential; implemented resolution plans cannot be reopened through delayed creditor claims.

IBC

2026 (8) TMI 22

TReDS reverse factoring preserves trade receivables as operational debt, preventing post-implementation reclassification from reopening a completed resolution process.

IBC

2026 (8) TMI 21

Liquidation asset access rights may be protected when post-insolvency obstruction directly impairs saleability and value realisation.

IBC

2026 (8) TMI 20

Clerical Rectification Does Not Reset Limitation, While Time-Barred and Genuinely Disputed Operational Debt Cannot Support Insolvency Proceedings

IBC

2026 (7) TMI 1855

Personal guarantor insolvency process withdrawn after full settlement, with admission order set aside by consent.

IBC

2026 (7) TMI 726

Director liability under FEMA requires proof of control or culpable involvement; mere designation alone does not justify penalty.

FEMA

2026 (7) TMI 660

Pre-deposit non-compliance under FEMA did not bar restoration where readiness to pay and medical hardship were shown.

FEMA

2026 (7) TMI 1950

Current account treatment for definite tournament services removes most foreign-exchange contraventions, but excess remittance and delayed repatriation remain liable.

FEMA

2026 (7) TMI 1854

Statutory penalty ceilings preserve adjudicatory discretion; enhancement requires proof that the imposed penalty was improperly or disproportionately low.

FEMA

2026 (7) TMI 1550

Mandatory opportunity notice and speedy trial protections can invalidate delayed foreign-exchange prosecutions despite available criminal revision.

FEMA

2026 (7) TMI 1370

Discretionary confiscation under FEMA permits penalties without forfeiting securities where adjudicatory discretion is properly exercised.

FEMA

2026 (7) TMI 1459

Exclusive supply and customer incentive arrangements require proof of actual foreclosure or denied market access to breach 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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

Law of Competition

2026 (8) TMI 19

Pre-cognizance hearing under PMLA requires cognizance proceedings to restart, while custody and bail follow statutory procedure.

Money Laundering

2026 (8) TMI 18

Anticipatory bail in money-laundering cases denied where money-trail investigation remained necessary and statutory twin conditions were unsatisfied.

Money Laundering

2026 (7) TMI 1949

Prolonged custody without commencement of pre-charge evidence warranted bail despite no finding of wilful procedural delay.

Money Laundering

2026 (7) TMI 1948

Review jurisdiction requires cured procedural defects and substantive grounds; reconsideration of the money-laundering proceedings order was refused.

Money Laundering

2026 (7) TMI 1947

Writ jurisdiction remains available despite alternate remedies, but interim protection fails without a prima facie case and balance of convenience.

Money Laundering

2026 (7) TMI 1946

Modification of bail conditions remains available where changed circumstances make a financial restraint unjust and recovery-oriented.

Money Laundering

2026 (8) TMI 17

Reverse-charge tax on mining royalty requires lease-date verification before determining the applicable Government-services tax regime.

Service Tax

2026 (8) TMI 16

Supplementary invoice credit remains available where no adjudicated recoverable service-tax demand exists against the service provider.

Service Tax

2026 (8) TMI 15

Composite developmental works fall outside maintenance taxation, while exemption claims and extended limitation depend on evidence and statutory conditions.

Service Tax

2026 (8) TMI 14

Extended limitation requires deliberate evasion, so repeated audit-based service-tax demands on identical issues fail as time-barred.

Service Tax

2026 (7) TMI 1945

Service-tax characterisation governs venture fund profits, copyright royalty, CENVAT credit, limitation, and penalties under the discussed principles.

Service Tax

2026 (7) TMI 1944

SEZ service exemption survives Form A-2 non-production where authorised operational use is undisputed; delayed-return fees remain statutorily capped.

Service Tax

2026 (8) TMI 9

Captive-consumption exemption covers eligible factory shop-floor equipment used in manufacture when tariff classification is not excluded.

Central Excise

2026 (8) TMI 8

Input service credit for business-related C&F services beyond the factory gate remains available absent a specified exclusion.

Central Excise

2026 (8) TMI 13

Extended limitation requires suppression or equivalent conduct; an excise-duty demand based on audited records was time-barred.

Central Excise

2026 (8) TMI 12

CENVAT credit on pre-amendment structural supports remains available where materials enable installation and functioning of capital goods.

Central Excise

2026 (8) TMI 11

Unjust enrichment does not bar service-tax refunds when providers prove the tax burden was not passed to recipients.

Central Excise

2026 (8) TMI 10

Assessable value reconciliation defeats excise demand where consolidated accounts include sales and inter-unit transactions of another unit.

Central Excise

2026 (8) TMI 7

Review petition repeating previously considered grounds and identical relief is not maintainable and fails on merits.

VAT / Sales Tax

2026 (8) TMI 6

Wilful suppression of turnover supports penalty when return omissions and unexplained delayed disclosures establish deliberate non-reporting.

VAT / Sales Tax

2026 (8) TMI 5

Input tax credit requires independent proof of genuine purchases and physical goods movement, not merely self-generated transaction records.

VAT / Sales Tax

2026 (8) TMI 4

Show-cause notice limits fiscal levies; format-based rejection of taxpayer records requires fresh assessment with meaningful hearing.

VAT / Sales Tax

2026 (8) TMI 3

Timely rectification representations remain maintainable where administrative inaction caused delay, requiring fresh consideration under law.

VAT / Sales Tax

2026 (8) TMI 2

Alternative remedy for recovery stay must be pursued before writ jurisdiction is invoked during a pending tax appeal.

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 (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

2026 (8) TMI 87

Non-signatory spouse liability for cheque dishonour fails where proprietorship status, demand notice, and pre-summoning safeguards are defective.

Indian Laws

2026 (7) TMI 1930

Voluntary cheque execution must be proved before presumptions of consideration and liability can apply in a disputed civil claim.

Indian Laws

2026 (7) TMI 1929

Cheque dishonour defences requiring evidence cannot support quashing, and impleading a proprietorship concern does not invalidate the complaint.

Indian Laws

2026 (7) TMI 1928

Cheque dishonour complaints require payee or holder-in-due-course status; a deceased payee's spouse needs lawful entitlement.

Indian Laws

2026 (7) TMI 1778

Statutory composition of MSME Councils determines jurisdiction, making awards by overconstituted Councils void and open to writ challenge.

Indian Laws

2026 (7) TMI 1777

Independent criminal investigation may continue despite suspension of bank fraud classification, absent express restraint or demonstrated abuse of process.

Indian Laws


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