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Recent Case Laws

View All
2026 (9) TMI 2083

Statutory appellate remedy restricts writ intervention where orders are appealable, requiring parties to pursue appellate review before seeking relief.

GST

2026 (9) TMI 2082

Statutory CGST appeals provide the prescribed remedy for challenging assessment orders and enable full examination of taxpayer objections.

GST

2026 (9) TMI 2081

GST registration restoration and penalty reconsideration require compliance with stipulated conditions, including a deposit, reply, and supporting documents.

GST

2026 (9) TMI 2080

Belated input tax credit regularisation under amended Section 16(4) requires fresh adjudication and compliance with remaining GST conditions.

GST

2026 (9) TMI 2079

Inverted duty structure refunds require verification of genuine manufacturing activity before entitlement to refund can be determined afresh.

GST

2026 (9) TMI 2078

Inverted-duty GST refunds require fresh factual verification after reliance on a quashed circular and inconsistent treatment of comparable claims.

GST

2026 (9) TMI 2053

Tax recovery stays require merit-based discretion; non-payment alone cannot justify refusing interim protection during a pending appeal.

Income Tax

2026 (9) TMI 2052

Section 68 proof requirements and review due diligence bar unsupported cash-credit explanations and rehearing of factual findings.

Income Tax

2026 (9) TMI 2051

Search-related reassessment notices require disclosed seized cash and jurisdictional facts; proceedings were stayed pending review.

Income Tax

2026 (9) TMI 2050

Meaningful Opportunity to Respond in Reassessment Proceedings: Inadequate Notice Vitiates the Resulting Preliminary Assessment Order

Income Tax

2026 (9) TMI 2049

Dispute Resolution Panel objection deadlines extend to the next working day, barring final assessment before binding directions.

Income Tax

2026 (9) TMI 2048

Reassessment approval beyond the prescribed period must come from the competent senior authority, or the proceedings fail.

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 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 (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 (9) TMI 2019

Re-export of detained personal jewellery requires adjudication of the return request before release and any customs penalty.

Customs

2026 (9) TMI 2018

Duty drawback entitlement survives post-export destination failures where export proceeds are realised through the applicable rupee trade mechanism.

Customs

2026 (9) TMI 2017

Expiry of the seizure-notice period requires return of goods despite provisional release arrangements covering other seized items.

Customs

2026 (9) TMI 2016

Admissibility safeguards for statements and electronic evidence can prevent penalties for alleged airport gold-smuggling abetment claims.

Customs

2026 (9) TMI 2015

Customs Broker penalties require evidence of knowing participation or abetment in prohibited-goods export violations, not verification lapses alone.

Customs

2026 (9) TMI 2014

Natural astaxanthin classification: formulated dietary-supplement grades fall under food preparations, not non-synthetic food colours, based on their principal use.

Customs

2026 (9) TMI 2073

Forensic audit scope remains limited to debtor-bank transactions, excluding unrestricted scrutiny of banks' wider affairs.

Companies Law

2026 (9) TMI 2013

Oral corporate agreements remain valid under general contract law, while representative authority requires evidence rather than plaint-stage rejection.

Companies Law

2026 (9) TMI 2012

Consent terms in oppression proceedings can settle challenges to articles amendments and rights issues without merits adjudication.

Companies Law

2026 (9) TMI 1936

Nominee director liability requires involvement in company affairs, not appointment alone, where deposit-repayment directions remain unmet.

Companies Law

2026 (9) TMI 1935

Abeyance of NCLT proceedings pending completion of governmental investigation proceedings and submission of the report.

Companies Law

2026 (9) TMI 1934

Reasoned Findings in Corporate Oppression Claims Protect Parties from Unexplained Dismissal and Unfair Perjury Consequences

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 1675

Statutory appellate remedy for interim securities restrictions takes priority over writ jurisdiction, preserving objections before the designated appellate forum.

SEBI

2026 (9) TMI 2011

Liquidation-auction forfeiture clauses can cover deposited sale consideration when a successful bidder defaults despite disclosed title concerns.

IBC

2026 (9) TMI 2010

Personal guarantor settlements do not confer financial creditor priority or interrupt statutory liquidation estate distributions.

IBC

2026 (9) TMI 2009

Central Sales Tax recovery machinery does not create secured debt or insolvency priority for State tax dues.

IBC

2026 (9) TMI 2008

Committee of Creditors' commercial wisdom supports replacement of a resolution professional absent any contravention of insolvency law.

IBC

2026 (9) TMI 2007

Mandatory liquidation after CIRP expiry applies despite stakeholder deadlock, pending misconduct allegations, and unresolved alternatives to resolution.

IBC

2026 (9) TMI 1933

Committee of Creditors' litigating status remains unresolved while impleadment enables participation in pending insolvency proceedings before adjudication.

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 2006

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

FEMA

2026 (9) TMI 1846

Mandatory FEMA preliminary procedure invalidates adjudication where borrower eligibility is assessed without considering applicable external borrowing circulars.

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 (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 2072

PMLA Property Restoration Requires Qualifying Claimants and Separates Attached Promoter Assets from Corporate Insolvency Proceedings

Money Laundering

2026 (9) TMI 2005

Sanction for money-laundering cognizance remains open as trial proceeds uninfluenced by earlier observations on the issue.

Money Laundering

2026 (9) TMI 2004

Material prosecution documents may enter attachment appeals, while late production can still attract procedural costs.

Money Laundering

2026 (9) TMI 2003

Prima facie proceeds-of-crime link supports property retention despite joint-family ownership claims and alleged notice defects.

Money Laundering

2026 (9) TMI 1996

Trial completion timeline extended while bail, re-arrest procedure, confessional evidence, and alleged bail misuse remain in issue.

Money Laundering

2026 (9) TMI 1928

Regular bail after surrender remains available despite dismissal of challenge to the underlying order in money-laundering proceedings.

Money Laundering

2026 (9) TMI 2002

Extended limitation for service tax recovery fails where VAT and ST-3 returns disclose all relevant taxable transactions.

Service Tax

2026 (9) TMI 2001

Service-tax demand requires supported turnover evidence, while qualifying residual receipts receive threshold exemption from tax liability.

Service Tax

2026 (9) TMI 2000

Extended limitation for reverse-charge service-tax interest cannot apply where tax was paid through permissible CENVAT credit.

Service Tax

2026 (9) TMI 1999

Governmental licensing fees qualify for service-tax exemption when indispensable to conducting business, with reverse-charge demand also time-barred.

Service Tax

2026 (9) TMI 1923

Interim patent-dispute deposits are not royalty or intellectual-property service consideration, preventing reverse-charge service-tax liability before settlement.

Service Tax

2026 (9) TMI 1922

Statutory liquor-licence fees fall outside service-tax consideration where the State grants an exclusive privilege without reciprocal service.

Service Tax

2026 (9) TMI 2071

Appellate forum allocation for service-taxability disputes excludes statutory appeals over intermediary and export-service characterisation at the incorrect forum.

Central Excise

2026 (9) TMI 2070

Appellate jurisdiction excludes intermediary-service and export-of-service determinations when taxability, classification, excisability, or valuation are directly involved.

Central Excise

2026 (9) TMI 1998

Maximum packing speed determines pan masala duty classification despite machine alterations reducing actual operating speed.

Central Excise

2026 (9) TMI 1997

Manufacture determination governs vehicle-modification duty and exemption, while disclosed claims defeat extended limitation and evasion penalties.

Central Excise

2026 (9) TMI 1917

AED (GSI) credit cannot offset basic excise duty where final tyre products bear no corresponding additional excise duty.

Central Excise

2026 (9) TMI 1916

Excise-duty remission protects branded goods made unmarketable by trademark injunctions, invalidating dependent demand proceedings that lack an independent basis.

Central Excise

2026 (9) TMI 1910

Statutory appellate remedy for uncalculated DVAT interest requires challenge through appeal rather than writ proceedings.

VAT / Sales Tax

2026 (9) TMI 1909

Mandatory time limits for remanded assessments extinguish unrenewed tax demands and require refund of related objection-stage pre-deposits.

VAT / Sales Tax

2026 (9) TMI 1908

Pre-deposit compliance cannot be insisted upon before verifying whether an appellant was required to file the disputed e-return.

VAT / Sales Tax

2026 (9) TMI 1836

VAT classification of chewing gum follows common parlance, placing it under the residuary entry rather than sweetmeats.

VAT / Sales Tax

2026 (9) TMI 1586

Transfer of right to use goods requires exclusive legal control; crane hire remained a taxable service, not deemed sale.

VAT / Sales Tax

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 (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 1907

Statutory appellate jurisdiction cannot be transferred to an Arbitral Tribunal by converting a Section 37 appeal into Section 17 relief.

Indian Laws

2026 (9) TMI 1906

Agricultural produce classification excludes commercially distinct manufactured rice products, invalidating market-fee coverage created through executive scheduling.

Indian Laws

2026 (9) TMI 1905

Cheque dishonour presumptions: admitted signature shifts the evidentiary burden, while unsupported blank-cheque claims and routine revision challenges fail.

Indian Laws

2026 (9) TMI 1904

Statutory conciliation notices under MSMED law are not subject to premature Article 227 review, despite parallel commercial proceedings.

Indian Laws

2026 (9) TMI 1835

Civil remedies do not bar criminal investigation where complaints disclose theft, misappropriation, and require documentary verification.

Indian Laws

2026 (9) TMI 1834

Mandatory Rule 9 payment timelines invalidate secured-asset auction sales where delayed consideration lacks a written extension or authorised continuation.

Indian Laws


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