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Recent Case Laws

View All
2026 (3) TMI 425

Condonation of delay: court permits out-of-time appeal if filed within a fortnight and requires merits-based disposal.

GST

2026 (3) TMI 424

Demand Limitation in Show Cause Notices: confirmation beyond proposed amount requires setting aside and fresh adjudication.

GST

2026 (3) TMI 405

GST Registration restoration after administrative withdrawal of cancellation, with directions for restoration and intimation.

GST

2026 (3) TMI 404

Restoration of GST registration on compliance with Rule 22(4) proviso; authorities must consider and restore within directed time.

GST

2026 (3) TMI 403

Pretrial custody and documentary evidence: regular bail granted where custodial interrogation is unnecessary and recovery remedies exist.

GST

2026 (3) TMI 402

Procedural Fairness requires a fresh hearing and reconsideration of a GST show cause notice; authority to pass fresh order.

GST

2026 (3) TMI 393

Commencement date rule: an amendment effective from start of an assessment year applies to that assessment year's previous financial year income.

Income Tax

2026 (3) TMI 392

Cash Gift Credibility: verified donor identity and proof of donor funds required or unexplained cash may be taxed as income.

Income Tax

2026 (3) TMI 391

Condonation of Delay under Section 119(2)(b): bona fide pandemic-related short delays warrant liberal discretion to prevent hardship.

Income Tax

2026 (3) TMI 390

Mutuality permits appropriation of interest receipts to meet member payments, reducing taxable income when payments fall within objects.

Income Tax

2026 (3) TMI 389

Foreign Tax Credit must not be denied solely for delayed Form-67; claim to be considered on merits after verification.

Income Tax

2026 (3) TMI 388

Taxation of Renewable Energy Certificates: REC proceeds are not carbon credits for concessional tax and not eligible for power-business deduction.

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 423

Deteriorated imported goods: equitable relief allowed-order set aside, disposal authorised and demurrage waiver directed.

Customs

2026 (3) TMI 422

Interest on delayed refunds: appellate orders direct interest payable to appellant where principal refund is paid to appellant.

Customs

2026 (3) TMI 421

Polymer impregnation visibility determines tariff classification; absent visible coating, made-up interior blinds classification prevails.

Customs

2026 (3) TMI 420

Right to fair hearing: Commissioner must disclose reasons and allow response before adverse licence action.

Customs

2026 (3) TMI 419

Natural justice requires communicating adverse material and granting opportunity to rebut before revoking a licence.

Customs

2026 (3) TMI 418

Customs Valuation: Revenue cannot reject declared transaction value absent payment evidence or linkage to recovered invoices.

Customs

2026 (3) TMI 300

Shifting Registered Office permitted where approved resolution plan stands and no stay exists; conditional approval upheld.

Companies Law

2026 (3) TMI 259

Interference with criminal investigation denied as no exceptional circumstances; interim protection and recall of warrants refused.

Companies Law

2026 (3) TMI 258

Validation under Section 536(2): court may validate bona fide post-petition dispositions to enable completion and protect public interest.

Companies Law

2026 (3) TMI 210

Third-party guarantor liability: a voluntary security instrument can be enforced against the provider alongside the primary obligor.

Companies Law

2026 (3) TMI 159

Quashing of FIR where preliminary enquiry failed to establish fraudulent intent and the registration amounted to a roving inquiry.

Companies Law

2026 (3) TMI 111

Class Action Scope: past transactions can be remedied under shareholder class suits, and petition admission was upheld.

Companies Law

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 4

Clients authorising third-party F&O trades despite missing pre/post confirmations; broker not liable for losses, award set aside.

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

2025 (12) TMI 1674

Market regulator prosecution over access to investigation report and inquiry materials; petition allowed, disclosure ordered with limited redactions

SEBI

2026 (3) TMI 417

Existence of Financial Debt and Default: CIRP admission upheld despite viability, res judicata and lender-conduct objections.

IBC

2026 (3) TMI 416

Liquidator Fee Rates: third-bucket rates apply where realisations occur after one year; excess withdrawals refundable with GST and interest.

IBC

2026 (3) TMI 415

Security interest realisation: liquidator may notify higher willing-buyer price; secured creditor must sell to that buyer or comply with deposit rules.

IBC

2026 (3) TMI 352

Appeals Against Resolution Plan rendered infructuous where liquidation begins and claimants pursue claims before the liquidator, leading to dismissal.

IBC

2026 (3) TMI 310

Finality of claim verification prevents collateral challenge to Resolution Plan approval; plan upheld with priority for employee dues.

IBC

2026 (3) TMI 309

Financial debt: funds repayable with a profit share can constitute commercial borrowing, allowing insolvency admission despite arbitration.

IBC

2026 (3) TMI 204

Round-tripping: Offshore SPVs lacking bona fide activity used to raise funds and reinvest in India are treated as circumvention of FEMA norms.

FEMA

2026 (3) TMI 155

Liability of struck-off companies persists; legal representatives face estate-limited FEMA penalties, with courts able to reduce penalties for proportionality.

FEMA

2026 (2) TMI 1345

Section 6(4) FEMA protects only legitimately substantiated foreign funds; breach of foreign exchange rules found, penalty reduced.

FEMA

2026 (2) TMI 1344

Contravention under FEMA sustained on documentary nexus, penalties reduced and confiscation of un-surrendered foreign currency upheld.

FEMA

2026 (2) TMI 1283

Abetment liability: corroborated retracted statements and statutory presumption can shift burden, leading to conviction and reduced penalty.

FEMA

2026 (2) TMI 1215

Continuing corporate liability remains enforceable after striking off; directors remain liable but penalties may be mitigated.

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 307

Provisional attachment under PMLA sustained where property derived from commissions in an illicit scheme; attachments confirmed.

Money Laundering

2026 (3) TMI 306

Proceeds of crime limited to profit element; provisional attachment confirmed only to quantified illicit profit after assessment.

Money Laundering

2026 (3) TMI 254

Right to Speedy Trial: bail granted where investigation complete, evidence documentary and trial unlikely to conclude soon.

Money Laundering

2026 (3) TMI 253

Provisional attachment upheld where prima facie evidence links property to proceeds of crime via placement, layering and conversion into gold.

Money Laundering

2026 (3) TMI 252

Provisional attachment under PMLA upheld where tracing of proceeds through corporates to recipients supports confirmation.

Money Laundering

2026 (3) TMI 203

Provisional attachment of tainted property under PMLA upheld where investigative links justify treating deposits as proceeds.

Money Laundering

2026 (3) TMI 414

Operative appellate order principle bars reassessment; subcontractor services exempt under Notification No.25/2012 ST, assessment quashed.

Service Tax

2026 (3) TMI 413

Valuation Rule Amendment requires re calculation of construction service tax liabilities; pre 2010 and landowner share demands set aside.

Service Tax

2026 (3) TMI 412

Employer-Employee Characterisation: payments to foreign employer not service-taxable where host controls and treats expatriates as employees.

Service Tax

2026 (3) TMI 411

Declared Service scope narrowed: recoveries for notice pay and bond money are compensation, not taxable declared services.

Service Tax

2026 (3) TMI 410

Export of Services: call centre services qualify when effectively used abroad and paid in convertible foreign exchange, enabling rebate.

Service Tax

2026 (3) TMI 351

Business Support Service: composite player fees for matches and promotions are not taxable; CBEC instruction cannot create levy.

Service Tax

2026 (3) TMI 409

Protection under Section 73(3) prevents notice for pre notice tax paid unless Section 73(4) circumstances are specifically pleaded and proved.

Central Excise

2026 (3) TMI 408

Valuation for excise: discounts on demo vehicles must be included under valuation rules and binding precedents, sustaining Revenue's determination.

Central Excise

2026 (3) TMI 407

Fruit juice drink classification: products with at least 5% juice fall under the juice based tariff; related environmental services qualify for cenvat credit.

Central Excise

2026 (3) TMI 406

Cenvat credit reversal: supplying inputs to contractors for use in the assessee's own manufacturing activity does not trigger reversal.

Central Excise

2026 (3) TMI 350

ISD distribution of Cenvat credit upheld where rule was discretionary then, rendering demand and penalties unsustainable.

Central Excise

2026 (3) TMI 349

Cenvat credit eligibility for steel used in fabrication and maintenance affirmed where spares are incorporated into manufacturing plant.

Central Excise

2026 (3) TMI 9

Transfer of Property in Goods: fabricated components that become a distinct commodity are taxable as unspecified goods; embedded costs included.

VAT / Sales Tax

2026 (3) TMI 8

Limitation in Reassessment: reassessment after five years is barred and audit-only objections cannot sustain reassessment.

VAT / Sales Tax

2026 (3) TMI 305

Condonation of Delay: unexplained inordinate delay barred review; no arguable error or miscarriage of justice found on merits.

VAT / Sales Tax

2026 (3) TMI 304

Reference of question of law: court may decline to answer when the referring party and others show no interest.

VAT / Sales Tax

2026 (3) TMI 303

Judicial intervention in pending disciplinary proceedings permitted where prima facie evidence shows non connection and irreparable prejudice; suspension revoked and inquiry expedited.

VAT / Sales Tax

2026 (3) TMI 145

Surcharge on VAT applies in addition to concessional tax for declared goods; levy valid where measured by tax payable.

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 99

Intra-class discrimination in subordinate legislation remedied: private limited companies given same 'change in management' exemption; amendment not retrospective.

Indian Laws

2026 (3) TMI 98

Limitation and public servant complaints: cognizance valid when identity is established and investigative material supports prima facie case.

Indian Laws

2026 (3) TMI 345

Look-Out Circulars must be sparingly used and may be quashed absent material showing deliberate evasion; travel subject to court permission.

Indian Laws

2026 (3) TMI 302

Final order protection preserves vested benefits against later conflicting directions; non-parties may pursue review or tribunal remedies.

Indian Laws

2026 (3) TMI 301

Protection against self-incrimination bars compulsory custodial interrogation; anticipatory bail ordered where accused cooperates with investigation.

Indian Laws

2026 (3) TMI 249

Registrar's power to cancel partnership registration is not implied; cancellation quashed and registration restored.

Indian Laws





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