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Recent Case Laws

View All
2026 (3) TMI 646

Condonation of Delay denied where laches barred the writ petition; appellate review declined and petition dismissed.

GST

2026 (3) TMI 645

Anticipatory bail: discretionary balance of liberty and investigation permits bail where appellant cooperated and no new material exists.

GST

2026 (3) TMI 644

Statutory appeal rights: petitioner granted six weeks to file; appellate authority must hear and decide on merits.

GST

2026 (3) TMI 643

Retrospective Cancellation requires prior notice of retrospective effect and disclosure of relied material; failure vitiates the order.

GST

2026 (3) TMI 642

Retrospective Cancellation requires express notice and supplied supporting material; otherwise cancellation and cryptic orders are unsustainable.

GST

2026 (3) TMI 641

Orders in name of non existent entity invalid; upload adjudication to transferee's GST and deem earlier registration cancelled.

GST

2026 (3) TMI 640

Ownership of Asset determines depreciation entitlement; factual ownership must be examined by tax authorities and judicial interference denied.

Income Tax

2026 (3) TMI 639

Finality of settlement commission orders upheld where procedure and full and true disclosure are satisfied; judicial review limited to legality.

Income Tax

2026 (3) TMI 638

Cross-examination rights: not available at the Section 148A preliminary stage; entitlement arises at reassessment under Section 147.

Income Tax

2026 (3) TMI 637

Delay and Laches bar extraordinary writ relief; absence of acceptable explanation led to dismissal of challenge to condonation refusal.

Income Tax

2026 (3) TMI 636

Incidental business activity test: charitable exemption upheld where no retained income and quantitative thresholds were not breached.

Income Tax

2026 (3) TMI 635

Capital gains exemption under Section 54F upheld where prior payments for an under construction residence qualify if completed within statutory period.

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 602

Suspension of customs broker licence upheld where prima facie evidence of contraventions and narcotics risk justified emergent action.

Customs

2026 (3) TMI 601

Mis-declaration not found where essential nature was declared; valuation re-determination invalid without disclosure of comparator documents.

Customs

2026 (3) TMI 600

Non-fulfilment of EPCG export obligation upheld duty and interest payable; confiscation and penalties set aside.

Customs

2026 (3) TMI 599

Transaction value requires disclosed reasons and an opportunity to be heard before rejection; undisclosed comparator pricing invalidates reassessment.

Customs

2026 (3) TMI 598

Apparatus for transmission or reception: devices with built in codecs and appliance mode operation classify under transmission heading, not ADP parts.

Customs

2026 (3) TMI 521

Withdrawal with liberty to appeal: file within eight weeks; appeal to be decided on merits without limitation objection.

Customs

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 443

Look Out Circulars: quashed where necessity and proportionality fail, subject to cooperation and conditional safeguards.

Companies Law

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 (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 474

Pre-existing dispute on existence or quantum of operational debt bars admission of an insolvency petition; genuine contest must be decided outside insolvency.

IBC

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 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 597

Mandatory Bail Conditions under PMLA require proof that proceeds are not involved before bail; application denied.

Money Laundering

2026 (3) TMI 596

Provisional attachment confirmed where charge sheet plus corroborative investigative material establish a prima facie link to proceeds of crime.

Money Laundering

2026 (3) TMI 512

Reason to believe standard upheld; arrest and remand under PMLA sustained where tangible investigative material existed.

Money Laundering

2026 (3) TMI 511

Proceeds of crime linkage: complaint alleging property derived from scheduled offences meets prima facie threshold and warrants trial.

Money Laundering

2026 (3) TMI 442

Attachment under PMLA: tribunal refused interim return of funds to avoid dissipation and preserve appeal outcome.

Money Laundering

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 595

Port services classification for vessel water supply sustained, tax demand and extended limitation upheld while wilful-evasion penalty remitted.

Service Tax

2026 (3) TMI 594

VCES discharge bars subsequent tax demands or proceedings when a declaration is accepted and overlaps with declared liability.

Service Tax

2026 (3) TMI 593

Section 80 protection where reasonable cause, disclosure and voluntary tax payment leads to waiver of penalties under Finance Act.

Service Tax

2026 (3) TMI 592

Reverse Charge on GTA services: separately stated transportation charges are distinct and not includible in clearing and forwarding service value.

Service Tax

2026 (3) TMI 591

Extended limitation and penalty: recovery upheld where collected service tax was not disclosed or deposited by the assessee.

Service Tax

2026 (3) TMI 590

Trading discounts excluded from service tax when demonstrably linked to sales; disputed sums remanded for verification and recalculation.

Service Tax

2026 (3) TMI 588

No finding of suppression means excise penalties cannot be imposed; clubbing issue remanded pending apex decision.

Central Excise

2026 (3) TMI 587

Input Service eligibility under Rule 2(l) upheld; demand for disclosed CENVAT credit held time barred due to limitation.

Central Excise

2026 (3) TMI 505

Capacity based Excise Levy upheld as intra vires; rules permit machine based capacity determination and verification without interim relief.

Central Excise

2026 (3) TMI 504

Cenvat credit denial overturned where circumstantial evidence failed and contemporaneous records upheld the credit entitlement.

Central Excise

2026 (3) TMI 430

Evidentiary weight of on-site records upheld; clandestine removals sustained while third-party records excluded and director penalty set aside.

Central Excise

2026 (3) TMI 429

Manufacturer liability determined by identity of manufacturer; supplier of inputs not liable where independent contractor manufactures and supplies RMC.

Central Excise

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 (3) TMI 427

Condonation of Delay requires specific satisfactory explanation; routine file movements or officer changes are insufficient, so petition dismissed.

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 (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 585

Presumption of debt did not arise where cheques lacked particulars and relied documents were fabricated, so complaints quashed.

Indian Laws

2026 (3) TMI 584

Inherent jurisdiction cannot quash a cheque-bounce complaint where disputed facts and document authenticity require trial.

Indian Laws

2026 (3) TMI 583

Limitation and contractual preconditions restrict invocation of security cheques; late presentation and defective authorization quashed proceedings.

Indian Laws

2026 (3) TMI 503

Evidence Corroboration: conviction under Prevention of Corruption Act sustained on pre trap procedures and marked note recovery despite absence of certified recordings.

Indian Laws

2026 (3) TMI 502

Abuse of process in successive criminal registrations justified bail and protective restraint on coercive action pending investigation.

Indian Laws

2026 (3) TMI 501

Clarity of judicial directions: contempt cannot enforce vague orders; parties may challenge executive orders by writ for clear compliance directions.

Indian Laws





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