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Recent Case Laws

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2026 (10) TMI 859

Cash seizure under GST search powers requires clear statutory authority; alleged unaccounted-sale proceeds cannot justify retention.

GST

2026 (10) TMI 858

Show-cause notice limits prevent GST penalties absent from the notice, invalidating adjudication beyond its stated scope.

GST

2026 (10) TMI 857

Amended show-cause notice jurisdiction remains open pending reply, hearing, and determination of suppression allegations under GST law.

GST

2026 (10) TMI 856

Post-cancellation service of GST notices requires physical delivery where portal-only access may deprive taxpayers of notice.

GST

2026 (10) TMI 855

Statutory stay after GST appellate pre-deposit prevents adjustment of eligible refunds against disputed tax demands.

GST

2026 (10) TMI 854

Personal hearing rights require notice of a rescheduled hearing, invalidating ex parte adjudication without a communicated fresh date.

GST

2026 (10) TMI 849

Effective cross-examination safeguards assessments based solely on third-party evidence, requiring fresh determination when the opportunity is illusory.

Income Tax

2026 (10) TMI 848

Personal tax information remains protected under RTI when matrimonial maintenance procedures provide an independent route to financial disclosure.

Income Tax

2026 (10) TMI 847

Search-derived reassessment information: excluded preliminary procedure cannot extend limitation, rendering delayed reassessment notices without jurisdiction.

Income Tax

2026 (10) TMI 846

Revisionary review may rely on post-assessment valuation material, requiring fresh determination after hearing the assessee.

Income Tax

2026 (10) TMI 845

Dividend exemption depends on actual receipt in the relevant year, not a proposed dividend for another financial year.

Income Tax

2026 (10) TMI 844

Real income taxation excludes notional interest without contractual entitlement, while verified partner capital cannot be taxed twice.

Income Tax

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 (10) TMI 814

Benami cash transfers through proprietorship accounts may trigger limited attachment despite subsequent banking retransfer to the beneficial owner.

Benami Property

2026 (10) TMI 739

Benami transaction requirements cover legitimate funds when consideration and beneficial ownership conditions are met, leaving no review error.

Benami Property

2026 (10) TMI 655

Retroactive Benami enforcement applies procedural amendments, while evidence of funding and control supports property attachment.

Benami Property

2026 (10) TMI 491

Benami transaction indicators established beneficial ownership where the recorded purchaser lacked funds and acted on another's directions.

Benami Property

2026 (10) TMI 813

Rectification of customs orders cannot reopen penalty findings requiring fresh evidence review or a different legal interpretation.

Customs

2026 (10) TMI 812

Customs valuation requires reliable electronic evidence; unsupported extrapolation could not sustain undervaluation demands or related penalties.

Customs

2026 (10) TMI 811

Written acceptance of customs reassessment waives a speaking order only, while declared-value rejection requires prescribed procedural safeguards.

Customs

2026 (10) TMI 810

EPCG capital-goods treatment extends to furnace re-lining refractories, preserving zero-duty import eligibility for replacement and maintenance materials.

Customs

2026 (10) TMI 809

Tariff classification of automotive infotainment units places CBU and qualifying SKD car radio units under the specific radio-receiver heading.

Customs

2026 (10) TMI 808

Storage-server classification distinguishes processing units from external storage units while preserving end-use duty relief for qualifying manufacturing inputs.

Customs

2026 (10) TMI 806

Separate corporate personality prevents personal liability of non-executive directors for company deposits without an independent legal basis.

Companies Law

2026 (10) TMI 732

Civil jurisdiction over inherited company-held assets survives where statutory bars and benami objections require evidentiary determination.

Companies Law

2026 (10) TMI 731

Review jurisdiction excludes unclaimed capital-reduction refunds from Investor Education and Protection Fund transfer rules in this context.

Companies Law

2026 (10) TMI 730

Co-operative bank winding-up requires statutory inspection, reasons and a meaningful hearing; Reserve Bank requisition alone is insufficient.

Companies Law

2026 (10) TMI 649

Fair valuation-based buy-out directions were stayed pending appeal amid disputed valuations and minority shareholder exclusion concerns.

Companies Law

2026 (10) TMI 648

Representative stakeholder remedies cannot be pursued individually to reopen concluded oppression and mismanagement proceedings or challenge class-wide final relief.

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 1675

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

SEBI

2026 (10) TMI 647

Director Liability for Regulatory Refunds Survives Resignation When Tenure Overlaps Investor Fund Mobilisation and Final Recovery Directions

SEBI

2026 (10) TMI 646

Inspection rights in regulatory proceedings exclude electronic material outside the record and not relied upon

SEBI

2026 (10) TMI 402

Finality of unchallenged adjudication orders preserves recovery of fees collected through unregistered investment advisory services after appellate challenge fails.

SEBI

2026 (10) TMI 319

Cross-segment derivatives price manipulation triggers interim market-access restraints, asset preservation, and disclosure obligations pending investigation.

SEBI

2026 (10) TMI 805

Recall for alleged affidavit fraud fails without material deception; indirect liquidation stakeholders cannot join disciplinary proceedings.

IBC

2026 (10) TMI 729

Clean slate protection extinguishes excluded water-charge claims after resolution-plan approval, preventing recovery from the corporate debtor.

IBC

2026 (10) TMI 728

CIRP restoration discretion requires record-based reasons before liquidation can override a unanimous creditor decision on value maximisation.

IBC

2026 (10) TMI 727

Agreement-Based Security Interests Exclude Statutory Tax Charges from Secured-Creditor Priority in Corporate Insolvency Resolution Processes

IBC

2026 (10) TMI 726

Interim Stay of Insolvency Professional Suspension Refused Where Disciplinary Findings Showed Prima Facie Regulatory Breaches

IBC

2026 (10) TMI 645

Resolution-plan clean slate permits surviving debtor claims while limiting extinguished operational creditor claims to defensive set-off in arbitration.

IBC

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 (10) TMI 804

Conflict-of-interest qualifying conditions extend uniformly to borrowers, subsidiaries and associates of a credit rating agency's promoter.

FEMA

2026 (10) TMI 477

FERA civil penalties do not require mens rea, while proportionality review permits interference only for shocking excess.

FEMA

2026 (10) TMI 476

FEMA evidence rules uphold corroborated electronic records but reject liability founded solely on unsupported extrapolated import transactions.

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 (10) TMI 803

Temporary protection from coercive action enabled statement recording while preserving the investigation and leaving the underlying allegations unresolved.

Money Laundering

2026 (10) TMI 802

Proceeds of crime analysis confirmed property attachment where a cumulative money trail linked escrow funds to its acquisition.

Money Laundering

2026 (10) TMI 725

Freezing orders under anti-money-laundering law need not state reasons where statutory adjudication and appellate remedies remain available.

Money Laundering

2026 (10) TMI 724

Money-laundering attachment for unauthorised Tramadol exports survives where destination concealment and quantified proceeds of crime are established.

Money Laundering

2026 (10) TMI 644

Likelihood of concealment limits attachment of seized or mortgaged assets, while equivalent-value property may secure dissipated proceeds.

Money Laundering

2026 (10) TMI 575

Money-laundering bail restrictions leave regular bail refusal undisturbed when special leave review declines intervention.

Money Laundering

2026 (10) TMI 801

Bank guarantee encashment for cargo shortfall is penal recovery, not consideration for taxable tolerance of non-performance.

Service Tax

2026 (10) TMI 800

Export of services and CENVAT credit remain available despite domestic certificate use and verified invoice typing errors.

Service Tax

2026 (10) TMI 723

Service-tax clarification powers: jurisdictional authorities cannot issue binding liability clarifications outside statutory adjudication or the advance-ruling framework.

Service Tax

2026 (10) TMI 722

Service tax timing depends on when commission-agent services were performed, not later commission receipt, preserving the applicable exemption.

Service Tax

2026 (10) TMI 721

Railway original works exemption protects composite infrastructure contracts, while shared tax data cannot alone establish suppression.

Service Tax

2026 (10) TMI 720

Works contract valuation and verified taxable receipts restrict differential service-tax demands involving ready-mix concrete production activities.

Service Tax

2026 (10) TMI 799

Extended Excise Limitation Requires Proven Wilful Suppression and Intent; Procedural Lapses Alone Cannot Support Recovery or Penalty

Central Excise

2026 (10) TMI 798

Exclusive appellate jurisdiction routes intermediary-service classification and export taxability disputes through the statutory rate-and-valuation appeal mechanism.

Central Excise

2026 (10) TMI 797

Transitional KKC refunds: timely original filings and show-cause notice limits support cash refunds with interest.

Central Excise

2026 (10) TMI 796

CENVAT Credit on Steel Fabrications Extends to Machinery Spares, Accessories and Necessary Supporting Structures for Eligible Sugar Manufacturing Equipment

Central Excise

2026 (10) TMI 795

Job-Work Permission Does Not Override Duty Conditions for Electricity Generated from Duty-Free Inputs Supplied to Domestic Tariff Area Units

Central Excise

2026 (10) TMI 794

CENVAT credit reversal on inputs removed as such prevents their treatment as trading or exempted service.

Central Excise

2026 (10) TMI 707

Prior sanction for specified fiscal offences does not shield independent forgery charges involving disputed tax-evasion transactions.

VAT / Sales Tax

2026 (10) TMI 467

CERSAI-registered security interests take priority over unregistered GST charges, invalidating restraints on NOCs for secured assets.

VAT / Sales Tax

2026 (10) TMI 466

Self-assessed VAT refunds remain payable when no assessment, audit, or void arrangement proceedings justify withholding them.

VAT / Sales Tax

2026 (10) TMI 450

Non-interference with a VAT order left the challenged ruling intact and ended the special leave petition.

VAT / Sales Tax

2026 (10) TMI 388

Physical Form at Sale Governs Fiscal Classification, Leaving Powder and Biscuit Drink Preparations Under Residuary Treatment

VAT / Sales Tax

2026 (10) TMI 299

Statutory Preconditions for Tax Scrutiny Bar Proceedings Without Notice, Timely Action, and Gazette-Notified Delegated Authority

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

2026 (10) TMI 3

Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.

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 (10) TMI 706

Third-party possession objections require adjudication before coercive recovery can displace a claimant from auctioned property.

Indian Laws

2026 (10) TMI 569

Quashing limits in cheque dishonour disputes require trial where cheque identity and evidentiary effect remain factually contested.

Indian Laws

2026 (10) TMI 465

Disciplinary misconduct proceedings continue despite complaint withdrawal, while review requires demonstrable grounds and Article 226 intervention remains limited.

Indian Laws

2026 (10) TMI 464

Additional evidence under Section 311 CrPC may be admitted after closure when necessary to explain disputed payment records.

Indian Laws

2026 (10) TMI 463

Limited public-policy review preserves maritime arbitral awards where untimely bias challenges and unjustified termination fail.

Indian Laws

2026 (10) TMI 462

Section 37 bail conditions can be met where prolonged custody and weak contraband linkage support regular bail.

Indian Laws


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