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Recent Case Laws

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2026 (8) TMI 784

GST registration cancellation disputes involving contested facts must ordinarily proceed through revocation and statutory appeal remedies.

GST

2026 (8) TMI 783

GST registration cancellation appeals require merits consideration when genuine technical non-compliance and lack of notice cause delayed filing.

GST

2026 (8) TMI 782

Neutral adjudication under Section 74 is mandatory; prejudicial notices fail despite preserved time for fresh proceedings.

GST

2026 (8) TMI 781

Inherent criminal jurisdiction cannot restrain tax inspection or seizure actions; affected persons must pursue appropriate statutory, criminal, or constitutional remedies.

GST

2026 (8) TMI 780

GST registration cancellation cannot disregard material evidence establishing genuine business operations at the registered premises.

GST

2026 (8) TMI 779

GST waiver jurisdiction follows the recovery proper officer where a combined tax order covers multiple state operations.

GST

2026 (8) TMI 785

Retrenchment compensation treatment makes BSNL voluntary retirement payments eligible for tax exemption despite omission in original returns.

Income Tax

2026 (8) TMI 770

Statutory deadline for Interim Board settlement applications cannot restart after administrative transfer, rendering late orders without jurisdiction.

Income Tax

2026 (8) TMI 769

Identity-theft defence permits reassessment to continue, but Revenue must prove taxpayer involvement after non-involvement is substantiated.

Income Tax

2026 (8) TMI 768

Discounted Cash Flow valuation can reflect a new company's commercial potential without Assessing Officer substitution of expected returns.

Income Tax

2026 (8) TMI 767

Audited accounts and reliable internal comparables prevent presumptive profit assessment and support CUP over TNMM for project-office pricing.

Income Tax

2026 (8) TMI 766

Section 264 revision protects against double taxation despite an expired revised-return period, requiring merits-based examination of over-assessment claims.

Income Tax

2026 (8) TMI 439

Benami ownership requires proof of consideration and beneficial ownership, with cross-examination required for retracted foundational statements.

Benami Property

2026 (8) TMI 438

Provisional attachment requires evidence of alienation risk; prior Income Tax Department custody made attachment unsustainable.

Benami Property

2026 (8) TMI 347

Benami share ownership established by routed consideration, but freezing shares outside identified attachment proceedings was invalid.

Benami Property

2026 (8) TMI 346

Benami property attachment requires verified funding, control, and transaction evidence; incomplete investigation led to remand for reinvestigation.

Benami Property

2026 (8) TMI 256

Benami claim bar cannot reject a joint family property plaint unless pleadings plainly disclose a statutory benami transaction.

Benami Property

2026 (8) TMI 255

Benami routing through RTGS credits sustained attachment where alleged gold sales lacked independent evidence and cross-examination caused no prejudice.

Benami Property

2026 (8) TMI 743

Import General Manifest accuracy makes steamer agents liable for unexplained cargo deficiencies despite shipper-supplied bill-of-lading particulars.

Customs

2026 (8) TMI 742

Prospective notification amendments cannot bar consideration of provisional release for imports covered by earlier bills of lading.

Customs

2026 (8) TMI 741

Prospective operation of customs notification amendments requires provisional release requests to be assessed under the pre-amendment import position.

Customs

2026 (8) TMI 740

Provisional release rights prevent continued customs detention solely due to pending investigation, subject to conditions securing revenue interests.

Customs

2026 (8) TMI 739

DFIA input classification treats Vital Wheat Gluten as wheat flour, preventing seizure without sustainable confiscation grounds.

Customs

2026 (8) TMI 738

Tariff classification of automotive control units follows functional characteristics, requiring Revenue to prove any alternative motor-vehicle-parts classification.

Customs

2026 (8) TMI 735

Functus officio bars intervention and recall in concluded writ proceedings without a demonstrated subsisting affected right.

Companies Law

2026 (8) TMI 734

Pre-emptive share-transfer rights void outsider transfers that bypass Board-led member offers and prescribed valuation procedures under company articles.

Companies Law

2026 (8) TMI 600

Locus standi in winding-up proceedings bars a former director's individual appeal after the issue attained finality.

Companies Law

2026 (8) TMI 528

Order XXXIX Rule 3 compliance sustained interim protection and permitted civil recovery proceedings alongside continued SFIO investigation into provident-fund defalcation.

Companies Law

2026 (8) TMI 527

Foreign judgment enforcement supports interim asset disclosure and restraints without prior re-adjudication where jurisdiction remains unrebutted.

Companies Law

2026 (8) TMI 427

Unpaid security-service claims may be submitted for consideration through the ongoing corporate insolvency resolution process.

Companies Law

2026 (8) TMI 733

Mitigating factors can reduce statutory minimum penalties where no overriding clause applies, while ineffective notice invalidates enforcement orders.

SEBI

2026 (8) TMI 654

Void securities cannot be transferred after acceptance of a regulatory invalidation order, and inconsistent conduct is precluded.

SEBI

2026 (8) TMI 599

Statutory complaint requirement bars cognizance on police reports, while FIRs lacking cheating ingredients warrant partial quashing.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes bar writ jurisdiction where contractual arbitration and exchange grievance mechanisms remain 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 pending appeal may follow arguable issues on prosecution, penalties, fines, and directorial status.

SEBI

2026 (8) TMI 653

Limitation in personal guarantor insolvency bars stale Section 94 filings and permits threshold rejection without a Resolution Professional.

IBC

2026 (8) TMI 598

Corporate criminal liability under IBC Section 32A remained unresolved as the special leave petition was dismissed without further reasoning.

IBC

2026 (8) TMI 526

Fraud classification orders remain valid when audit findings are adopted and affected parties receive a meaningful opportunity to respond.

IBC

2026 (8) TMI 525

Resolution plan distributions remained enforceable because the pending Supreme Court challenge carried no stay on redistribution directions.

IBC

2026 (8) TMI 426

Insolvency jurisdiction covers directions requiring suspended directors to assist in identifying and recovering leased corporate debtor assets.

IBC

2026 (8) TMI 425

Insolvency professional replacement remains Committee of Creditors-controlled absent exceptional circumstances demonstrating grounds for tribunal intervention.

IBC

2026 (8) TMI 165

Proof of actual software receipt is required for foreign-exchange remittances; authorised company officers remain liable without due diligence.

FEMA

2026 (8) TMI 164

Foreign-exchange compliance breaches in share transfers and escrow security arrangements sustained, while chairman's residential-status charge failed.

FEMA

2026 (8) TMI 106

Company officer liability for neglected export-proceeds compliance retained, while monetary penalty was reduced to the pre-deposit.

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 pre-prosecution notice and speedy trial rights require termination where cognizance lacks compliance and prosecutorial delay persists.

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 (8) TMI 732

Default bail and money-laundering bail conditions require timely complaint filing and satisfaction of statutory twin conditions for release.

Money Laundering

2026 (8) TMI 597

Special Court cognizance is mandatory before scheduled-offence committal, protecting a substantially concluded trial and speedy-trial rights.

Money Laundering

2026 (8) TMI 596

PMLA twin conditions for regular bail remain unmet where digital evidence and an unresolved money trail indicate laundering.

Money Laundering

2026 (8) TMI 524

Bona fide purchaser claims over attached plots require proof of payment, valid transactions, and absence of collusion.

Money Laundering

2026 (8) TMI 424

Provisional attachment powers require reason to believe property represents proceeds of crime; special leave petitions were dismissed.

Money Laundering

2026 (8) TMI 423

Article 226 judicial review permits challenge to an ECIR and consequential money-laundering action despite its internal administrative character.

Money Laundering

2026 (8) TMI 731

Erroneous service tax classification permits refund to the burden-bearing recipient without limitation or unjust-enrichment bar where no levy existed.

Service Tax

2026 (8) TMI 730

Service classification and taxability disputes fall within rate-of-duty questions, placing appellate jurisdiction with the Supreme Court.

Service Tax

2026 (8) TMI 729

Statutory appellate remedy before CESTAT remains available, with conditional protection from coercive action during appeal pursuit.

Service Tax

2026 (8) TMI 728

Repeated adjournments and appellant non-appearance trigger Tribunal default procedures and reinforce the duty to ensure timely justice.

Service Tax

2026 (8) TMI 727

Segregable goods in photography contracts remain outside service-tax valuation when separately sold and subjected to VAT.

Service Tax

2026 (8) TMI 652

Service tax classification distinguishes copyright transfers from taxable services and requires consideration for a qualifying underlying activity.

Service Tax

2026 (8) TMI 726

Product-specific anaesthetic exemption applies to Nitrous Oxide I.P. supplied to traders without implied end-use restrictions.

Central Excise

2026 (8) TMI 725

Refund interest on appellate pre-deposits remains limited to the notified statutory rate from payment until refund.

Central Excise

2026 (8) TMI 724

Cenvat credit reversal demands fail where import documents and statutory returns negate higher liability and suppression.

Central Excise

2026 (8) TMI 644

MRP declaration rules distinguish industrial and institutional consumers, determining Chapter II exclusion and excise valuation based on retail price.

Central Excise

2026 (8) TMI 643

Extended limitation for inadmissible CENVAT credit applies where pre-exemption input-service invoices were concealed through fragmented return disclosures.

Central Excise

2026 (8) TMI 642

Procedural delay in monthly duty statements does not defeat otherwise valid area-based exemption refunds or self-credit.

Central Excise

2026 (8) TMI 723

VAT penalty for missing transit form fails where exempt imported goods create no VAT liability.

VAT / Sales Tax

2026 (8) TMI 722

Due service and territorial tax jurisdiction invalidate a demand where portal records conflict and out-of-state turnover remains unverified.

VAT / Sales Tax

2026 (8) TMI 514

Composition-tax benefit remains available when out-of-State liquor resale is separately taxed at the normal rate.

VAT / Sales Tax

2026 (8) TMI 414

Form-38 correction-marker irregularity cannot sustain penalty absent evidence of tax evasion or attempted evasion for non-resale machinery imports.

VAT / Sales Tax

2026 (8) TMI 324

Contractual tax-payment disputes subject to an invoked arbitration clause must proceed through arbitration, not Article 226 writ jurisdiction.

VAT / Sales Tax

2026 (8) TMI 323

Transfer of right to use identifiable payment terminals attracts VAT despite supplier ownership, maintenance duties and operational controls.

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 721

Defective criminal charges remain curable where accused had notice and suffered no prejudice, preventing an unnecessary de novo trial.

Indian Laws

2026 (8) TMI 638

Criminal process for money recovery rejected where a flat-sale dispute remained civil and cognizance was properly refused.

Indian Laws

2026 (8) TMI 590

Cheque dishonour presumptions prevailed where admitted issuance and signature were met only by partially proven repayment.

Indian Laws

2026 (8) TMI 589

Personal liability for trust-related cheque dishonour remained unproved after presumptions were rebutted, supporting acquittal.

Indian Laws

2026 (8) TMI 588

Net Owned Fund compliance remains mandatory despite pending amalgamation proposals, supporting registration cancellation without creating permanent regulatory stigma.

Indian Laws

2026 (8) TMI 413

Article 32 quashing requires exceptional circumstances, while distinct cyber-fraud transactions may remain subject to separate FIR investigations.

Indian Laws


Highlights
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