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Recent Case Laws

View All
2026 (4) TMI 1650

Contractual GST reimbursement under a works contract survived missing schedule documents, and arbitrary refusal was held unlawful.

GST

2026 (4) TMI 1649

Curative GST refund formula amendment held retrospective, restoring entitlement to inverted duty structure refunds.

GST

2026 (4) TMI 1648

GST demand notice must clearly specify proposed penalty in Form DRC-01 before adjudication can sustain confirmation.

GST

2026 (4) TMI 1647

Refund claims under GST can be filed again for omitted invoices; no express bar applies to a second application.

GST

2026 (4) TMI 1646

Sufficient cause for GST appeal delay accepted, as statutory changes and portal issues justified condonation and remand on merits.

GST

2026 (4) TMI 1645

GST advance ruling binding effect confirms 18% rate for identical work contract supplies under the statutory scheme.

GST

2026 (4) TMI 1640

Section 10B deduction cannot be restricted under anti-abuse rules without proof of a profit-shifting arrangement.

Income Tax

2026 (4) TMI 1639

Condonation of delay in Form 10-IC filing allowed where statutory benefit was not contingent on timely return filing.

Income Tax

2026 (4) TMI 1638

Mandatory time-bound remand directions must be obeyed; later show-cause notices issued without extension are liable to be quashed.

Income Tax

2026 (4) TMI 1637

Resolution plan extinguishes prior tax liabilities, so reassessment proceedings for those claims cannot continue.

Income Tax

2026 (4) TMI 1636

Reopening based on seized register entries without live nexus to the assessee was held invalid and quashed.

Income Tax

2026 (4) TMI 1635

Mistaken unit comparison cannot sustain unaccounted production addition without independent incriminating material.

Income Tax

2026 (4) TMI 807

Benami attachment and traced proceeds: wrong property description was curable, while bogus share premium remained attachable as property.

Benami Property

2026 (4) TMI 806

Benami proceedings survive criminal acquittal where fund flow and layering evidence support reasons to believe and provisional attachment.

Benami Property

2026 (4) TMI 805

Benami evidence can rely on income-tax search material when corroborated by documents, electronics, and supporting statements.

Benami Property

2026 (4) TMI 765

Benami attachment upheld on cumulative evidence, corroborated tax-search statements and no automatic right to cross-examination.

Benami Property

2026 (4) TMI 715

Sufficient cause for recall of ex parte orders rejected where repeated non-appearance was unexplained and additional documents could not be admitted.

Benami Property

2026 (4) TMI 386

Benami cash routed through controlled entities may remain attachable even after conversion into business assets and tax payment.

Benami Property

2026 (4) TMI 1607

Retrospective operation of import restrictions denied where goods arrived before effective publication; clearance allowed without authorisation.

Customs

2026 (4) TMI 1606

Anti-dumping duty levy on titanium dioxide imports failed after the underlying notification was quashed, with refund directed.

Customs

2026 (4) TMI 1605

Appellate forum under the Customs Act depends on the officer's adjudicatory capacity, not a mistaken appeal reference in the order.

Customs

2026 (4) TMI 1604

G-card debarment under customs broker regulations cannot exceed the prescribed period; penalty must stay within the statutory cap.

Customs

2026 (4) TMI 1603

Customs broker licence revocation fails without credible evidence linking the broker to disputed export transactions.

Customs

2026 (4) TMI 1602

Procedural lapse in delayed import documents led to reduced fine, while absence of knowing false declarations defeated penalty.

Customs

2026 (4) TMI 953

Delay in refiling company appeal not condoned where medical explanation was unsubstantiated and multiple appellants could have supported it.

Companies Law

2026 (4) TMI 1445

Continuing possession by a Liquidator upheld where premises remained relevant to an unfinished liquidation and prior identical relief failed.

Companies Law

2026 (4) TMI 1094

Oppression and mismanagement relief is barred by acquiescence, while Section 77 claims require strict proof of financial assistance.

Companies Law

2026 (4) TMI 1093

Execution through statutory mechanism, not fresh petition, bars re-litigation of closed company-law issues.

Companies Law

2026 (4) TMI 1009

Continuing oppression and mismanagement can defeat delay objections where documentary records support exclusion and shareholding changes.

Companies Law

2026 (4) TMI 1008

Interim status quo orders in company disputes will stand absent clear error or prejudice to the parties.

Companies Law

2026 (4) TMI 878

Procedural objection raised too late, with no shown prejudice, led the Supreme Court to decline interference under Article 136.

SEBI

2026 (3) TMI 1648

Fraudulent trading and minimum public shareholding breaches upheld; debarment reduced on proportionality, and appeals dismissed.

SEBI

2026 (3) TMI 1596

No ground to interfere with the tribunal order; the civil appeals were dismissed after delay was condoned.

SEBI

2026 (3) TMI 1380

Show-cause notice response time granted as Supreme Court dismisses appeal and leaves remaining merits open.

SEBI

2026 (3) TMI 1255

Promoter-group status and connected trading can support minimum public shareholding breach and fraudulent market conduct findings.

SEBI

2026 (3) TMI 1086

Fraud and disclosure: post facto shareholder ratification cannot validate diversion of issue proceeds; regulatory penalties restored.

SEBI

2026 (4) TMI 1597

Resolution plan rejection upheld for nondisclosure, avoidance-transaction defects, and CIRP non-compliance despite committee approval.

IBC

2026 (4) TMI 1596

Post-liquidation claims are not admissible where the liability arose after the liquidation commencement date.

IBC

2026 (4) TMI 1579

Conflict disclosure and professional disability bar continued representation by liquidator's counsel after conviction and licence suspension.

IBC

2026 (4) TMI 1518

IBC cannot serve as a decree-execution tool where debt quantum is disputed and the debtor remains solvent.

IBC

2026 (4) TMI 1517

Interim moratorium under insolvency law begins on registration of a Section 95 petition, not mere filing.

IBC

2026 (4) TMI 1444

Committee of Creditors' choice of resolution professional prevails absent bias, misconduct, or statutory disqualification under insolvency law.

IBC

2026 (4) TMI 871

FEMA liability and discretionary penalty reduction: managing director remained liable, sleeping directors were exonerated, and penalty was scaled back.

FEMA

2026 (4) TMI 699

NRNR account contravention: prior violations remain punishable after omission, but confiscation needs recorded reasons.

FEMA

2026 (4) TMI 531

Direct buyer-paid export commission need not form repatriable proceeds, and penalty fails without personal knowledge evidence.

FEMA

2026 (4) TMI 530

Retracted statements can support FEMA contravention when corroborated, while penalties may be reduced on equitable grounds.

FEMA

2026 (4) TMI 436

Export realisation and director liability under FEMA upheld where exporters failed to prove recovery steps or absence of knowledge.

FEMA

2026 (4) TMI 1362

Foreign summary judgment and enforcement limits under Indian law when real adjudication and regulatory permission are absent

FEMA

2026 (4) TMI 801

Cartel evidence through emails upheld, with partner liability and penalty principles sustained under competition law.

Law of Competition

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

2026 (4) TMI 1595

Restitution from attached assets: court orders audit-cost allocation, website data transfer, and further asset seizure steps.

Money Laundering

2026 (4) TMI 1594

CBI report to be kept on record and circulated as Calcutta HC lists the matter for the next date

Money Laundering

2026 (4) TMI 1516

Provisional attachment under PMLA upheld as equivalent-value assets and prima facie laundering nexus were established.

Money Laundering

2026 (4) TMI 1439

Money-laundering proceedings may survive later inclusion of scheduled offences, and attachment stands without proof of lawful source of funds.

Money Laundering

2026 (4) TMI 1361

Provisional attachment of bank accounts may be relaxed against an equivalent fixed deposit, with automatic revival on default.

Money Laundering

2026 (4) TMI 1278

Territorial jurisdiction in writ petitions requires a real causal nexus; incidental presence of the authority in Delhi was insufficient.

Money Laundering

2026 (4) TMI 1593

Taxability disputes fall within the rate-of-duty exclusion, leaving High Court appeal under excise law not maintainable.

Service Tax

2026 (4) TMI 1592

Composite mining contracts cannot be split: excavation and extraction activities were held taxable only under mining services.

Service Tax

2026 (4) TMI 1591

Multi-level marketing commissions are taxable as service, but extended limitation failed and demand was confined to the normal period.

Service Tax

2026 (4) TMI 1590

Rule 6 Cenvat reversal not triggered for job-work intermediates used in dutiable final products.

Service Tax

2026 (4) TMI 1589

Secondment as manpower supply service can attract service tax where host control and reimbursement arrangements exist.

Service Tax

2026 (4) TMI 1588

Rent-a-Cab classification fails where buses remain under supplier control and the arrangement is treated as transport service.

Service Tax

2026 (4) TMI 1585

Mandatory restriction on CENVAT credit during default sustained, with cash duty recovery and reduced penalty upheld.

Central Excise

2026 (4) TMI 1584

Concrete Mix exemption depends on site-specific process and absence of RMC machinery; extended limitation fails without suppression.

Central Excise

2026 (4) TMI 1583

Interest on refunded duty deposits runs from deposit to actual refund, but no separate interest on delayed interest is payable.

Central Excise

2026 (4) TMI 1582

Redemption fine paid under erroneous SVLDRS insistence is refundable; it is not barred as a scheme settlement payment.

Central Excise

2026 (4) TMI 1581

Cenvat credit verification on imported goods: departmental report confirming Bills of Entry made remand unnecessary.

Central Excise

2026 (4) TMI 1508

CAS-4 valuation of captive goods and extended limitation require clear factual basis before demand can be enlarged.

Central Excise

2026 (4) TMI 1507

Tax recovery cannot proceed before service of demand orders; appeal time starts only after valid service.

VAT / Sales Tax

2026 (4) TMI 1502

Delayed VAT refund must carry statutory interest where excess tax is due and administrative excuses do not justify non-payment.

VAT / Sales Tax

2026 (4) TMI 1353

Entry tax on H.R. sheets and penalty issues remained undisturbed as delay was condoned and special leave dismissed.

VAT / Sales Tax

2026 (4) TMI 1352

Defective show cause notice defeats input tax credit reversal and penalty where the core factual basis was never addressed.

VAT / Sales Tax

2026 (4) TMI 1351

Hire-purchase and import sale claims failed where documents showed controlled delivery and no valid transit or high sea sale exemption.

VAT / Sales Tax

2026 (4) TMI 1350

Functional integrality of machine components defeated entry tax on Ball Mill parts and the related penalty.

VAT / Sales 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

2024 (12) TMI 664

ITAT recalls ex parte wealth tax orders after representative's death created compelling circumstances under Rule 24

Wealth-tax

2026 (4) TMI 1580

Confirmed trades and agency liability: client and broker remained liable despite lack of prior written authorisation.

Indian Laws

2026 (4) TMI 1506

Arbitral award challenge by legal representatives must be filed under Section 34; supervisory and revisional routes are barred.

Indian Laws

2026 (4) TMI 1424

Statutory presumption under cheque law stood unrebutted where the security-cheque defence was not proved.

Indian Laws

2026 (4) TMI 1423

Strict compliance under cheque dishonour notice rules: demand must match the cheque amount or prosecution fails.

Indian Laws

2026 (4) TMI 1069

Permissive arbitration clause held non-binding where it showed only a future possibility, not a present obligation to arbitrate.

Indian Laws

2026 (4) TMI 1068

Quantum meruit claim survives where no proved contract exists and Section 69(2) does not bar compensation.

Indian Laws





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