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Recent Case Laws

View All
2026 (3) TMI 582

Seizure under Section 67 invalid without recorded reason to believe; seized items must be returned if no six-month notice issued.

GST

2026 (3) TMI 581

Statutory Pre-Deposit cannot be waived in writ jurisdiction; appeals require mandatory deposit absent extraordinary circumstances.

GST

2026 (3) TMI 580

Parity in bail entitlement: petitioner granted regular bail on same terms as co-accused due to equal position and prolonged custody.

GST

2026 (3) TMI 579

Right to fair hearing: denial of timely disclosure and cross-examination requires remand for fresh inquiry.

GST

2026 (3) TMI 578

Refund claim review required where authority failed to address contractual, intermediary and IGST Act applicability; remand for fresh adjudication ordered.

GST

2026 (3) TMI 577

Procedural fairness and fresh evidence require remand for reconsideration of TRAN credit rejections, permitting Authority to reassess supporting records.

GST

2026 (3) TMI 564

Disallowance under Section 14A: deletion upheld where AO failed to record dissatisfaction and interest free funds covered investments.

Income Tax

2026 (3) TMI 563

Substantial question of law controls appeals; concurrent factual findings supported by evidence cannot be reappreciated on appeal.

Income Tax

2026 (3) TMI 562

Amalgamation effect: Notices or assessments issued in the name of a dissolved transferor, after intimation, are jurisdictionally void.

Income Tax

2026 (3) TMI 561

Procedural Non Compliance should not extinguish substantive tax exemption; entitlement must be considered and remitted for fresh merit assessment.

Income Tax

2026 (3) TMI 560

Transfer Pricing remand under 92CA(3) is governed by Section 153(3), so fresh orders are time barred after the statutory period.

Income Tax

2026 (3) TMI 559

Reassessment jurisdiction requires new tangible material; reopening on same examined facts invalidated and quashed in favour of the assessee.

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 521

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

Customs

2026 (3) TMI 520

Provisional release of goods and demurrage waiver issued; petition disposed after compliance while preserving challenge to the original order.

Customs

2026 (3) TMI 519

Abatement on death of party: appeal abates where no timely continuance application by legal representative is filed.

Customs

2026 (3) TMI 518

Retrospective anti dumping levy cannot be applied for the gap between provisional expiry and final notification; recovery is unsustainable.

Customs

2026 (3) TMI 517

Scope of Show Cause Notice: adjudication cannot rely on post-notice tests not referenced; contemporaneous reports prevail.

Customs

2026 (3) TMI 516

Misdeclaration of export particulars permits confiscation of misdeclared goods, but duty-paid liberalised import gold avoids automatic confiscation.

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 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 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 510

Appellate remedy under Section 86 affirmed; Tribunal may condone delay and coercive action stayed pending appeal disposal.

Service Tax

2026 (3) TMI 509

Supply of electricity to tenants treated as sale of goods, not a taxable service, so service tax demands set aside.

Service Tax

2026 (3) TMI 508

Transitional Credit of unsubsumed cesses denied because statutory transition and refund mechanisms do not cover those cesses.

Service Tax

2026 (3) TMI 507

Refund of Cenvat Credit: VCES payment does not bar refund of legitimately admissible input credit to exporters.

Service Tax

2026 (3) TMI 506

Taxability of Retention: a contractual 15% ledger retention from statutory port dues is not taxable as commission and cannot be double taxed.

Service Tax

2026 (3) TMI 441

Natural Justice failure in service led to order being set aside and remanded for fresh adjudication, subject to a deposit and hearing.

Service Tax

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 428

Transaction Value upheld where related-party status lacks evidence of influence on invoice price, so alternate valuation methods not applied.

Central Excise

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 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 (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 (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 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

2026 (3) TMI 500

Exhaustion of trademark rights: lawful acquisition and resale escape infringement unless refurbishing materially impairs quality or goodwill.

Indian Laws

2026 (3) TMI 471

Parity in bail is permissible only with identical roles; non-speaking bail orders require interference or remand.

Indian Laws

2026 (3) TMI 426

Arbitration agreement survives contract termination and resolution plan; referral court limited to prima facie existence, tribunal decides extinguishment.

Indian Laws





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