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Recent Case Laws

View All
2026 (7) TMI 636

Statutory interest rate on pre-deposit cannot be raised on equity when the governing provision fixes the rate.

GST

2026 (7) TMI 635

Sealed outlet de-sealing dispute under DGST search authorisation resolved by directions to produce books and decide in law.

GST

2026 (7) TMI 634

Parity in bail for economic offences needs a real change in circumstances and independent assessment of the accused's role.

GST

2026 (7) TMI 633

Retrospective Rule 89(5) amendment governs ITC refund claims and removes the refund-formula bar for input services.

GST

2026 (7) TMI 632

GST recovery must follow pre-notice intimation procedure; clarificatory amendment to self-assessed tax creates no new liability.

GST

2026 (7) TMI 631

IGST refund claim processing deferred until supporting documents are filed, with fresh merits consideration directed thereafter.

GST

2026 (7) TMI 626

Reopening based on invalid valuation reference fails where unamended Section 55A conditions were not met.

Income Tax

2026 (7) TMI 625

Fair hearing in assessment: enhanced addition without fresh notice was quashed and remitted for reconsideration.

Income Tax

2026 (7) TMI 624

Section 179 recovery against directors needs fair notice and foundational facts before corporate veil can be pierced.

Income Tax

2026 (7) TMI 623

Time-barred reassessment notice under Section 148 quashed after Revenue concession for AY 2015-16.

Income Tax

2026 (7) TMI 622

Limitation for reassessment turns on the signing date of the order, not the earlier date shown on its face.

Income Tax

2026 (7) TMI 621

Reassessment based on change of opinion was invalid where the Section 10AA deduction had already been examined and allowed.

Income Tax

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 538

Benami share transfer found where nominal payment, deferred consideration, and continued transferor control showed effective ownership remained unchanged.

Benami Property

2026 (7) TMI 537

Prior PMLA attachment did not invalidate benami attachment where the statute allowed an alternate provisional attachment route.

Benami Property

2026 (6) TMI 594

Alternate remedy in benami proceedings: writ challenges to notices and provisional attachment were withdrawn with liberty to approach the adjudicating authority.

Benami Property

2026 (6) TMI 197

Review order under benami law not separately appealable; Tribunal's restoration of appeals upheld as barred by civil procedure rules.

Benami Property

2026 (6) TMI 196

Benami transaction proved by unexplained funds and admitted use of another's name; provisional attachment upheld.

Benami Property

2026 (7) TMI 598

Classification dispute proceedings stayed pending Supreme Court decision; coercive recovery restrained until and shortly after disposal.

Customs

2026 (7) TMI 597

Provisional release of imported second-hand machinery upheld subject to customs conditions and final adjudication.

Customs

2026 (7) TMI 596

Retracted customs confession and uncorroborated statements cannot alone sustain penalty without independent corroborative evidence.

Customs

2026 (7) TMI 595

Tariff classification under Heading 8512 turns on whether the component itself emits the warning or signal, not merely processes data.

Customs

2026 (7) TMI 536

Anti-dumping writ review is limited where statutory appeal exists and no exceptional ground for interference is shown.

Customs

2026 (7) TMI 535

Fraudulent DEPB scrips and transferee liability referred to Larger Bench to settle duty, penalty and limitation issues

Customs

2026 (7) TMI 594

Special Companies Act procedure excludes BNSS pre-cognizance hearing in SFIO prosecutions before the Special Court.

Companies Law

2026 (7) TMI 379

Section 452 offence remains criminal; complaint for wrongful withholding of company property lies before the Judicial Magistrate.

Companies Law

2026 (7) TMI 378

Company law remedies in oppression cases are not barred by lack of consent where transactions are pleaded fraudulent or void.

Companies Law

2026 (7) TMI 332

Fraudulent preference in company property transfer led to void mutation entries and restoration of land records.

Companies Law

2026 (7) TMI 260

Interrogatories in oppression and mismanagement petitions may be allowed when they seek material facts and narrow the controversy.

Companies Law

2026 (7) TMI 259

Locus standi and bona fide purchaser protection secured release of plots; review could not reopen final winding-up directions.

Companies Law

2026 (7) TMI 593

Depository liability for participant misconduct upheld where supervisory safeguards failed and arbitral award was not patently illegal.

SEBI

2026 (6) TMI 717

Statutory appeal bars writ challenge to SEBI IPO approval; petitioner must use the appellate remedy instead.

SEBI

2026 (6) TMI 457

Insider trading and delayed disclosure under the PIT Regulations: SAT relief on trading findings, with penalty sustained for late reporting.

SEBI

2026 (6) TMI 14

PFUTP fraud and hedging principles: excess derivative positions were not manipulative, but disclosure breach remained

SEBI

2026 (6) TMI 1373

Negative futures settlement rates upheld where contract adopted external benchmark and writ relief could not rewrite final settlements.

SEBI

2026 (5) TMI 1383

Impleadment of minority shareholders upheld where the writ outcome directly affected their independent interest.

SEBI

2026 (7) TMI 533

Continuing personal guarantee remains enforceable where no lawful revocation or novation is shown, despite resignation and facility renewal.

IBC

2026 (7) TMI 532

Advance-payment supply disputes do not defeat insolvency where debt, default, and valid statutory notice are established.

IBC

2026 (7) TMI 531

Liquidation under the Insolvency and Bankruptcy Code upheld when no resolution plan emerged and creditors approved liquidation.

IBC

2026 (7) TMI 530

Inherent powers allow expungement of adverse remarks where CIRP irregularities stem from a statutory misunderstanding, not mala fides.

IBC

2026 (7) TMI 529

Resolution Professional disclosure rights: records linked to the corporate debtor must be produced even while ownership disputes continue.

IBC

2026 (7) TMI 528

Finality and res judicata barred a belated challenge to liquidation after prolonged non-implementation of the resolution plan.

IBC

2026 (7) TMI 330

FEMA penalty limits and power of attorney liability clarified: statutory fit and duplicate penalties for same acts were rejected.

FEMA

2026 (7) TMI 244

FEMA penalty set aside and remanded for fresh adjudication after unconsidered documents and bank communications were found relevant.

FEMA

2026 (7) TMI 243

Vicarious liability under FEMA requires strict proof of control and involvement before fastening penalty for export proceeds default.

FEMA

2026 (6) TMI 1371

FEMA contravention does not automatically void a sale deed; civil court relief was barred on the same issue.

FEMA

2026 (6) TMI 1106

Jurisdiction under repealed foreign exchange law failed where specific empowerment was absent for issuing show cause notices.

FEMA

2026 (6) TMI 1016

Review jurisdiction cannot reopen FEMA merits when statutory remedies remain available and no apparent error is shown.

FEMA

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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

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 (7) TMI 464

Unlawful assault claims during PMLA examination failed for lack of contemporaneous evidence and immediate complaint.

Money Laundering

2026 (7) TMI 463

Provisional attachment under PMLA: High Court follows earlier precedent and declines interference with tribunal relief

Money Laundering

2026 (7) TMI 242

Right to travel abroad may be denied on bail when medical necessity is unproven and flight risk threatens the criminal process.

Money Laundering

2026 (7) TMI 241

Special Court jurisdiction under PMLA extends to the scheduled offence after committal under Section 44(1)(c).

Money Laundering

2026 (7) TMI 240

Value of proceeds of crime can extend to earlier-acquired property; section 50 statements remain usable despite retraction.

Money Laundering

2026 (7) TMI 239

PMLA search and seizure upheld where lawful source of seized cash was not credibly proved and reasons were duly recorded.

Money Laundering

2026 (7) TMI 592

Section 73(4B) adjudication timeline is directory where delay is explained by the noticee's conduct and proceeding circumstances.

Service Tax

2026 (7) TMI 591

Educational institution exemption and suppression of facts: service tax demand, interest, and penalties sustained on the documentary record.

Service Tax

2026 (7) TMI 590

Interest on refunded service tax granted for wrongful retention of assessee's money pending refund.

Service Tax

2026 (7) TMI 589

Real Estate Agent and works contract tax demands fail where no agency element exists and actual-deduction valuation is supportable.

Service Tax

2026 (7) TMI 527

Royalty for technical know-how and documentation was not taxable as intellectual property right service under Indian service tax law.

Service Tax

2026 (7) TMI 526

Imported aluminium panels cannot claim Cenvat credit as moulds when their classification depends on condition at import

Service Tax

2026 (7) TMI 588

Suo motu Cenvat re-credit upheld where rebate entitlement was undisputed and recovery notice was quashed.

Central Excise

2026 (7) TMI 587

Modvat credit on fuel inputs used for an exempt intermediate product need not be reversed when final products are dutiable.

Central Excise

2026 (7) TMI 586

Suppression-based ineligible CENVAT credit justifies extended limitation and penalty when material facts are withheld.

Central Excise

2026 (7) TMI 585

Retrospective liability under Section 11D rejected for pre-commencement excise collections, with liability confined to post-20-09-1991 amounts.

Central Excise

2026 (7) TMI 584

Water-handling pump classification supports exemption under Heading 8413 and defeats duty demand, interest and penalties.

Central Excise

2026 (7) TMI 451

Cenvat credit denial fails where shortages are explained by processing losses and diversion is not proved.

Central Excise

2026 (7) TMI 583

Proceedings against a non-existent amalgamated company are void ab initio; assessment and attachment notices were set aside.

VAT / Sales Tax

2026 (7) TMI 449

Statutory first charge prevails over SARFAESI priority, preserving State tax recovery rights despite later CERSAI registration.

VAT / Sales Tax

2026 (7) TMI 448

Strict construction of exemption notification leaves Soya Flour outside tax relief and sustains sales tax levy

VAT / Sales Tax

2026 (7) TMI 447

Stock suppression findings and commodity-specific evidence justified different tax treatment, with revisional interference declined.

VAT / Sales Tax

2026 (7) TMI 446

Bullion classification: embossed gold coins are manufactured gold articles, not unwrought bullion, for tax purposes.

VAT / Sales Tax

2026 (7) TMI 364

Best judgment assessments set aside for doubtful notice service and remitted for fresh tax determination after hearing

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 (7) TMI 79

Rebuttable presumption in cheque dishonour cases defeated where debt is unproved and defence raises a probable explanation.

Indian Laws

2026 (7) TMI 522

Presumption of consideration under negotiable instrument law upheld where signatures were admitted and loan transaction was proved.

Indian Laws

2026 (7) TMI 445

Dishonoured cheque liability fails where the company was already dissolved and director responsibility was not specifically pleaded.

Indian Laws

2026 (7) TMI 320

Right to travel abroad under Article 21 may yield to pending trial, speedy justice, and passport restrictions in criminal cases.

Indian Laws

2026 (7) TMI 225

Foreign award enforcement turns on accrual of the right to apply, narrow public policy review, and surviving joint liability.

Indian Laws

2026 (7) TMI 224

Pre-trial quashing of a cheque dishonour complaint requires unimpeachable material; disputed settlement terms did not end proceedings.

Indian Laws





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