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Recent Case Laws

View All
2026 (3) TMI 499

Consideration as inducement: regulatory fees for tariff and licence functions are not taxable supplies and fall outside GST coverage.

GST

2026 (3) TMI 425

Condonation of delay: court permits out-of-time appeal if filed within a fortnight and requires merits-based disposal.

GST

2026 (3) TMI 424

Demand Limitation in Show Cause Notices: confirmation beyond proposed amount requires setting aside and fresh adjudication.

GST

2026 (3) TMI 405

GST Registration restoration after administrative withdrawal of cancellation, with directions for restoration and intimation.

GST

2026 (3) TMI 404

Restoration of GST registration on compliance with Rule 22(4) proviso; authorities must consider and restore within directed time.

GST

2026 (3) TMI 403

Pretrial custody and documentary evidence: regular bail granted where custodial interrogation is unnecessary and recovery remedies exist.

GST

2026 (3) TMI 498

Condonation of delay denied for an excessively late Special Leave Petition; petition dismissed for failure to show sufficient cause.

Income Tax

2026 (3) TMI 497

Obligation to Make Submissions: petitioner must appear before AO, furnish information and make full submissions; discretionary review refused.

Income Tax

2026 (3) TMI 496

Eligibility cut-off for settlement applications upheld; challenges to amendment-based disqualification dismissed, SLPs filed were refused.

Income Tax

2026 (3) TMI 495

Provisional attachment requires tangible material and minimum procedural safeguards; permitting deposit protects honest taxpayers.

Income Tax

2026 (3) TMI 494

Purpose test confirms sales tax subsidy is a capital receipt as consideration for capital investment, appeal allowed.

Income Tax

2026 (3) TMI 493

Condonation of delay due to Covid-19 limitation exclusion permits remittal for fresh adjudication of tax exemption claims.

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 480

Immediate suspension of a customs broker licence requires recorded reasons and an evidential Regulation 17 inquiry before continuation.

Customs

2026 (3) TMI 479

Beneficial owner concept not retroactive; buyer after home consumption clearance is not liable for customs reassessment.

Customs

2026 (3) TMI 478

Expert Test Report Insufficiency: non categorical chemical reports and denial of cross examination preclude reclassification and penalties.

Customs

2026 (3) TMI 477

Classification of imported metal scrap: absent expert proof of serviceability, items treated as scrap and penalties unjustified.

Customs

2026 (3) TMI 452

Prohibited Goods: cosmetics imported without mandatory regulatory registration are not eligible for warehousing or automatic re export relief.

Customs

2026 (3) TMI 451

Provisional release on security: boat may be released upon cash deposit and bond while ISFTA classification remains pending.

Customs

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 (3) TMI 258

Validation under Section 536(2): court may validate bona fide post-petition dispositions to enable completion and protect public interest.

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 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 253

Provisional attachment upheld where prima facie evidence links property to proceeds of crime via placement, layering and conversion into gold.

Money Laundering

2026 (3) TMI 252

Provisional attachment under PMLA upheld where tracing of proceeds through corporates to recipients supports confirmation.

Money Laundering

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 440

Business Auxiliary Service characterization: documented cost sharing reimbursements without margin are not taxable consideration, so no service tax liability.

Service Tax

2026 (3) TMI 439

Mistake apparent on record bars ROM relief where contemporaneous admissions and record evidence fix the factual characterisation.

Service Tax

2026 (3) TMI 438

Extended limitation period requires proof of fraud or suppression; absent such proof, extended limitation cannot be invoked.

Service Tax

2026 (3) TMI 437

Separate invoicing controls service classification: distinct logistics activities taxed by their specific service head, not as a bundled service.

Service Tax

2026 (3) TMI 436

Business Auxiliary Service: services taxable on merits but demand quashed where extended-period finding attained finality.

Service Tax

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 408

Valuation for excise: discounts on demo vehicles must be included under valuation rules and binding precedents, sustaining Revenue's determination.

Central Excise

2026 (3) TMI 407

Fruit juice drink classification: products with at least 5% juice fall under the juice based tariff; related environmental services qualify for cenvat credit.

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 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

2026 (3) TMI 345

Look-Out Circulars must be sparingly used and may be quashed absent material showing deliberate evasion; travel subject to court permission.

Indian Laws

2026 (3) TMI 302

Final order protection preserves vested benefits against later conflicting directions; non-parties may pursue review or tribunal remedies.

Indian Laws

2026 (3) TMI 301

Protection against self-incrimination bars compulsory custodial interrogation; anticipatory bail ordered where accused cooperates with investigation.

Indian Laws

2026 (3) TMI 249

Registrar's power to cancel partnership registration is not implied; cancellation quashed and registration restored.

Indian Laws





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