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Recent Case Laws

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2026 (9) TMI 1903

Arrest during court-directed GST appearance prompts interim release and scrutiny of officers' conduct over apparent procedural irregularities.

GST

2026 (9) TMI 1902

Parallel GST proceedings require identical subject matter; overlapping transactions and periods alone do not trigger the statutory bar.

GST

2026 (9) TMI 1901

Post-death GST penalty determination may proceed against legal representatives, with recovery restricted to the deceased's estate.

GST

2026 (9) TMI 1900

Natural justice in GST adjudication requires separate order intimation, effective hearing, and reasoned fresh determination.

GST

2026 (9) TMI 1899

Statutory appellate remedies limit GST writ intervention where disputed transaction facts require examination in statutory appeal.

GST

2026 (9) TMI 1898

Delay condonation must be heard before revocation merits are considered, invalidating premature rejection and appellate review.

GST

2026 (9) TMI 1893

TDS classification of external development charges remains unresolved after Special Leave Petition was dismissed for uncondoned filing delay.

Income Tax

2026 (9) TMI 1892

Release of seized cash requires proof of ownership plus a satisfactory explanation of its nature and acquisition source.

Income Tax

2026 (9) TMI 1891

Reassessment after scrutiny of employment deduction fails where authorities rely only on a change of opinion.

Income Tax

2026 (9) TMI 1890

Rational Nexus for Investor Reassessment Requires Material Linking the Investor to Sham Transactions or Fictitious Losses

Income Tax

2026 (9) TMI 1889

Belated refund claims require genuine hardship and claim verification, not a separate sufficient-cause inquiry for delayed filing.

Income Tax

2026 (9) TMI 1888

Tariff-related income-tax recovery disputes require regulatory adjudication on disputed facts rather than resolution through writ jurisdiction.

Income Tax

2026 (9) TMI 969

Benami property claims cannot enforce ownership or possession through post-commencement suits, even where the underlying sale predates the prohibition.

Benami Property

2026 (9) TMI 1390

Final tax adjudication findings negating benami transactions and confirming disclosure undermined prosecution, requiring quashing of criminal proceedings.

Benami Property

2026 (9) TMI 1229

Benami confiscation takes precedence over a subsequent secured mortgage, leaving lenders to pursue alternate collateral and statutory claims.

Benami Property

2026 (9) TMI 1140

Prior approval for benami property attachment requires statutory notice and recorded reasons before the approval process begins.

Benami Property

2026 (8) TMI 1545

Benami property exceptions protect a father's purchase in minor children's names from statutory bar and plaint rejection.

Benami Property

2026 (8) TMI 1327

Benami transaction definition requires owner's lack of knowledge; acknowledged share allotment and buy-back consideration defeated the statutory claim.

Benami Property

2026 (9) TMI 1858

Duty-free EOU imports: clarificatory circular permitted inputs for capital goods, invalidating seizure and show-cause action.

Customs

2026 (9) TMI 1857

Tariff-rate quota eligibility supports customs-duty refunds for qualifying crude soybean oil imports within the prescribed shipping and landing periods.

Customs

2026 (9) TMI 1856

SAFTA preferential treatment protects assessed garment imports from unsubstantiated IPR, origin and valuation-based detention claims.

Customs

2026 (9) TMI 1855

Interest on delayed customs-duty refunds runs from the statutory post-application period despite appellate proceedings and later refund sanction.

Customs

2026 (9) TMI 1854

Interest on customs duty refunds runs from investigation deposit when duty was never lawfully payable.

Customs

2026 (9) TMI 1853

Capital-goods classification covers thermic fluids initially charged into and indispensable to continuous polycondensation plant operations, supporting customs-duty exemption.

Customs

2026 (9) TMI 1852

Private complaints for corporate fraud test Special Court cognizance limits and government authority to institute complaints.

Companies Law

2026 (9) TMI 1851

First-motion merger scrutiny cannot mechanically reject schemes before stakeholder consideration of ante-dated appointed dates and regulatory delays.

Companies Law

2026 (9) TMI 1431

Restoration costs must reflect actual regulatory expense, so an unsupported penalty for prolonged filing defaults was reduced.

Companies Law

2026 (9) TMI 1430

Exhaustion of alternative remedies makes direct challenges to interim status quo orders premature before winding-up adjudication.

Companies Law

2026 (9) TMI 1386

Existing prosecution sanction defects require trial-stage examination, while prior Companies Act investigations survive repeal and limitation needs evidence.

Companies Law

2026 (9) TMI 1292

Quasi-partnership shareholder exclusion can justify supervised Swiss Challenge bidding to secure a fair share-purchase exit after confidence irretrievably fails.

Companies Law

2026 (9) TMI 962

Annulled securities trades require exchange refund of deposited consideration, without forcing delivery or broker arbitration.

SEBI

2026 (9) TMI 961

Main objects clause limits virtual digital asset investments, rendering pre-amendment preferential issue deployment ultra vires and void.

SEBI

2026 (9) TMI 663

Buyback escrow release does not immunise issuers from independently proven fraud proceedings under market-abuse rules.

SEBI

2026 (9) TMI 662

Disgorgement and co-location access issues remain legally open after settlement-based disposal of securities market appeals.

SEBI

2026 (9) TMI 561

Summons before arrest warrants: transferred complaints require accused already on bail to receive an initial opportunity to appear.

SEBI

2026 (9) TMI 1675

Statutory appellate remedy for interim securities restrictions takes priority over writ jurisdiction, preserving objections before the designated appellate forum.

SEBI

2026 (9) TMI 1850

Fraud classification requires reliable evidence; an inconclusive forensic audit and borrower reply cannot justify reporting measures.

IBC

2026 (9) TMI 1849

ESI contribution trust assets remain outside liquidation estate and avoid distribution through the creditor-priority waterfall.

IBC

2026 (9) TMI 1848

Adjournment of resolution-plan approval was refused where the replacement request was withdrawn and creditors had unanimously approved the plan.

IBC

2026 (9) TMI 1847

Liquidation estate recovery permits liquidators to continue eviction proceedings against occupants lacking valid enforceable tenancies.

IBC

2026 (9) TMI 1674

Interim appellate orders in insolvency proceedings: challenge was not entertained, leaving disciplinary suspension issues pending expeditious appellate disposal.

IBC

2026 (9) TMI 1673

Wilful-defaulter proceedings may continue despite pending arbitration, and show-cause challenges remain premature before committee review.

IBC

2026 (9) TMI 827

Director liability for unrealised export proceeds survives company liquidation when reasonable recovery steps remain unproven.

FEMA

2026 (9) TMI 743

Continuing foreign-asset holdings permit prospective seizure of equivalent domestic assets where statutory suspicion and Indian residence are established.

FEMA

2026 (9) TMI 559

Proportionate penalty under foreign exchange law requires reasoned discretion; an unexplained unchanged quantum was reduced.

FEMA

2026 (9) TMI 1846

Mandatory FEMA preliminary procedure invalidates adjudication where borrower eligibility is assessed without considering applicable external borrowing circulars.

FEMA

2026 (9) TMI 1427

Prospective application of FEMA seizure powers permits scrutiny of post-commencement payments, while unreasoned NOC refusals require reconsideration.

FEMA

2026 (9) TMI 1217

Civil FEMA liability for non-compliant foreign investment does not require mens rea and may support property confiscation.

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 (9) TMI 1845

PMLA statutory adjudication bars parallel writ challenges to seized assets despite a non-final predicate-offence acquittal.

Money Laundering

2026 (9) TMI 1844

Equivalent-value attachment under money-laundering law can secure Indian property while residential possession ordinarily remains undisturbed.

Money Laundering

2026 (9) TMI 1761

PMLA bail conditions yield conditional liberty where prolonged undertrial custody and delayed trial breach speedy-trial safeguards.

Money Laundering

2026 (9) TMI 1760

Bail-grant challenges require demonstrated perversity or material omission; connected PMLA bail findings remain relevant but non-determinative.

Money Laundering

2026 (9) TMI 1601

Sick or infirm medical bail exception requires cumulative assessment of functional impairment and custody's capacity for continuous treatment.

Money Laundering

2026 (9) TMI 1506

Individualised money-laundering attribution determines monetary-threshold bail eligibility, while cancellation requires showing a perverse, fallacious, or investigation-prejudicial exercise of discretion.

Money Laundering

2026 (9) TMI 1843

Place-of-provision rules and penal demurrage prevent reverse-charge service tax where taxability is not established.

Service Tax

2026 (9) TMI 1842

Revenue-sharing and sales incentives are not taxable consideration for business support or advertisement services without underlying service activity.

Service Tax

2026 (9) TMI 1841

Service-tax limitation and road-construction exemption restrict recovery, while non-registration and return-filing defaults remain separately penalised.

Service Tax

2026 (9) TMI 1840

Extended limitation for service-tax demands fails where statutory municipal functions negate fraud, suppression, and intent to evade.

Service Tax

2026 (9) TMI 1839

CENVAT credit on scaffolding as capital goods is inadmissible; alleged excess credit requires verification and fresh determination.

Service Tax

2026 (9) TMI 1838

Free-of-cost materials supplied by recipients cannot inflate taxable service value or defeat available service-tax abatement claims.

Service Tax

2026 (9) TMI 1837

CENVAT credit reversal for trading applies only after trading became an exempted service, limiting further demands.

Central Excise

2026 (9) TMI 1751

Regular bail in excise-evasion allegations follows doubtful machinery-based computation, no antecedents, and seizure eliminating unsupported repetition concerns.

Central Excise

2026 (9) TMI 1750

Rule 26 penalty requires proven knowing dealings in confiscation-liable excisable goods, not merely material supply or loan assistance.

Central Excise

2026 (9) TMI 1749

Cenvat credit on outward transportation remains available when the supplier bears freight for delivery to buyer premises.

Central Excise

2026 (9) TMI 1667

Prospective limitation extension cannot revive time-barred excise demands despite greenhouse classification under the specific tariff entry.

Central Excise

2026 (9) TMI 1666

Mandatory type-testing charges form part of excisable transaction value, while penalty relief remains limited in scope.

Central Excise

2026 (9) TMI 1836

VAT classification of chewing gum follows common parlance, placing it under the residuary entry rather than sweetmeats.

VAT / Sales Tax

2026 (9) TMI 1586

Transfer of right to use goods requires exclusive legal control; crane hire remained a taxable service, not deemed sale.

VAT / Sales Tax

2026 (9) TMI 1424

Clean-slate resolution plans extinguish excluded pre-resolution MVAT dues, barring recovery and requiring refund of statutory appeal pre-deposits.

VAT / Sales Tax

2026 (9) TMI 1372

Compensatory taxation requires measurable equivalent benefits and scrutiny of entry-tax validity under constitutional non-discrimination standards.

VAT / Sales Tax

2026 (9) TMI 1366

Rubber classification includes synthetic SBR Latex, placing it under the specified VAT entry rather than the residuary category.

VAT / Sales Tax

2026 (9) TMI 1281

Form-F declarations: final determinations for subsequent years preclude revision of an assessment accepting declarations under Central Sales Tax law.

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 (4) TMI 1915

Territorial appellate jurisdiction invalidates orders by an unauthorised authority, requiring de novo merits adjudication before the competent appellate forum.

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 (11) TMI 2064

Territorial appellate jurisdiction invalidates orders issued by an appellate authority not assigned the assessee's regional charge.

Wealth-tax

2026 (9) TMI 1835

Civil remedies do not bar criminal investigation where complaints disclose theft, misappropriation, and require documentary verification.

Indian Laws

2026 (9) TMI 1834

Mandatory Rule 9 payment timelines invalidate secured-asset auction sales where delayed consideration lacks a written extension or authorised continuation.

Indian Laws

2026 (9) TMI 1748

Composite appeals challenging consolidated decrees remain maintainable when both decrees, court fees, and common judgment requirements are satisfied.

Indian Laws

2026 (9) TMI 1497

Limitation-barred recovery plaints cannot be rejected where balance confirmations and tax deposits create triable acknowledgment issues

Indian Laws

2026 (9) TMI 1496

Employment contracts remain outside commercial-court jurisdiction, requiring return of a wrongly filed plaint to the competent civil forum.

Indian Laws

2026 (9) TMI 1371

Post-conviction settlement cannot reopen a final cheque-dishonour conviction through inherent jurisdiction after merits-based revision has concluded.

Indian Laws


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