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Recent Case Laws

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2026 (9) TMI 1203

GST arrest and summons powers remain valid as ancillary to constitutional authority over levy, collection and evasion control.

GST

2026 (9) TMI 1202

Statutory appellate remedy requires factual review of input tax credit and circular-based demand disputes before writ intervention.

GST

2026 (9) TMI 1201

Common adjudicating authority selection through administrative circulars remains valid where notified officers already possess pan-India jurisdiction.

GST

2026 (9) TMI 1200

Notice of a rescheduled tax hearing is essential; its absence invalidates an ex parte assessment.

GST

2026 (9) TMI 1199

Authentication of GST notices determines validity: unsigned portal documents cannot support adjudication, recovery, or bank-account attachment.

GST

2026 (9) TMI 1198

Three-month GST notice limitation counts calendar months after issue, while ex parte demand requires taxpayer response and fresh adjudication.

GST

2026 (9) TMI 1184

Section 153C seized-document nexus remains undisturbed after the petition challenging the underlying ruling was dismissed.

Income Tax

2026 (9) TMI 1183

Principal-officer liability for TDS default fails where prosecution rests on an individual's incorrect designation as company director.

Income Tax

2026 (9) TMI 1182

Reassessment after amalgamation cannot target a dissolved predecessor when identical income is assessed in the successor's hands.

Income Tax

2026 (9) TMI 1181

Exchange of information and treaty scope shape limitation extensions for assessments based on foreign tax information.

Income Tax

2026 (9) TMI 1180

Reassessment notice cannot survive after proceedings against purchasing company are dropped while action against seller remains reserved.

Income Tax

2026 (9) TMI 1179

Reasoned Tribunal adjudication: unreasoned common disposal of separately heard appeals requires fresh independent consideration by another Bench.

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 1140

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

Benami Property

2026 (8) TMI 818

Benami property attachment sustained where alleged loan consideration lacked credible proof, traceable lenders, and explained funding sources.

Benami Property

2026 (8) TMI 817

Benami property transactions arise where beneficial ownership funds acquisitions and ostensible owners cannot prove independent means or genuine loans.

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 1139

Alternative statutory remedy does not bar writ review where alleged prohibition lacks an identified legal or notification basis.

Customs

2026 (9) TMI 1138

Statutory limits on provisional bank-account freezing prevent attachment from continuing after expiry despite pending customs adjudication proceedings.

Customs

2026 (9) TMI 1137

Transitional protection for pre-notification gold imports extends to bona fide commitments secured by substantial advance payments.

Customs

2026 (9) TMI 1136

Provisional release of seized betel nuts was unwarranted where origin remained uncertain and food-safety testing showed unsafe contamination.

Customs

2026 (9) TMI 1135

Physical incorporation of imported inputs preserves Advance Authorisation compliance despite duty-free packaging used for exported IMFL.

Customs

2026 (9) TMI 1134

Reasonable belief under customs law limits burden shifting before gold confiscation and penalties for alleged smuggling.

Customs

2026 (9) TMI 896

Section 230 compromise period may be extended where changed creditor circumstances support value maximisation and corporate revival.

Companies Law

2026 (9) TMI 747

Partnership dissolution requires liquidation or market-value settlement, preserving an outgoing partner's asset share beyond dissolution-date valuation.

Companies Law

2026 (9) TMI 479

Director disqualification cannot deactivate a DIN without Rule 11 compliance and a prior hearing under natural justice.

Companies Law

2026 (9) TMI 423

Company investigation safeguards require recorded statutory satisfaction and prior hearing before external agencies receive tracking-information directions.

Companies Law

2026 (9) TMI 1132

Binding Judicial Directions Remain Enforceable Despite Pending Review, Requiring Immediate Implementation of Vacant Possession Orders.

Companies Law

2026 (9) TMI 1043

Limitation for dividend-transfer offences barred delayed prosecution, while prolonged inactivity made continued criminal proceedings unwarranted.

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 302

Leave against acquittal requires arguable grounds for deeper scrutiny, while certified-copy time is excluded from limitation.

SEBI

2026 (9) TMI 830

Forensic audit evidence supports fraudulent transaction findings when management cannot rebut reliable records, sustaining creditor-protection contribution liability.

IBC

2026 (9) TMI 829

Prospective liquidation amendments cannot disrupt a going-concern sale process commenced under earlier governing regulations and liquidation order.

IBC

2026 (9) TMI 828

Independent liquidation assessment is required before liquidation; viable settlements may justify restoring CIRP for withdrawal consideration.

IBC

2026 (9) TMI 1131

Expired Way Leave Permissions cannot be retrospectively renewed without jurisdiction, safety assessment, and a hearing for affected rights holders.

IBC

2026 (9) TMI 1130

Interim moratorium protects civil debt recovery only, leaving cheque-dishonour prosecution and personal accountability unaffected.

IBC

2026 (9) TMI 1129

IBC appeal limitation remains absolute: certified-copy delays cannot extend the non-extendable outer period for filing appeals.

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 (8) TMI 801

Equivalent-value property seizure under FEMA may proceed on prima facie evidence of unauthorised overseas fund transfers.

FEMA

2026 (8) TMI 165

Proof of actual software receipt is required for foreign-exchange remittances; authorised company officers remain liable without due diligence.

FEMA

2026 (8) TMI 164

Foreign-exchange compliance breaches in share transfers and escrow security arrangements sustained, while chairman's residential-status charge failed.

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 1128

Money-laundering charges focus on criminal proceeds, statutory statements, prosecution sanction, and proof of a financial link.

Money Laundering

2026 (9) TMI 1127

Prima facie material for money laundering defeats discharge where records and statements indicate knowing transfer of criminal proceeds.

Money Laundering

2026 (9) TMI 1126

Rectification of clerical error remains pending after applicant's non-appearance; prosecutor must notify the applicant's office before relisting.

Money Laundering

2026 (9) TMI 1042

PMLA special leave challenge dismissed, leaving prior order undisturbed while trial proceedings are encouraged to conclude promptly.

Money Laundering

2026 (9) TMI 1041

Recorded reasons to believe validate PMLA searches and arrests involving disputed government land compensation transactions.

Money Laundering

2026 (9) TMI 1040

Surety solvency certificates are not required for restored property; bond execution and a refund undertaking remain mandatory.

Money Laundering

2026 (9) TMI 1125

Mandatory verification under the Sabka Vishwas Scheme requires reconsideration of conflicting payable amounts based on complete documentary evidence.

Service Tax

2026 (9) TMI 1124

Service-tax treatment of trading and hostel rentals excludes sales and residential-dwelling rent from taxable services.

Service Tax

2026 (9) TMI 1123

Service tax reconciliation requires verification of corrected challans and customer advances before fresh adjudication of receipt-reporting differences.

Service Tax

2026 (9) TMI 1122

Dealer incentives: Trade discounts and price adjustments lack taxable service consideration without a specific contractual obligation.

Service Tax

2026 (9) TMI 1121

Limitation from order receipt prevents dismissal where dispatch alone fails to prove valid service and communication.

Service Tax

2026 (9) TMI 1120

Reverse-charge service tax on CIF ocean freight cannot be imposed on Indian importers who are not service recipients.

Service Tax

2026 (9) TMI 1115

Tribunal remand directions require fresh classification, valuation and extended-period adjudication with technical evidence and approved classifications considered.

Central Excise

2026 (9) TMI 1114

Proof of Service for Personal-Hearing Notices Is Essential Before Determining Central Excise Interest Disputes on Appeal

Central Excise

2026 (9) TMI 1113

Processed milk as an intermediate product does not trigger CENVAT credit reversal when used to make dutiable confectionery.

Central Excise

2026 (9) TMI 1112

Clandestine clearance allegations require corroborated proof of manufacture, inputs, transport, buyers and consideration; estimates and unverified records fail.

Central Excise

2026 (9) TMI 1111

Interest on refunded investigation deposits runs from deposit to refund outside the statutory delayed-duty-refund regime.

Central Excise

2026 (9) TMI 1110

Extended limitation for CENVAT credit recovery fails without evidence of suppression, fraud, or intent to evade duty.

Central Excise

2026 (9) TMI 946

Fiscal interest liability requires payment default under prescribed return dates, preventing authorities from altering lawful filing periodicity.

VAT / Sales Tax

2026 (9) TMI 890

Priority of secured creditors under SARFAESI remains unresolved after a delayed challenge was dismissed without examining the legal issues.

VAT / Sales Tax

2026 (9) TMI 1107

Inter-State sales turn on contractual linkage to goods movement, while branch transfers require proof under the CST Act.

VAT / Sales Tax

2026 (9) TMI 1106

Composition-scheme eligibility survives belated revised returns when finally determined taxable turnover remains below the prescribed threshold.

VAT / Sales Tax

2026 (9) TMI 1036

Commodity classification requires distinct tariff treatment where Furnace Oil and Light Diesel Oil differ materially in identity and use.

VAT / Sales Tax

2026 (9) TMI 1035

Secured creditor priority under SARFAESI defeats a subsequently recorded State VAT charge on auctioned mortgaged property.

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 888

Debts Recovery Tribunal remedy remains available where a diligent writ challenge was redirected despite ordinary limitation expiry.

Indian Laws

2026 (9) TMI 733

SEZ Fiscal Exemption Extends to Pre-Ordinance Lease Deeds Under an Existing State Investment Policy

Indian Laws

2026 (9) TMI 732

GST reimbursement for pre-GST contracts survives tax-inclusive tender clauses where later tax burdens are verified and comparable contractors receive relief.

Indian Laws

2026 (9) TMI 647

Stamp valuation enquiries may not require fraudulent intent, but binding precedent on wilful undervaluation awaits larger-Bench review.

Indian Laws

2026 (9) TMI 646

RBI supersession of multi-State co-operative bank boards may continue beyond elected tenure, subject to statutory aggregate limits.

Indian Laws

2026 (9) TMI 645

Repayment of released appeal deposits remains mandatory upon acquittal despite procedural irregularity in the refund direction.

Indian Laws


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