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Recent Case Laws

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2026 (11) TMI 442

GST registration restoration requires outstanding returns and payments, while input tax credit use remains subject to restrictions.

GST

2026 (11) TMI 441

Personal hearing particulars in show-cause notices are essential where hearing fields are provided, or the resulting assessment cannot stand.

GST

2026 (11) TMI 440

Medical grounds for a delayed GST appeal supported condonation beyond the statutory extension, preserving consideration of the dispute on merits.

GST

2026 (11) TMI 439

Show-cause reply deadlines must precede personal hearings; fixing both on the same day makes the hearing schedule irregular.

GST

2026 (11) TMI 438

GST registration cancellation for missing bank details was set aside because the notice omitted that ground.

GST

2026 (11) TMI 437

GST assessments without a hearing may require fresh adjudication, while interest applies automatically when liability is finally determined.

GST

2026 (11) TMI 415

Revenue litigation limits exclude interest and penalties from tax effect, even where reassessment is annulled on jurisdictional grounds.

Income Tax

2026 (11) TMI 414

Personal attendance at every hearing need not be mechanically required for retired departmental complainants represented by officials and counsel.

Income Tax

2026 (11) TMI 413

Exempt-income disallowance computed under tax rules cannot be added to book profits under the separate book-profit provision.

Income Tax

2026 (11) TMI 412

Concessional employee loan valuation uses a uniform lending-rate benchmark without breaching equality or exceeding delegated rule-making powers.

Income Tax

2026 (11) TMI 411

Reassessment under a second PAN involves deposit verification where judicial review does not assess the sufficiency of reasons.

Income Tax

2026 (11) TMI 410

Capital gains reinvestment exemption remains available when claimed in a reassessment return, provided the prescribed investment conditions are satisfied.

Income Tax

2026 (11) TMI 79

Benami law amendments apply retrospectively to confiscation machinery, while new offences and enhanced punishments apply only prospectively.

Benami Property

2026 (11) TMI 243

Review jurisdiction and delay condonation: whether court-granted liberty permits relief without considering the statutory bar on review.

Benami Property

2026 (11) TMI 242

Benami property attachment for earlier transactions was set aside alongside related Tribunal orders following an accepted prior decision.

Benami Property

2026 (11) TMI 241

Cross-examination in benami proceedings is not automatic when parties have a fair opportunity to rebut relied-upon material.

Benami Property

2026 (10) TMI 2040

Benami property tests: corroborated ownership evidence supports attachment despite later retraction and unverified funding claims.

Benami Property

2026 (10) TMI 2039

Benami transaction proof requires a demonstrated funding nexus and beneficial interest; otherwise provisional attachment cannot be confirmed.

Benami Property

2026 (11) TMI 384

Third-party remittances through banking channels do not alone establish sale proceeds for export drawback entitlement.

Customs

2026 (11) TMI 383

Special additional duty refunds for post-amendment imports require timely filing within the prescribed period after duty payment.

Customs

2026 (11) TMI 382

Customs penalties for import abetment require a link to the consignment; financing alone does not establish an offence.

Customs

2026 (11) TMI 381

Gold seizure requires reasonable belief to shift the burden, while investigation statements must satisfy statutory safeguards in adjudication.

Customs

2026 (11) TMI 380

Coal classification depends on prescribed testing methods, while the steam coal customs exemption excludes bituminous coal used for steam.

Customs

2026 (11) TMI 379

Imported sheet classification depends on condition at import, rather than intended use alone, when seat-cover manufacturing remains.

Customs

2026 (11) TMI 73

Dissolved companies cannot maintain declaratory and injunctive suits outside preserved statutory purposes unless their legal status is restored.

Companies Law

2026 (11) TMI 238

Corporate suit authorization and later board resolutions: production does not prejudge ratification, admissibility or the suit's maintainability.

Companies Law

2026 (11) TMI 237

Interim property restraints protect creditors where alleged corporate fraud raises potential personal liability despite no proven receipt of company assets.

Companies Law

2026 (11) TMI 155

Contempt appeals cannot challenge dismissal of a complaint concerning company bank account directions; punishment requires proven deliberate disobedience.

Companies Law

2026 (10) TMI 2033

Public-interest company investigations may proceed despite FIR quashing on settlement where wider allegations remain subject to investigation.

Companies Law

2026 (10) TMI 2032

Finalised valuation challenges remain barred by res judicata when prior objections were conclusively determined and implementation liberty is limited.

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 1675

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

SEBI

2026 (10) TMI 647

Director Liability for Regulatory Refunds Survives Resignation When Tenure Overlaps Investor Fund Mobilisation and Final Recovery Directions

SEBI

2026 (10) TMI 646

Inspection rights in regulatory proceedings exclude electronic material outside the record and not relied upon

SEBI

2026 (10) TMI 402

Finality of unchallenged adjudication orders preserves recovery of fees collected through unregistered investment advisory services after appellate challenge fails.

SEBI

2026 (10) TMI 319

Suspected cross-segment price manipulation supports interim market restraints and joint and several impounding of gains pending investigation.

SEBI

2026 (11) TMI 377

Financial debt default supports insolvency admission, while unfulfilled settlement commitments do not displace statutory withdrawal requirements.

IBC

2026 (11) TMI 376

Recall for fraud in insolvency proceedings requires proof that material misrepresentation or concealment caused the dismissal.

IBC

2026 (11) TMI 375

Pre-existing disputes over testing charges and payment milestones bar operational creditor insolvency applications without a merits assessment.

IBC

2026 (11) TMI 324

Creditor intervention cannot bypass the insolvency threshold where settlement leaves independent claims unaffected and available for separate civil proceedings.

IBC

2026 (11) TMI 323

Certified copy requirements for insolvency appeals make filings incompetent when the copy is sought late without valid exemption.

IBC

2026 (11) TMI 322

Recall of final orders cannot replace review or an unexercised appeal without a recognised ground for reopening.

IBC

2026 (11) TMI 320

Non-resident rights shares depend on compliant existing holdings, with inquiry procedures and penalty proportionality also relevant to foreign-exchange enforcement.

FEMA

2026 (10) TMI 979

Corroborated retracted statements support foreign-exchange liability, while unquantified contraventions require proportionate monetary penalties based on proved circumstances.

FEMA

2026 (10) TMI 2030

Saved FERA penal proceedings remain subject to criminal appellate jurisdiction despite FEMA's separate appellate framework.

FEMA

2026 (10) TMI 1498

Roster allocation for foreign-exchange adjudication writ petitions places them in the revenue-and-tax group, not the residuary group.

FEMA

2026 (10) TMI 1308

Reasoned adjudicatory orders require disclosed evidence and reasons, requiring fresh adjudication where a penalty finding lacks support.

FEMA

2026 (10) TMI 1080

Foreign-exchange contraventions require proven seizure, admissible records, and corroborated voluntary statements before statutory presumptions or burden shifting can operate.

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 (11) TMI 374

Written arrest grounds and bail cancellation: existing bail remains in force for earlier arrests absent alleged misuse or other grounds.

Money Laundering

2026 (11) TMI 373

Proceeds of crime attachment can reach holders not accused of scheduled offences when independently formed belief rests on material.

Money Laundering

2026 (11) TMI 319

Bank balance attachment as proceeds of crime rested on a recorded statement and an admitted debt to an accused-controlled entity.

Money Laundering

2026 (11) TMI 231

Direct appeals against provisional attachment orders are unavailable where money laundering law confines appellate jurisdiction to specified orders.

Money Laundering

2026 (11) TMI 150

Money-laundering proceedings based solely on a predicate criminal case cannot survive its quashing but may be revived.

Money Laundering

2026 (11) TMI 149

Prior hearing before criminal investigation is not ordinarily required when writ proceedings direct registration and investigation of a cognizable offence.

Money Laundering

2026 (11) TMI 426

Ocean freight taxation under delegated legislation cannot stand when the relevant notifications exceed the charging provision and precedent remains unstayed.

Service Tax

2026 (11) TMI 372

Reimbursed freight paid to independent transporters falls outside clearing and forwarding service value when transport is outside the agent's obligations.

Service Tax

2026 (11) TMI 371

Works-contract service tax valuation accepts supported goods invoices, while investigation payments do not reduce penalties for intentional evasion.

Service Tax

2026 (11) TMI 370

Reimbursable service expenses fall outside pre-amendment taxable value even when a corporate provider qualifies as a consulting engineer.

Service Tax

2026 (11) TMI 369

Composite works contract valuation excludes identifiable goods sold from service tax, while pre-levy contracts and specified services were not taxable.

Service Tax

2026 (11) TMI 368

Residential hostel rentals for student accommodation fall outside service tax, while Cenvat credit depends on meeting eligibility requirements.

Service Tax

2026 (11) TMI 367

Job workers bear excise duty as manufacturers, while confiscation requires evidence and repacking may be revenue neutral.

Central Excise

2026 (11) TMI 366

Imported warranty replacement components lose duty exemption without factory use, while eligible Cenvat credit remains available.

Central Excise

2026 (11) TMI 365

Prescription lens fitting is assembly, not manufacture, for central excise purposes even when incidental refining and adjustments are required.

Central Excise

2026 (11) TMI 364

Duty valuation for export-oriented unit clearances cannot shift to a rule not invoked as the show-cause notice's basis.

Central Excise

2026 (11) TMI 363

Cenvat credit reversal is not required when non-excisable bagasse is cleared without payment of duty.

Central Excise

2026 (11) TMI 304

Duty-free input exemptions depend on export of finished goods, with bond enforcement outside normal limitation and penalties not automatic.

Central Excise

2026 (11) TMI 301

Sales tax surcharge retains its character as a tax on sales despite being calculated on the tax itself

VAT / Sales Tax

2026 (11) TMI 300

Electricity infrastructure charges can attract VAT as consideration for the right to use goods despite retained licensee control.

VAT / Sales Tax

2026 (11) TMI 299

Quasi-judicial immunity does not bar disciplinary scrutiny of alleged misconduct in rectifying orders that reduced confirmed demands.

VAT / Sales Tax

2026 (11) TMI 225

Silver-palladium alloy taxation follows silver bullion classification under the notification, rather than classification with inferior alloys.

VAT / Sales Tax

2026 (11) TMI 224

Revisional jurisdiction expires with statutory limitation and cannot be revived by audit objections or officer changes.

VAT / Sales Tax

2026 (11) TMI 223

VAT input tax credit set-off remains available despite excess transitional credit claims, which must be addressed under GST.

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

2026 (10) TMI 955

Independent fiscal offences permit prosecution for delayed returns or knowingly false tax statements without prior assessment or quantified evasion.

Wealth-tax

2026 (10) TMI 3

Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.

Wealth-tax

2026 (11) TMI 56

Anticipatory bail in commercial disputes protects against arrest while limiting tax reporting directions in the absence of compelling circumstances.

Indian Laws

2026 (11) TMI 298

Stamp duty on multi-state loan agreements turns on completed execution, with contractual facility schedules relevant to stated monetary values.

Indian Laws

2026 (11) TMI 222

Cheque dishonour liability requires an enforceable debt when cheques are issued against a subsequently set-aside tax assessment.

Indian Laws

2026 (11) TMI 221

Defence evidence in cheque dishonour proceedings may remain closed when proposed bank testimony cannot assist on material facts.

Indian Laws

2026 (11) TMI 220

Assigned assets and cheques acquired for consideration allow asset reconstruction companies to continue dishonour prosecutions as holders in due course.

Indian Laws

2026 (11) TMI 2

Unlicensed money lending can leave promissory-note loans unenforceable and affect cheque dishonour proceedings, depending on the statutory bar.

Indian Laws


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