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Recent Case Laws

View All
2026 (9) TMI 731

Return scrutiny is not mandatory before fraud-based input tax credit proceedings; disputed facts belong in statutory adjudication.

GST

2026 (9) TMI 730

Regular bail in GST-evasion allegations justified where investigation ended, evidence was documentary, and prolonged pre-trial detention lacked necessity.

GST

2026 (9) TMI 729

Condonation of delay beyond GST appeal limits restored the statutory appeal for merits adjudication after hearing.

GST

2026 (9) TMI 728

Voluntary GST payments require self-ascertained liability, applicable interest and penalty, and DRC-04 acknowledgement before inspection recoveries can stand.

GST

2026 (9) TMI 727

Blocked input tax credit cannot fund appeal pre-deposit while valid Rule 86A restrictions remain in force.

GST

2026 (9) TMI 726

Criminal proceedings may continue despite supply contracts where alleged GST fraud shows deception, forgery, and dishonest intent from inception.

GST

2026 (9) TMI 715

Profit-element taxation for bogus purchases remained intact after special leave petitions over accommodation entries were dismissed.

Income Tax

2026 (9) TMI 714

Discretionary tax-relief condonation prevents double taxation when revised withholding records shift interest across assessment years.

Income Tax

2026 (9) TMI 713

Change of opinion bars reassessment when scrutiny assessment examined and accepted exploration and preliminary expense claims.

Income Tax

2026 (9) TMI 712

Superseded assessment findings cannot sustain criminal tax prosecution, while director-only corporate offence complaints remain procedurally defective.

Income Tax

2026 (9) TMI 711

Transfer-pricing comparability rules limit adjustments, while statutory tolerance range offers no standard deduction in arm's-length pricing disputes.

Income Tax

2026 (9) TMI 710

Pending statutory appeal requires timely reasoned disposal, with demand recovery restrained until the appellate decision is final.

Income Tax

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 439

Benami ownership requires proof of consideration and beneficial ownership, with cross-examination required for retracted foundational statements.

Benami Property

2026 (8) TMI 438

Provisional attachment requires evidence of alienation risk; prior Income Tax Department custody made attachment unsustainable.

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 676

Importer-exporter code compliance makes fictitious-entity imports prohibited, defeating exporters' claims for re-shipment or sale proceeds.

Customs

2026 (9) TMI 675

Food-import sampling requires food safety examination of detained areca nuts, while Customs may pursue separate action on resulting material.

Customs

2026 (9) TMI 674

Prospective notification amendments cannot defeat consideration of provisional customs release for imports covered by earlier bills of lading.

Customs

2026 (9) TMI 673

Prospective operation of exemption amendments requires provisional release consideration for imports covered by pre-amendment bills of lading.

Customs

2026 (9) TMI 672

Prospective import-notification amendments cannot bar provisional release requests based on earlier shipment dates, subject to lawful release conditions.

Customs

2026 (9) TMI 671

Extended-period customs notices fail without pleaded suppression after accepted duty payment, while writ jurisdiction remains available.

Customs

2026 (9) TMI 99

Limitation for Official Liquidator claims extends through Article 137 and statutory exclusion, preserving claims filed within the available period.

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 358

Permanent winding-up stays require a bona fide revival plan advancing public interest, commercial morality, creditor settlement and worker protections.

Companies Law

2026 (9) TMI 208

Clear court undertakings support contempt, while asset-dissipation risk can justify security for enforcement of foreign money decrees.

Companies Law

2026 (9) TMI 207

Forensic audit in foreign-award enforcement can trace alleged asset dissipation without deciding ultimate civil, contempt, or restitutionary liability.

Companies Law

2026 (9) TMI 98

Competing open-offer timelines run from the first detailed public statement, preventing revival after the offer process closes.

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 206

Clearing member liability for trading member client defaults requires a statutory duty and authorised monetary remedy.

SEBI

2026 (9) TMI 661

Impleadment of Suspended Directors Preserves Forensic Audit Challenges When Resolution Professionals Decline to Continue Writ Proceedings

IBC

2026 (9) TMI 660

Personal guarantor insolvency forum follows the corporate debtor's CIRP, with inter-Bench transfers available to enforce mandatory consolidation.

IBC

2026 (9) TMI 659

Pre-existing operational debt disputes bar CIRP where transaction genuineness requires detailed adjudication outside summary insolvency proceedings.

IBC

2026 (9) TMI 560

Continuing default and liability acknowledgment preserve Section 7 insolvency claims despite failed revival schemes and pending winding-up proceedings.

IBC

2026 (9) TMI 478

Section 12A withdrawal formalities may be impracticable where settled creditor claims and unresolved CIRP costs create procedural stalemate.

IBC

2026 (9) TMI 477

Personal insolvency applications abusing interim moratorium to obstruct security enforcement rather than genuine repayment resolution warrant rejection.

IBC

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 (8) TMI 106

Company officer liability for neglected export-proceeds compliance retained, while monetary penalty was reduced to the pre-deposit.

FEMA

2026 (7) TMI 1950

Current account treatment for definite tournament services removes most foreign-exchange contraventions, but excess remittance and delayed repatriation remain liable.

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 558

Prolonged custody can justify bail despite PMLA twin conditions, with safeguards protecting trial and witnesses.

Money Laundering

2026 (9) TMI 557

Proceeds-of-crime nexus fails when the individual's predicate prosecution is wholly quashed for lack of investigative jurisdiction.

Money Laundering

2026 (9) TMI 556

Equivalent-value attachment permits property acquired before criminal activity to secure untraceable or overseas proceeds of crime.

Money Laundering

2026 (9) TMI 476

Women's exemption from PMLA bail twin conditions remains discretionary and subject to ordinary bail safeguards.

Money Laundering

2026 (9) TMI 475

Risk of frustrating confiscation was unproven, making confirmation of provisional attachment unsustainable despite pending insolvency proceedings.

Money Laundering

2026 (9) TMI 474

Provisional attachment requires a real risk of alienation and fails where judicial restraints and insolvency proceedings prevent transfer.

Money Laundering

2026 (9) TMI 658

CENVAT credit invoice defects require reasoned consideration of relevant Tribunal precedents before denial can be sustained.

Service Tax

2026 (9) TMI 657

Recovery-agent services as input services support CENVAT credit, while interpretational disputes bar extended limitation and related penalties.

Service Tax

2026 (9) TMI 656

Residential complex construction before July 2010 remained outside service tax where builders developed property under agreements to sell.

Service Tax

2026 (9) TMI 655

Reimbursable expenses and turnover mismatches cannot independently sustain service-tax demands, while CENVAT credit requires proper reconciliation and verification.

Service Tax

2026 (9) TMI 555

Clean-hands requirement bars discretionary writ relief where altered medical evidence is used to justify delayed statutory appeals.

Service Tax

2026 (9) TMI 554

Extended limitation requires proven intent to evade; bona fide misunderstanding shields governmental lessors from time-barred service-tax demands and penalties.

Service Tax

2026 (9) TMI 654

Mutatis mutandis customs conditions preserve excise exemption where import procedures cannot govern compliant domestic competitive-bidding supplies.

Central Excise

2026 (9) TMI 653

CENVAT credit on imported capital goods remains with the importing entity and cannot shift through corporate integration or captive use.

Central Excise

2026 (9) TMI 652

Delayed excise refund interest follows valid electronic claims, with protest payments preventing postponement until later physical filing.

Central Excise

2026 (9) TMI 547

Mistake-of-law tax refunds attract interest from original claims, while implementation directions remain outside appellate review.

Central Excise

2026 (9) TMI 546

Refund interest begins after the original claim's statutory waiting period, not a later appellate order or reminder.

Central Excise

2026 (9) TMI 545

Rule 26 penalties require proof that distributors knew goods were confiscable; manufacturer duty defaults alone cannot justify penalties.

Central Excise

2026 (9) TMI 651

CST, VAT and sales tax disputes invoke special leave petition review of prior tax determinations.

VAT / Sales Tax

2026 (9) TMI 650

Clean-slate resolution plans extinguish unresolved pre-resolution tax claims and require refund of related appellate pre-deposits.

VAT / Sales Tax

2026 (9) TMI 649

Prescribed refund applications govern delayed-refund interest, while redesignation of the competent officer does not defeat refund claims.

VAT / Sales Tax

2026 (9) TMI 648

Fresh assessment remand bars Tribunal appeal when the predominant tax issue is reopened despite findings on ancillary matters.

VAT / Sales Tax

2026 (9) TMI 543

Refund of protested security deposit remains linked to interest claims and unresolved assessment and reassessment proceedings.

VAT / Sales Tax

2026 (9) TMI 542

Revisional review of turnover discrepancies remains unavailable without perversity, lack of evidence, or legal error in reassessment findings.

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 (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

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

2026 (9) TMI 644

Rebuttable cheque-debt presumptions require proof of lending capacity and underlying liability once a probable defence arises.

Indian Laws

2026 (9) TMI 643

MSME rehabilitation claims raised after SARFAESI measures cannot reopen recovery proceedings when statutory tribunal remedies remain available.

Indian Laws

2026 (9) TMI 642

MSME dispute resolution requires arbitration or institutional referral after failed mediation, preventing dismissal of the reference.

Indian Laws





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