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Recent Case Laws

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2026 (8) TMI 909

Arrest authorisation disclosure is mandatory before CGST arrest, while invalid pre-arrest bail cannot retain independent protection.

GST

2026 (8) TMI 908

Appellate pre-deposit is governed by the law in force when show-cause proceedings begin, excluding later substituted provisions.

GST

2026 (8) TMI 907

Effective GST notice service requires more than portal upload after registration cancellation, preserving the right to personal hearing.

GST

2026 (8) TMI 906

Statutory GST appeal receives protective directions where medical exigencies could prejudice challenge to ex parte adjudication.

GST

2026 (8) TMI 905

Meaningful opportunity to answer DRC-01 notices requires fresh assessment after stipulated deposit and submission of supporting documents.

GST

2026 (8) TMI 904

Show-cause notice awareness and verified tax recovery require fresh adjudication subject to payment of any unrecovered disputed tax balance.

GST

2026 (8) TMI 893

Judicial review of Look Out Circulars cannot reassess sufficient economic-risk material absent manifest arbitrariness or no supporting evidence.

Income Tax

2026 (8) TMI 892

Section 264 revision remains available after appeal limitation expires, requiring fresh merits consideration despite an originally available appellate remedy.

Income Tax

2026 (8) TMI 891

Clerical correction of a firm's name warrants delay condonation where identity, income, liability, and claims remain unchanged.

Income Tax

2026 (8) TMI 890

Complainant locus standi denied in reassessment writs, leaving the Assessing Officer to defend the challenged proceedings.

Income Tax

2026 (8) TMI 889

Transactional net margin method aggregation faces scrutiny for linked domestic and international transactions in arm's length pricing.

Income Tax

2026 (8) TMI 888

Transfer-pricing comparability requires functional similarity and reliable segmental data; materially different packaging businesses may be excluded.

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 347

Benami share ownership established by routed consideration, but freezing shares outside identified attachment proceedings was invalid.

Benami Property

2026 (8) TMI 346

Benami property attachment requires verified funding, control, and transaction evidence; incomplete investigation led to remand for reinvestigation.

Benami Property

2026 (8) TMI 869

Final customs assessments limit refund claims based on cum-duty valuation, clerical correction, and subsequent reassessment mechanisms.

Customs

2026 (8) TMI 868

Limitation exclusion for diligent refund pursuit preserved customs appeals after a later change requiring assessment modification.

Customs

2026 (8) TMI 867

Statutory appellate remedy required, while attached bank accounts may be released upon pre-deposit appropriation and adequate bank guarantee.

Customs

2026 (8) TMI 866

Mandatory pre-deposit is satisfied when an employer's ICEGATE payment is attributable to each customs appellant.

Customs

2026 (8) TMI 865

Warehousing compliance requires deposit in the authorised bonded warehouse; unauthorised diversion can trigger confiscation, redemption fine, and penalty.

Customs

2026 (8) TMI 864

Drug-specific IGST rate entry covers qualifying bulk drugs and APIs across chemical chapters, subject to nil-rated treatment.

Customs

2026 (8) TMI 806

Invoice recovery limitation remains unaffected by winding-up proceedings, while valid partnership registration preserves capacity to sue.

Companies Law

2026 (8) TMI 735

Functus officio bars intervention and recall in concluded writ proceedings without a demonstrated subsisting affected right.

Companies Law

2026 (8) TMI 734

Pre-emptive share-transfer rights void outsider transfers that bypass Board-led member offers and prescribed valuation procedures under company articles.

Companies Law

2026 (8) TMI 600

Locus standi in winding-up proceedings bars a former director's individual appeal after the issue attained finality.

Companies Law

2026 (8) TMI 528

Order XXXIX Rule 3 compliance sustained interim protection and permitted civil recovery proceedings alongside continued SFIO investigation into provident-fund defalcation.

Companies Law

2026 (8) TMI 527

Foreign judgment enforcement supports interim asset disclosure and restraints without prior re-adjudication where jurisdiction remains unrebutted.

Companies Law

2026 (8) TMI 863

Material event disclosure requires conspicuous reporting of terminated acquisition agreements; a footnote in financial results is insufficient.

SEBI

2026 (8) TMI 805

Insider trading prohibition applies to securities sales while possessing unpublished price sensitive information unless a recognised exonerating circumstance is proved.

SEBI

2026 (8) TMI 733

Mitigating factors can reduce statutory minimum penalties where no overriding clause applies, while ineffective notice invalidates enforcement orders.

SEBI

2026 (8) TMI 654

Void securities cannot be transferred after acceptance of a regulatory invalidation order, and inconsistent conduct is precluded.

SEBI

2026 (8) TMI 599

Statutory complaint requirement bars cognizance on police reports, while FIRs lacking cheating ingredients warrant partial quashing.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes bar writ jurisdiction where contractual arbitration and exchange grievance mechanisms remain uninvoked.

SEBI

2026 (8) TMI 862

Insolvency professional services by advocates fall under forward charge, while reverse charge remains confined to legal services.

IBC

2026 (8) TMI 861

Continuing personal guarantees cover assented facility renewals and contractual interest beyond the stated principal limit in insolvency proceedings.

IBC

2026 (8) TMI 860

Final insolvency orders bar collateral challenges to consequential bankruptcy proceedings against a personal guarantor after valid service.

IBC

2026 (8) TMI 804

Limitation for operational debt runs from each default, barring delayed Section 9 insolvency applications despite a subsisting contract.

IBC

2026 (8) TMI 803

Belated creditor claims in insolvency raise questions over challenges to approved resolution plans and finality of the resolution process.

IBC

2026 (8) TMI 802

Resolution-plan distributions may follow admitted claim ratios, limiting dissenting secured creditors to their statutory minimum entitlement.

IBC

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 1854

Statutory penalty ceilings preserve adjudicatory discretion; enhancement requires proof that the imposed penalty was improperly or disproportionately low.

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 (8) TMI 859

Provisional attachment for alleged money laundering remains undisturbed as Supreme Court declines interference with the High Court order.

Money Laundering

2026 (8) TMI 858

Money-laundering bail requires satisfaction of statutory twin conditions; serious allegations and misuse-of-liberty risks justified denial.

Money Laundering

2026 (8) TMI 857

Proceeds-of-crime tracing upheld attachment of layered assets held through spouses, nominees, and nominal property transfers.

Money Laundering

2026 (8) TMI 800

Interim order balance protected all parties, so no interference occurred while writ petition merits remained pending.

Money Laundering

2026 (8) TMI 799

Money-laundering proceedings can survive compromise-based FIR quashing where wider alleged criminal proceeds and connected transactions remain under investigation.

Money Laundering

2026 (8) TMI 798

Proceeds of crime may include equivalent-value property, supporting retention of seizures and freezing of linked financial accounts.

Money Laundering

2026 (8) TMI 856

Conditional pre-deposit compliance governed appeal validity, while a later prospective regime could not cure an earlier default.

Service Tax

2026 (8) TMI 855

Subcontractor exemption for Government dam works requires exclusion of exempt turnover and recalculation using cum-tax and reverse-charge principles.

Service Tax

2026 (8) TMI 854

Substantive exemption compliance prevails over delayed filings, while service tax on commission requires proof of actual payment.

Service Tax

2026 (8) TMI 797

Goods Transport Agency classification accepts substantively complete transport bills, while Form 26AS alone cannot support extended-period service-tax demands.

Service Tax

2026 (8) TMI 796

Copyrighted software licensing: pre-existing intellectual property service did not cover pre-installation and sublicensing, while extended limitation required proven suppression.

Service Tax

2026 (8) TMI 795

Works contract exemption for agricultural-produce marketing applied, while unsupported extended limitation and rental-service demands failed.

Service Tax

2026 (8) TMI 853

Proportionate credit reversal cannot be replaced by percentage-based liability merely because disclosure lapses occur in compliance filings.

Central Excise

2026 (8) TMI 852

CENVAT credit on factory construction services requires full adjudication; omitted material grounds require fresh consideration of credit and penalty.

Central Excise

2026 (8) TMI 851

Appellate classification review permits acceptance of the assessee's export classification without fresh notice where classification was already adjudicated.

Central Excise

2026 (8) TMI 850

Conditional refund validity challenge rendered the Revenue appeal infructuous, subject to further action under Supreme Court guidance.

Central Excise

2026 (8) TMI 789

Interest on refundable investigation deposits may run from deposit date where no pre-existing duty liability exists.

Central Excise

2026 (8) TMI 726

Product-specific anaesthetic exemption applies to Nitrous Oxide I.P. supplied to traders without implied end-use restrictions.

Central Excise

2026 (8) TMI 849

Petroleum-product classification includes Hydraulic Oil as a taxable consumable, while reassessment conditions for escaped turnover remain satisfied.

VAT / Sales Tax

2026 (8) TMI 788

Gross turnover taxability of drought relief remained undisturbed where relief was invoiced and charged to the purchaser.

VAT / Sales Tax

2026 (8) TMI 787

Inter-State vehicle movements linked to dealer orders and advance payments constitute taxable sales, not exempt branch stock transfers.

VAT / Sales Tax

2026 (8) TMI 723

VAT penalty for missing transit form fails where exempt imported goods create no VAT liability.

VAT / Sales Tax

2026 (8) TMI 722

Due service and territorial tax jurisdiction invalidate a demand where portal records conflict and out-of-state turnover remains unverified.

VAT / Sales Tax

2026 (8) TMI 514

Composition-tax benefit remains available when out-of-State liquor resale is separately taxed at the normal rate.

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 (8) TMI 848

Alternative statutory remedy under SARFAESI bars writ intervention unless extraordinary circumstances justify bypassing the Debt Recovery Tribunal.

Indian Laws

2026 (8) TMI 786

Director liability for cheque dishonour may proceed where complaints allege responsibility for the company's business affairs.

Indian Laws

2026 (8) TMI 721

Defective criminal charges remain curable where accused had notice and suffered no prejudice, preventing an unnecessary de novo trial.

Indian Laws

2026 (8) TMI 638

Criminal process for money recovery rejected where a flat-sale dispute remained civil and cognizance was properly refused.

Indian Laws

2026 (8) TMI 590

Cheque dishonour presumptions prevailed where admitted issuance and signature were met only by partially proven repayment.

Indian Laws

2026 (8) TMI 589

Personal liability for trust-related cheque dishonour remained unproved after presumptions were rebutted, supporting acquittal.

Indian Laws


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