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Recent Case Laws

View All
2026 (7) TMI 1775

GST registration revocation remains available through a fresh application despite expiry of the appellate limitation period.

GST

2026 (7) TMI 1774

Effective opportunity of hearing is mandatory where a disclosed accident prevents responses to a show-cause notice and assessment proceedings.

GST

2026 (7) TMI 1773

Effective opportunity in reassessment requires disclosure of relied-upon material before the taxpayer submits meaningful objections to proposed liability.

GST

2026 (7) TMI 1772

GST registration revocation permitted after filing pending returns and paying outstanding tax, interest and penalty

GST

2026 (7) TMI 1771

GST registration cancellation cannot rest solely on NIL returns because the statutory cancellation grounds do not include them.

GST

2026 (7) TMI 1770

Bank guarantee substitution for seized conveyance release permitted with equivalent surety, preserving appellate determination of seizure issues.

GST

2026 (7) TMI 1776

Pecuniary jurisdiction for reassessment notices is mandatory; initiation by a non-jurisdictional Assessing Officer invalidates consequential assessment proceedings.

Income Tax

2026 (7) TMI 1735

Reasonable opportunity of hearing is mandatory before income-tax jurisdiction transfers where such opportunity can be provided.

Income Tax

2026 (7) TMI 1734

Redemption premium on convertible bonds remains revenue expenditure and may be amortised proportionately across the bonds' maturity period.

Income Tax

2026 (7) TMI 1733

Consequential misreporting penalties cannot survive when appellate proceedings set aside the underlying assessment addition and adjustment.

Income Tax

2026 (7) TMI 1732

Prior notice for assessment enhancement remains mandatory; general appellate scrutiny cannot replace a specific opportunity to show cause.

Income Tax

2026 (7) TMI 1731

Concurrent factual findings on seized-document attribution remain binding unless perversity is established in a Section 260A appeal.

Income Tax

2026 (7) TMI 860

Fictitious-name benami transactions permit attachment of routed funds when cumulative evidence remains unrebutted by the benefiting participant.

Benami Property

2026 (7) TMI 736

Benami money trail and prejudice test shape why attachment survived and the cross-examination challenge did not succeed.

Benami Property

2026 (7) TMI 672

Benami cash routing and no proven prejudice from denied cross-examination led to upheld attachment.

Benami Property

2026 (7) TMI 671

Benami finding set aside for incomplete appreciation of evidence; matter remanded for fresh consideration of ownership and attachment.

Benami Property

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 1211

Doctrine of election prevents a will beneficiary from asserting inconsistent ownership, while permissive office occupation creates no life interest.

Benami Property

2026 (7) TMI 1685

Customs and integrated tax exemptions for orthopaedic implants raise substantial questions on interpretation, demand, limitation, confiscation and penalties.

Customs

2026 (7) TMI 1684

Timely customs licence revocation proceedings required merits review after compliance with the binding completion deadline.

Customs

2026 (7) TMI 1683

Non-adjudicatory sanction orders do not resolve pending interest claims, which require separate customs authority determination under law.

Customs

2026 (7) TMI 1682

Fresh Customs Broker Licence applications require independent assessment when final appellate exoneration negates the allegations underlying prior revocation.

Customs

2026 (7) TMI 1681

Show Cause Notice Scope and unreliable statements defeated customs penalties for alleged gold smuggling.

Customs

2026 (7) TMI 1680

Confiscation requires a specified, established contravention and procedural safeguards; mobile phone re-export remained permissible without fine or penalty.

Customs

2026 (7) TMI 1679

Fraud classification requires a definite forensic finding based on complete borrower records; inconclusive audit material cannot sustain notice.

Companies Law

2026 (7) TMI 1551

Mandatory transfer formalities invalidate alleged share and immovable property transfers based solely on unilateral records and accounting entries.

Companies Law

2026 (7) TMI 1461

Tender eligibility may assess promoter-director creditworthiness, with de facto corporate control prevailing over formal director reclassification.

Companies Law

2026 (7) TMI 1460

Civil jurisdiction over guarantees, mortgages and pledges survives despite NCLT debenture redemption remedies; secured assets receive limited interim protection.

Companies Law

2026 (7) TMI 1373

Amendment of company petitions can cover consequential rectification and subsequent resolutions while limitation objections remain for final determination.

Companies Law

2026 (7) TMI 1341

Director liability for unrecovered GST dues extends to connected entities where corporate structures may shield tax recovery.

Companies Law

2026 (7) TMI 846

Public duty in stock exchange governance may bring senior officers within anti-corruption law, subject to factual determination.

SEBI

2026 (7) TMI 1625

Alternative remedies for broker-share disputes precluded writ jurisdiction where arbitration and exchange grievance mechanisms remained uninvoked.

SEBI

2026 (7) TMI 1607

Suspension of securities-law sentences continues pending appeal, with deposit deadline extended and surrender deferred for one month.

SEBI

2026 (7) TMI 1606

Suspension of securities-law sentences granted pending appeals where statutory penalties, repeat prosecution, fines, and directorship remained arguable.

SEBI

2026 (7) TMI 1372

Subsidiary status requires statutory shareholding or board-control conditions; financial support and business arrangements alone cannot establish the relationship.

SEBI

2026 (7) TMI 1135

Pre-cognizance hearing rights apply before SEBI Special Courts take cognizance of complaints under the procedural framework.

SEBI

2026 (7) TMI 1678

Prior approval for liquidator arbitration is mandatory, but post facto approval makes an earlier invocation effective from approval.

IBC

2026 (7) TMI 1677

Reasoned fraud classification requires independent consideration of defences; reproducing audit observations and show-cause allegations is insufficient.

IBC

2026 (7) TMI 1624

Necessary-party requirement: Chapter 11 Trustee removed where no substantive relief or cause of action was pleaded against her.

IBC

2026 (7) TMI 1371

Supervisory jurisdiction cannot replace IBC appellate remedies for NCLT ex parte orders absent jurisdictional error or grave injustice.

IBC

2026 (7) TMI 1284

Alternative statutory remedies limit writ relief, while interim asset orders affecting unheard third parties cannot survive.

IBC

2026 (7) TMI 1283

Pre-existing dispute must be bona fide; admitted running-account liability supports admission of an operational creditor's insolvency application.

IBC

2026 (7) TMI 726

Director liability under FEMA requires proof of control or culpable involvement; mere designation alone does not justify penalty.

FEMA

2026 (7) TMI 660

Pre-deposit non-compliance under FEMA did not bar restoration where readiness to pay and medical hardship were shown.

FEMA

2026 (7) TMI 659

Sub judice protection under FEMA barred fresh notice and complaint based on the same cause of action, leading to quashing.

FEMA

2026 (7) TMI 658

Delayed import payments as trade credit under FEMA, with RBI permission unable to cure the contravention and directors held liable.

FEMA

2026 (7) TMI 1550

Mandatory opportunity notice and speedy trial protections can invalidate delayed foreign-exchange prosecutions despite available criminal revision.

FEMA

2026 (7) TMI 1370

Discretionary confiscation under FEMA permits penalties without forfeiting securities where adjudicatory discretion is properly exercised.

FEMA

2026 (7) TMI 1459

Exclusive supply and customer incentive arrangements require proof of actual foreclosure or denied market access to breach 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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

Law of Competition

2026 (7) TMI 1676

Regular bail in money-laundering proceedings follows prolonged custody, prior incarceration, unframed charges, and unlikely early trial completion.

Money Laundering

2026 (7) TMI 1675

Mandatory bail conditions in money-laundering cases prevail where the original bail order disregards material evidence and statutory presumptions.

Money Laundering

2026 (7) TMI 1549

Anticipatory bail under money-laundering law remains available where overseas service defects undermine allegations of deliberate evasion.

Money Laundering

2026 (7) TMI 1548

Proceeds of crime require a proven link to a completed scheduled offence before money-laundering bail restrictions apply.

Money Laundering

2026 (7) TMI 1547

Money-laundering discharge requires prima facie links to predicate-offence proceeds, while factual defences and valuation objections await trial.

Money Laundering

2026 (7) TMI 1546

Equivalent-value attachment can extend to pre-existing assets where alleged proceeds are untraceable and cash deposits remain unexplained.

Money Laundering

2026 (7) TMI 1674

Recovery from legal heirs requires statutory machinery; deceased sole proprietor's service-tax garnishee demand could not be enforced.

Service Tax

2026 (7) TMI 1673

Electricity transmission-related rentals, supervision charges and reimbursements qualified for exemption, leaving related service tax demands unsustainable.

Service Tax

2026 (7) TMI 1623

Extended limitation requires proof of wilful suppression or evasion intent; third-party tax data alone cannot sustain service-tax demands.

Service Tax

2026 (7) TMI 1622

Extended service-tax limitation requires proof of deliberate tax evasion, not merely third-party data discrepancies or return non-filing.

Service Tax

2026 (7) TMI 1621

Toleration of contractual breach requires prior consideration-linked consent; public infrastructure services and road-work relief remained exempt.

Service Tax

2026 (7) TMI 1620

Penalty waiver under the Sabka Vishwas Scheme extends to co-noticees after the principal noticee settles the service-tax demand.

Service Tax

2026 (7) TMI 1672

Effective cross-examination and consideration of material submissions required fresh excise adjudication after natural justice breaches were identified.

Central Excise

2026 (7) TMI 1671

Restoration of default-dismissed appeals requires Tribunal consideration where sufficient cause for non-appearance is established under procedural rules.

Central Excise

2026 (7) TMI 1616

Contractual default deposits remain liquidated damages, excluded from transaction value and incapable of supporting extended recovery or penalties.

Central Excise

2026 (7) TMI 1615

Finality of refund entitlement bars later recovery or rejection based on a renewed unjust enrichment objection.

Central Excise

2026 (7) TMI 1614

Surplus bagasse-based electricity sold externally does not trigger the Rule 6(3) CENVAT payment requirement.

Central Excise

2026 (7) TMI 1605

Settlement under the legacy dispute scheme waives Rule 26 penalties for co-noticees despite no separate declarations.

Central Excise

2026 (7) TMI 1670

Natural justice requires tax appeals to address written grounds; dismissal solely for non-appearance is invalid for non-application of mind.

VAT / Sales Tax

2026 (7) TMI 1613

Recovery from pension benefits requires impleading affected officers and providing them a fair opportunity of hearing.

VAT / Sales Tax

2026 (7) TMI 1612

Entry tax reassessment must reflect actual invoice recoveries after arbitral awards affecting meter-tampering charges.

VAT / Sales Tax

2026 (7) TMI 1611

Final resolution of underlying VAT liability required quashing forgery proceedings against a similarly placed co-accused.

VAT / Sales Tax

2026 (7) TMI 1610

Statutory interest on tax refunds remains payable despite departmental revision withdrawal under the monetary-limit litigation policy.

VAT / Sales Tax

2026 (7) TMI 1609

Turnover enhancement requires cogent evidence of undisclosed transactions; non-production of books during survey alone is insufficient.

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 (7) TMI 1669

Interim protection for unsecured project loans may require borrowers to create the contractually mandated Debt Service Reserve.

Indian Laws

2026 (7) TMI 1608

Inherent criminal jurisdiction remains limited where complaint material shows no prima facie offence and the dispute is civil.

Indian Laws

2026 (7) TMI 1529

Anticipated royalty governs stamp-duty valuation of indeterminate Government mining leases, while dead rent remains only a minimum payment.

Indian Laws

2026 (7) TMI 1528

Contractual GST computation remains arbitrable, but awards cannot apply unincorporated EPC tax guidelines to item-rate contracts.

Indian Laws

2026 (7) TMI 1527

Cheque dishonour liability of responsible individuals continues despite insolvency moratorium, liquidation, and suspension of the company board.

Indian Laws

2026 (7) TMI 1526

Handwriting comparison of cheque entries remains available when authorship is specifically alleged and directly affects execution credibility.

Indian Laws





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