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Recent Case Laws

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2026 (10) TMI 792

Omission of Rule 96(10) without a saving clause leaves refund-recovery orders undisturbed on constitutional validity.

GST

2026 (10) TMI 791

GST registration restoration despite expiry of revocation time limits remains conditional on payment of statutory liabilities.

GST

2026 (10) TMI 790

Alternative remedy in GST disputes channels contested service and adjudication-record objections to statutory appellate review.

GST

2026 (10) TMI 789

Portal-only show-cause notice uploads can breach natural justice, requiring merits review despite a limitation-based appellate rejection.

GST

2026 (10) TMI 788

Procedural fairness in GST adjudication led to fresh proceedings after lack of separate intimation and a post-reply hearing.

GST

2026 (10) TMI 787

Portal-only service of statutory notices can breach natural justice, requiring fresh notice, hearing, and reasoned adjudication.

GST

2026 (10) TMI 762

Refund of partnership payments for a partner's tax demand fails where deposits and cheque were voluntarily tendered.

Income Tax

2026 (10) TMI 761

Assessment reopening requires year-specific material; loans received in an earlier year cannot support reopening for a later year.

Income Tax

2026 (10) TMI 760

Cryptocurrency disclosure in income-tax returns defeats reassessment where sales, stock and income were fully reported.

Income Tax

2026 (10) TMI 759

Reassessment after scrutiny requires fresh tangible material; reopening a disclosed capital loss on identical facts is invalid.

Income Tax

2026 (10) TMI 758

Wrongful PAN linkage invalidates tax assessment and penalties for company transactions wrongly attributed to an individual taxpayer.

Income Tax

2026 (10) TMI 757

Sufficient cause for delay requires a bona fide explanation, barring Revenue condonation for prolonged administrative inaction.

Income Tax

2026 (9) TMI 1948

Section 24 provisional attachment permits same-day notice, approval and attachment when statutory conditions and prior approval are satisfied.

Benami Property

2026 (9) TMI 1390

Final tax adjudication findings negating benami transactions and confirming disclosure undermined prosecution, requiring quashing of criminal proceedings.

Benami Property

2026 (9) TMI 1229

Benami confiscation takes precedence over a subsequent secured mortgage, leaving lenders to pursue alternate collateral and statutory claims.

Benami Property

2026 (10) TMI 739

Benami transaction requirements cover legitimate funds when consideration and beneficial ownership conditions are met, leaving no review error.

Benami Property

2026 (10) TMI 655

Retroactive Benami enforcement applies procedural amendments, while evidence of funding and control supports property attachment.

Benami Property

2026 (10) TMI 491

Benami transaction indicators established beneficial ownership where the recorded purchaser lacked funds and acted on another's directions.

Benami Property

2026 (10) TMI 738

Error Apparent on Record Defines the Review Threshold in an Appeal-Maintainability Dispute Involving Monetary Limits.

Customs

2026 (10) TMI 737

Provisional release of imported nut pieces was confirmed where testing indicated cattle-feed use and no prima facie prohibition.

Customs

2026 (10) TMI 736

Reasonable-period limit on drawback recovery invalidates unexplained proceedings initiated years after payment where fraud or suppression is absent.

Customs

2026 (10) TMI 735

Pakistani-origin import and transit prohibition applies to transhipped consignments entering India, subject to customs origin verification and seizure.

Customs

2026 (10) TMI 734

Container release requires de-stuffing charges and importer notice where cargo remains inside and the importer is absent.

Customs

2026 (10) TMI 733

Customs revaluation requires corroborated valuation evidence and statutory confiscation procedure, preventing differential duty, fines, and extended-period recovery.

Customs

2026 (10) TMI 732

Civil jurisdiction over inherited company-held assets survives where statutory bars and benami objections require evidentiary determination.

Companies Law

2026 (10) TMI 731

Review jurisdiction excludes unclaimed capital-reduction refunds from Investor Education and Protection Fund transfer rules in this context.

Companies Law

2026 (10) TMI 730

Co-operative bank winding-up requires statutory inspection, reasons and a meaningful hearing; Reserve Bank requisition alone is insufficient.

Companies Law

2026 (10) TMI 649

Fair valuation-based buy-out directions were stayed pending appeal amid disputed valuations and minority shareholder exclusion concerns.

Companies Law

2026 (10) TMI 648

Representative stakeholder remedies cannot be pursued individually to reopen concluded oppression and mismanagement proceedings or challenge class-wide final relief.

Companies Law

2026 (10) TMI 253

Company-name rectification requires holistic comparison: TOPLAD too nearly resembles TOPLAND, without proving likely consumer confusion.

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

Cross-segment derivatives price manipulation triggers interim market-access restraints, asset preservation, and disclosure obligations pending investigation.

SEBI

2026 (10) TMI 729

Clean slate protection extinguishes excluded water-charge claims after resolution-plan approval, preventing recovery from the corporate debtor.

IBC

2026 (10) TMI 728

CIRP restoration discretion requires record-based reasons before liquidation can override a unanimous creditor decision on value maximisation.

IBC

2026 (10) TMI 727

Agreement-Based Security Interests Exclude Statutory Tax Charges from Secured-Creditor Priority in Corporate Insolvency Resolution Processes

IBC

2026 (10) TMI 726

Interim Stay of Insolvency Professional Suspension Refused Where Disciplinary Findings Showed Prima Facie Regulatory Breaches

IBC

2026 (10) TMI 645

Resolution-plan clean slate permits surviving debtor claims while limiting extinguished operational creditor claims to defensive set-off in arbitration.

IBC

2026 (10) TMI 579

Creditor insolvency petitions require an actual statutory act of insolvency; non-payment or attempted transfers do not suffice.

IBC

2026 (9) TMI 2006

FEMA civil penalties apply without mens rea where charitable trusts retain non-resident rupee borrowings beyond permitted periods.

FEMA

2026 (9) TMI 1846

Mandatory FEMA preliminary procedure invalidates adjudication where borrower eligibility is assessed without considering applicable external borrowing circulars.

FEMA

2026 (9) TMI 1427

Prospective application of FEMA seizure powers permits scrutiny of post-commencement payments, while unreasoned NOC refusals require reconsideration.

FEMA

2026 (9) TMI 1217

Civil FEMA liability for non-compliant foreign investment does not require mens rea and may support property confiscation.

FEMA

2026 (10) TMI 477

FERA civil penalties do not require mens rea, while proportionality review permits interference only for shocking excess.

FEMA

2026 (10) TMI 476

FEMA evidence rules uphold corroborated electronic records but reject liability founded solely on unsupported extrapolated import transactions.

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 (10) TMI 725

Freezing orders under anti-money-laundering law need not state reasons where statutory adjudication and appellate remedies remain available.

Money Laundering

2026 (10) TMI 724

Money-laundering attachment for unauthorised Tramadol exports survives where destination concealment and quantified proceeds of crime are established.

Money Laundering

2026 (10) TMI 644

Likelihood of concealment limits attachment of seized or mortgaged assets, while equivalent-value property may secure dissipated proceeds.

Money Laundering

2026 (10) TMI 575

Money-laundering bail restrictions leave regular bail refusal undisturbed when special leave review declines intervention.

Money Laundering

2026 (10) TMI 475

Corporate liability for alleged money laundering requires evidence linking the company, not merely directors' personal land transactions.

Money Laundering

2026 (10) TMI 454

Premature PMLA challenge disposed of, with liberty to seek adjournment pending resolution of connected proceedings on the issue.

Money Laundering

2026 (10) TMI 723

Service-tax clarification powers: jurisdictional authorities cannot issue binding liability clarifications outside statutory adjudication or the advance-ruling framework.

Service Tax

2026 (10) TMI 722

Service tax timing depends on when commission-agent services were performed, not later commission receipt, preserving the applicable exemption.

Service Tax

2026 (10) TMI 721

Railway original works exemption protects composite infrastructure contracts, while shared tax data cannot alone establish suppression.

Service Tax

2026 (10) TMI 720

Works contract valuation and verified taxable receipts restrict differential service-tax demands involving ready-mix concrete production activities.

Service Tax

2026 (10) TMI 719

CENVAT credit for motor vehicles remained available where wrongly paid service tax exceeded the disputed credit reversal.

Service Tax

2026 (10) TMI 718

Service tax valuation excludes recipient-borne TDS, while procedural lapse does not defeat adjustment of advance GTA tax.

Service Tax

2026 (10) TMI 713

Captive consumption exemption for inputs turned on whether by-products, waste or residue were marketable and excisable; appeals were dismissed.

Central Excise

2026 (10) TMI 712

CENVAT credit on moulds sent for job work remains available where the revenue-neutral arrangement creates no double credit.

Central Excise

2026 (10) TMI 711

Commission-agent services for depot sales qualify for CENVAT credit when distributed through an Input Service Distributor.

Central Excise

2026 (10) TMI 710

Capital-goods CENVAT credit survives works-contract installation when duty-paid components are received and used in the manufacturer's factory.

Central Excise

2026 (10) TMI 709

Retrospective exemption scope covers site-manufactured Ready Mix Concrete, defeating duty demand and extended limitation period.

Central Excise

2026 (10) TMI 708

CENVAT credit remains available for excise duty paid during default periods despite the Rule 8(3A) restriction.

Central Excise

2026 (10) TMI 707

Prior sanction for specified fiscal offences does not shield independent forgery charges involving disputed tax-evasion transactions.

VAT / Sales Tax

2026 (10) TMI 467

CERSAI-registered security interests take priority over unregistered GST charges, invalidating restraints on NOCs for secured assets.

VAT / Sales Tax

2026 (10) TMI 466

Self-assessed VAT refunds remain payable when no assessment, audit, or void arrangement proceedings justify withholding them.

VAT / Sales Tax

2026 (10) TMI 450

Non-interference with a VAT order left the challenged ruling intact and ended the special leave petition.

VAT / Sales Tax

2026 (10) TMI 388

Physical Form at Sale Governs Fiscal Classification, Leaving Powder and Biscuit Drink Preparations Under Residuary Treatment

VAT / Sales Tax

2026 (10) TMI 299

Statutory Preconditions for Tax Scrutiny Bar Proceedings Without Notice, Timely Action, and Gazette-Notified Delegated Authority

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 3

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

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 (10) TMI 706

Third-party possession objections require adjudication before coercive recovery can displace a claimant from auctioned property.

Indian Laws

2026 (10) TMI 569

Quashing limits in cheque dishonour disputes require trial where cheque identity and evidentiary effect remain factually contested.

Indian Laws

2026 (10) TMI 465

Disciplinary misconduct proceedings continue despite complaint withdrawal, while review requires demonstrable grounds and Article 226 intervention remains limited.

Indian Laws

2026 (10) TMI 464

Additional evidence under Section 311 CrPC may be admitted after closure when necessary to explain disputed payment records.

Indian Laws

2026 (10) TMI 463

Limited public-policy review preserves maritime arbitral awards where untimely bias challenges and unjustified termination fail.

Indian Laws

2026 (10) TMI 462

Section 37 bail conditions can be met where prolonged custody and weak contraband linkage support regular bail.

Indian Laws


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