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Recent Case Laws

View All
2026 (5) TMI 1730

Reasoned GST registration cancellation is mandatory; procedural defects can justify quashing despite delayed writ filing.

GST

2026 (5) TMI 1729

Valid service of statutory notice is mandatory before best judgment assessment; absence of proof renders the order unsustainable.

GST

2026 (5) TMI 1728

Bail in GST fraud case granted after prolonged custody, documentary evidence, and no real risk of tampering with trial evidence.

GST

2026 (5) TMI 1727

Statutory appellate remedy under GST must be pursued when the tribunal is functional, with mandatory pre-deposit compliance.

GST

2026 (5) TMI 1726

Mandatory safeguards in GST arrests require written grounds, proper service, and judicial scrutiny before remand can sustain custody.

GST

2026 (5) TMI 1725

Provisional attachment under GST lapses when the one-year statutory period expires, allowing the bank account to be operated.

GST

2026 (5) TMI 1719

Compounding fees from illegal mining activities under MMDR rules remained undisturbed after Supreme Court declined interference.

Income Tax

2026 (5) TMI 1718

Section 80IB(10) deduction fails where project participation and supporting records are not proved, despite land ownership not being mandatory.

Income Tax

2026 (5) TMI 1717

Client code modification in commodity trades: only embedded profit, not entire turnover, can be taxed under section 68.

Income Tax

2026 (5) TMI 1716

Rectification cannot reclassify accepted business receipts as unexplained income when the issue needs fresh fact-finding.

Income Tax

2026 (5) TMI 1715

Rebate under section 87A applies to short-term capital gains tax absent an express statutory exclusion.

Income Tax

2026 (5) TMI 1714

Section 87A rebate on long-term capital gains turns on express statutory exclusion and prospective amendment

Income Tax

2026 (5) TMI 936

Unexplained cash and benami property rules: tribunal holds income-tax filing readiness does not bar PBPT Act proceedings.

Benami Property

2026 (5) TMI 711

Benami transaction law applies to continued holding of property after amendment; provisional attachment upheld.

Benami Property

2026 (5) TMI 660

Benami property inference sustained where unexplained cash routing and insufficient income failed to rebut the source of consideration

Benami Property

2026 (5) TMI 659

Review jurisdiction after recall of a foundational judgment allowed recall of an earlier order and restoration of appeals on merits.

Benami Property

2026 (5) TMI 593

Benami claims and narrow fiduciary exceptions can defeat a plaint at threshold when the pleadings disclose an unlawful arrangement.

Benami Property

2026 (5) TMI 389

Benami attachment cannot extend to an abettor's own assets without proof the assets themselves are benami property.

Benami Property

2026 (5) TMI 1691

Customs confiscation and retracted statements: High Court restored absolute confiscation after finding no lawful provenance of high-purity gold.

Customs

2026 (5) TMI 1690

Pre-deposit under customs appeals: filing and registration may proceed without proof at threshold, while merits remain for later consideration.

Customs

2026 (5) TMI 1689

Anti-dumping duty timeline: failure to issue notification within the statutory window made the challenge infructuous.

Customs

2026 (5) TMI 1688

Customs valuation of used machinery: load port engineer's certificate prevails over local valuation when no cogent rejection grounds exist.

Customs

2026 (5) TMI 1687

Customs broker penalty under export overvaluation allegations fails where knowledge, participation, and confiscation-linked conduct are unproved.

Customs

2026 (5) TMI 1686

Customs penalty requires admissible corroboration; untested statements and unproven recovery cannot establish conscious involvement in smuggling.

Customs

2026 (5) TMI 930

Limitation and independent valuation principles led to rejection of challenges to removal from directorship and share dilution.

Companies Law

2026 (5) TMI 874

Transfer of winding up proceedings upheld where no irreversible stage was reached and expense claims could still be pursued

Companies Law

2026 (5) TMI 1447

Transposition after withdrawal is impermissible; review cannot reopen settled issues or create a fresh right to contest.

Companies Law

2026 (5) TMI 1384

Company law injunctions cannot restrain statutory director-removal process where shareholding is irrelevant and civil jurisdiction is barred.

Companies Law

2026 (5) TMI 1312

Look Out Circulars require tangible grounds and proportional restraint; speculative fear cannot justify restricting foreign travel under Article 21.

Companies Law

2026 (5) TMI 1107

Oppression and mismanagement applications require separate merits review for distinct events, while interim restraint may still be refused.

Companies Law

2026 (5) TMI 772

Condonation of delay in a first appeal granted where sufficient cause existed and the appellant was restored to appellate hearing on merits.

SEBI

2026 (5) TMI 1383

Impleadment of minority shareholders upheld where the writ outcome directly affected their independent interest.

SEBI

2026 (5) TMI 1036

Maintainability of SCORES-based relief claims: monetary compensation beyond tribunal jurisdiction, with other remedies left open.

SEBI

2026 (4) TMI 878

Late procedural objection without shown prejudice was insufficient to warrant interference under Article 136.

SEBI

2026 (4) TMI 1752

Conditional directions on SEBI fund-raising stand subject to dismissal of petitions and liberty to proceed in law

SEBI

2026 (3) TMI 1703

Writ impleadment and substantial interest: minority shareholders could join proceedings challenging revocation of a settlement order.

SEBI

2026 (5) TMI 1682

Section 9 insolvency maintainability turns on pre-existing dispute and contractually accepted interest for threshold computation.

IBC

2026 (5) TMI 1681

Cheating requires dishonest intent at inception; a contractual payment dispute cannot be converted into criminal prosecution.

IBC

2026 (5) TMI 1680

Financial debt under insolvency law requires real disbursal for time value of money; sham round-tripping does not suffice.

IBC

2026 (5) TMI 1679

Additional evidence and disputed lease transaction led to remand for fresh adjudication and reconsideration of liability.

IBC

2026 (5) TMI 1678

Commercial wisdom and statutory compliance limit rejection of a resolution plan; broad fairness objections alone are insufficient.

IBC

2026 (5) TMI 1677

Liquidation estate exclusion and jurisdiction limits kept title and security-interest disputes over cotton bales for another forum.

IBC

2026 (5) TMI 806

FEMA compliance on import remittances requires lawful utilisation or repatriation; unsupported third-party adjustments do not cure contravention.

FEMA

2026 (5) TMI 805

Importer's failure to prove imports and absence of due diligence sustained FEMA liability, though penalty was reduced.

FEMA

2026 (5) TMI 515

Foreign buyer commission not export proceeds absent exporter's receivable entitlement; FEMA penalty fails on that basis.

FEMA

2026 (5) TMI 514

Form FC-GPR reporting delay cannot be fastened on company where authorised dealer bank caused the forwarding lapse.

FEMA

2026 (5) TMI 1600

FEMA seizure under Section 37A depends on holding of the foreign asset at seizure and can be lifted after repatriation.

FEMA

2026 (5) TMI 1102

FEMA penalty cannot rest on inapplicable borrowing rules or unpleaded downstream investment allegations

FEMA

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 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 (1) TMI 1401

Coal handling charges at port found imposed through mandatory coordination fees; impugned order set aside and remitted.

Law of Competition

2026 (1) TMI 1164

Competition law principles on cartelisation, dominance and prima facie closure in vendor procurement disputes

Law of Competition

2026 (5) TMI 1674

PMLA arrest challenge: Supreme Court dismisses SLP and permits regular bail on its own merits.

Money Laundering

2026 (5) TMI 1673

PMLA investigation can proceed without an FIR, and Section 50 summons is not usually open to writ challenge.

Money Laundering

2026 (5) TMI 1672

Bank account freezing requires lawful authority; suspicious transaction reporting alone does not permit unilateral restrictions.

Money Laundering

2026 (5) TMI 1671

PMLA retention and seizure upheld where pending complaint, ongoing tracing of assets, and unexplained source of property supported action.

Money Laundering

2026 (5) TMI 1599

Burden of proof in money laundering attachment: unsubstantiated investment claims fail, and equivalent-value property may still be attached.

Money Laundering

2026 (5) TMI 1598

Proceeds of crime under PMLA upheld where a money trail linked diverted company funds to appellants and lawful source was unproved

Money Laundering

2026 (5) TMI 1670

CIF import service tax liability cannot be fastened on the Indian importer for ocean freight paid by the foreign supplier.

Service Tax

2026 (5) TMI 1669

Employee-employer exclusion bars service tax on whole-time directors' remuneration; duplicate demand also fails where tax was already paid from the proper office.

Service Tax

2026 (5) TMI 1668

Extended limitation fails where the Department already knew the credit issue; trading-linked Cenvat credit needs proportionate reversal.

Service Tax

2026 (5) TMI 1667

Goods transportation without consignment note stayed in the negative list; mining service demand was unsustainable.

Service Tax

2026 (5) TMI 1666

Extended limitation fails where service tax demand rests only on third-party financial data without independent verification.

Service Tax

2026 (5) TMI 1665

Service tax demand fails where receipts were explained by job work, works contract, and sale of goods records, without Section 73 conditions being met.

Service Tax

2026 (5) TMI 1663

Excisability and manufacture in excise law: mere cutting or routing of composite panels is not enough to create duty liability.

Central Excise

2026 (5) TMI 1662

Textile cess liability turns on statutory definition of manufacture and limitation under the cess rules.

Central Excise

2026 (5) TMI 1661

Low tax effect and litigation policy left the vires challenge to Rule 8(3A) open; SLP dismissed.

Central Excise

2026 (5) TMI 1660

Communication of order for limitation cannot be presumed from dispatch where postal evidence rebuts service.

Central Excise

2026 (5) TMI 1659

Pre-deposit compliance under excise law required fresh appellate consideration after the writ relief exceeded the petition's scope.

Central Excise

2026 (5) TMI 1658

Clubbing of sister concerns and clandestine removal require independent evidence; uncorroborated statements and records were insufficient here.

Central Excise

2026 (5) TMI 973

Inter-State sale of natural gas determined by contractual delivery point; Uttar Pradesh could not levy local VAT.

VAT / Sales Tax

2026 (5) TMI 752

Consignment transfer burden of proof failed, so goods were treated as inter-State sales and penalty was upheld.

VAT / Sales Tax

2026 (5) TMI 576

Documentary proof and burden shift sustain civil money claim; limitation plea fails due to Covid-19 extension.

VAT / Sales Tax

2026 (5) TMI 1656

Commercial sense test excludes amusement rides from sport goods classification under the tax notification.

VAT / Sales Tax

2026 (5) TMI 1295

Stock transfer under CST law prevails where depot-level sales follow a framework arrangement and Form F defects are only procedural.

VAT / Sales Tax

2026 (5) TMI 1022

Captive mine job work and explosives used in mining can still support input tax credit in an integrated production process.

VAT / Sales 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

2024 (12) TMI 664

ITAT recalls ex parte wealth tax orders after representative's death created compelling circumstances under Rule 24

Wealth-tax

2026 (5) TMI 1654

Demand of illegal gratification is essential in corruption cases; mere recovery and weak evidence cannot sustain conviction.

Indian Laws

2026 (5) TMI 1582

Further investigation needs Magistrate's leave, and a predominantly civil commercial dispute cannot be converted into criminal prosecution.

Indian Laws

2026 (5) TMI 1581

Section 141 liability requires specific factual linkage; bare office-bearer status is insufficient, but prima facie participation can sustain prosecution.

Indian Laws

2026 (5) TMI 1580

Clean slate effect under the IBC bars past claims and supports immunity from liability after resolution plan approval.

Indian Laws

2026 (5) TMI 1512

Industrial tariff incentives confined to new units; clarificatory amendment relates back and promissory estoppel cannot expand entitlement.

Indian Laws

2026 (5) TMI 1511

Section 138 complaint defects do not upset conviction absent prejudice; sentence may still be reduced on facts.

Indian Laws





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