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Recent Case Laws

View All
2026 (3) TMI 1363

GST penalty and interest computation must reflect admitted payments, with excess tax adjusted before any fresh demand.

GST

2026 (3) TMI 1361

Statutory alternate remedy and GST pre-deposit requirements bar writ intervention when the appellate tribunal is functional.

GST

2026 (3) TMI 1360

Wrong jurisdiction in statutory appeal can be cured by restoration and transfer to the competent appellate authority.

GST

2026 (3) TMI 1359

Interim protection against CGST Section 168A notifications stayed impugned orders and coercive recovery measures pending final hearing.

GST

2026 (3) TMI 1358

Bail in alleged fraudulent input tax credit case granted where no exceptional grounds justified continued detention.

GST

2026 (3) TMI 1357

Bank guarantee for detained goods cannot be continued where consistent GST compliance sufficiently secures the revenue's interest.

GST

2026 (3) TMI 1355

Interest on refund for self-assessment tax paid in anticipation runs from the date of payment, not from later adjustment.

Income Tax

2026 (3) TMI 1354

Issuance of electronic tax notice depends on despatch beyond control, with delay and merits defeating the Special Leave Petition.

Income Tax

2026 (3) TMI 1353

Invalid reassessment notice cannot be cured by acceptance of return or defeat relief on delay grounds.

Income Tax

2026 (3) TMI 1352

Property attachment must track only surviving tax demand; excess recovery action and related attachments cannot be sustained.

Income Tax

2026 (3) TMI 1351

Transfer pricing precedent bars AMP and receivables adjustments, while FAR-based comparable selection was also sustained.

Income Tax

2026 (3) TMI 1350

Alternate statutory remedy bars writ jurisdiction where tax interpretation issues can be pursued in appeal.

Income Tax

2026 (3) TMI 263

Benami transaction: proceeds and post-amendment holdings treated as benami; fiduciary defence denied where personal benefit and control exist.

Benami Property

2026 (3) TMI 219

Limited grounds for review under Prohibition of Benami Act; without mistake or new evidence, voiding of IDS certificates denied.

Benami Property

2026 (3) TMI 1331

Benami property under PBPTA affirmed where trusts funded purchase and title stood in another's name for their benefit.

Benami Property

2026 (2) TMI 1352

Benami Transactions confirmed; provisional attachment upheld while beneficial owner identity is referred for limited reinvestigation.

Benami Property

2026 (2) TMI 1293

Benami transaction: proof of consideration and control by beneficial owner upholds provisional attachment and dismisses appeals.

Benami Property

2026 (2) TMI 1292

Fiduciary exception rejected; provisional attachment under benami law affirmed where transfers were one way unaccounted accommodation entries.

Benami Property

2026 (3) TMI 1362

Import valuation and classification require evidence; minor excess quantity and unsupported reports cannot sustain confiscation or re-determination.

Customs

2026 (3) TMI 1330

Imported goods classification dispute ends with dismissal after delay was condoned and no interference found warranted.

Customs

2026 (3) TMI 1329

Beneficial import policy amendment allowed redemption for home consumption after confiscation, instead of re-export-only clearance.

Customs

2026 (3) TMI 1328

Substantial compliance preserves customs exemption where country-of-origin markings are absent but origin documents remain consistent.

Customs

2026 (3) TMI 1327

Project import exemption for toll system goods upheld; sub-contractor status proved through project records and post-completion transfer was not prohibited disposal.

Customs

2026 (3) TMI 1326

Misdeclared SEIS scrips can trigger customs recovery and confiscation, but personal penalty needs independent culpability.

Customs

2026 (3) TMI 992

Rights Issue compliance affirmed; allotments and capital increase not oppression and interim restraint refused as premature.

Companies Law

2026 (3) TMI 857

Appealability of Contempt Notices: initiation by notice is not appealable, while disclosure directions for forensic audit need no appellate interference.

Companies Law

2026 (3) TMI 665

Transmission of shares to legal heirs may be ordered interim on prima facie entitlement while reserving full title adjudication.

Companies Law

2026 (3) TMI 1157

Leave to institute proceedings for specific performance permitted without conferring title; sale process to proceed after fresh valuation.

Companies Law

2026 (3) TMI 1156

Appointment of Administrator upheld, with conditional leave for forensic examination of disputed receipts during administration or buyout.

Companies Law

2026 (3) TMI 1087

Statutory Threshold for Investigation: administrative order quashed for failing to disclose material basis for exercise of investigatory power.

Companies Law

2026 (3) TMI 856

Evidentiary Power: regulator and appellate forum may take and conduct evidence, but external enquiry reports not on record are inadmissible.

SEBI

2026 (3) TMI 855

Disclosure obligations in IPO prospectuses: non-interference affirmed, regulatory disclosure order and lower ruling left intact.

SEBI

2026 (3) TMI 1255

Promoter-group status and connected trading can support minimum public shareholding breach and fraudulent market conduct findings.

SEBI

2026 (3) TMI 1086

Fraud and disclosure: post facto shareholder ratification cannot validate diversion of issue proceeds; regulatory penalties restored.

SEBI

2026 (3) TMI 1085

Appellate deference preserved; limited interim withdrawal allowed for urgent expenditure as exception while preserving tribunal enforceability.

SEBI

2026 (1) TMI 1583

Disclosure in civil-consequence proceedings must support defence, while immediate cross-examination may be deferred until pleadings are complete.

SEBI

2026 (3) TMI 1325

Pre-existing dispute under insolvency law defeated the section 9 application where invoice disputes were plausible and material.

IBC

2026 (3) TMI 1324

Project-specific CIRP in real estate insolvency confined to one project, while debt, default and separate creditor proceedings were upheld.

IBC

2026 (3) TMI 1323

Pre-existing dispute under insolvency law must relate to the same debt; separate contract disputes do not bar a section 9 claim.

IBC

2026 (3) TMI 1322

Corporate debtor assets omitted from the information memorandum can still vest in the resolution applicant after plan implementation.

IBC

2026 (3) TMI 1321

Debt and default govern Section 7 admission; creditor conduct, OTS rejection, and pending arbitration did not stop CIRP.

IBC

2026 (3) TMI 1320

Reasoned adjudication on merits required where pending appeal did not justify denial of relief in a connected insolvency matter.

IBC

2026 (3) TMI 988

Delay in issuance of show cause notices invalidates proceedings where preservation expired and no extension was directed.

FEMA

2026 (3) TMI 987

Preponderance of probabilities: contemporaneous records and admissions suffice to establish foreign-directed payments; penalties must be proportionate.

FEMA

2026 (3) TMI 923

Prolonged Delay in Adjudication reduces penalty despite corroborative evidence, resulting in partial allowance and mitigation of sanction.

FEMA

2026 (3) TMI 922

Civil penalty liability without mens rea affirmed, with proportionality reduction and pre-deposit adjustment in sanction.

FEMA

2026 (3) TMI 921

Unauthorized online forex derivatives trading triggers liability under FEMA, but mitigating factors can reduce the civil penalty imposed.

FEMA

2026 (3) TMI 1319

Deemed liability under FEMA cannot survive once the firm's contravention is finally set aside; partner's penalty and confiscation fall.

FEMA

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 393

Bid rigging in public tender bids-common IPs, call records and shared EMD led to s.3(3) breach upheld.

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

Use of Crystalline Durability Admixture in heavy infrastructure projects: nationwide market accepted, no dominance or anti-competitive conduct found, appeal dismissed

Law of Competition

2026 (1) TMI 1081

Abuse of dominance investigation notice requirement clarified: no initial notice if no prima facie case; informant need not be heard.

Law of Competition

2025 (12) TMI 1317

WhatsApp user data sharing for advertising and other non-essential purposes-clarification allowed requiring express, revocable opt-in/opt-out consent

Law of Competition

2026 (3) TMI 1318

Provisional attachment under PMLA sustained where banking trail linked property to tainted funds and burden to prove innocence was not met.

Money Laundering

2026 (3) TMI 1317

PMLA attachment and release of proceeds of crime: liberty preserved to seek release before the Special Court after investor dues are settled.

Money Laundering

2026 (3) TMI 1207

Prima facie evidence and witness intimidation risk justified refusal of bail in a violent mob attack investigation.

Money Laundering

2026 (3) TMI 1206

Equivalent-value attachment under PMLA sustained where tainted assets were not traceable and transaction records showed fund deployment.

Money Laundering

2026 (3) TMI 1078

Provisional attachment: continued possession or use of pre Act proceeds permits PMLA attachment when activity continues after commencement.

Money Laundering

2026 (3) TMI 1077

Flow of tainted funds must be shown to attach property; common directorship alone cannot support provisional attachment.

Money Laundering

2026 (3) TMI 1316

Limitation under service tax law barred the demand where suppression with intent to evade was not established.

Service Tax

2026 (3) TMI 1315

Goods transport operator service tax demand fails when notice does not match the special statutory return scheme.

Service Tax

2026 (3) TMI 1314

Refund limitation does not bar recovery of excess service tax paid by mistake; refund with interest was allowed.

Service Tax

2026 (3) TMI 1313

Processing of tobacco leaves on job work basis treated as exempt agricultural processing, not Business Auxiliary Service.

Service Tax

2026 (3) TMI 1312

Employment-oriented language and computer training qualifies as vocational training, preserving service tax exemption for the relevant period.

Service Tax

2026 (3) TMI 1248

Service tax demand cannot rest on Form 26AS alone; lack of independent verification defeats extended limitation.

Service Tax

2026 (3) TMI 1311

Pre-2008 input service definition supported Cenvat credit for outward freight, with valid transporter invoices also sustaining credit.

Central Excise

2026 (3) TMI 1245

Common credit reversal under Rule 6(3A) cannot override disclosed records, and extended limitation fails without suppression.

Central Excise

2026 (3) TMI 1244

Procedural delay in filing exemption statement does not defeat area-based excise refund where substantive conditions are met.

Central Excise

2026 (3) TMI 1243

Job-work valuation excludes duty-paid scrap and delivery charges beyond the assessable stage.

Central Excise

2026 (3) TMI 1242

Extended limitation and transaction value deductions failed where invoice-based clearances and documented discounts supported the assessee.

Central Excise

2026 (3) TMI 1148

Motor spirit classification requires engine suitability; failure on suitability led to denial of classification for the products.

Central Excise

2026 (3) TMI 1310

Efficacious statutory remedy and post-notice hearing generally bar writ interference with tax assessment notices under the VAT regime.

VAT / Sales Tax

2026 (3) TMI 1309

Reasoned stay orders under the Odisha Entry Tax Act are mandatory; refusal without reasons was set aside and remitted.

VAT / Sales Tax

2026 (3) TMI 1145

Condonation of Delay affirmed; special leave petition dismissed and no appellate constitutional interference granted under extraordinary jurisdiction principle.

VAT / Sales Tax

2026 (3) TMI 1144

Condonation of delay requires cogent, corroborated reasons; unexplained prolonged delay defeats application and renders petition time-barred.

VAT / Sales Tax

2026 (3) TMI 1060

Delay in Review Petitions: long unexplained delay and no error apparent on record, petitions dismissed on delay and merits.

VAT / Sales Tax

2026 (3) TMI 1059

Subcontractor turnover: Revisional interference set aside where subcontractors included turnover and discharged tax, refund and penalties quashed.

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 (3) TMI 1240

Security cheques can trigger Section 138 liability when debt exists on presentation; director liability depends on proper averments.

Indian Laws

2026 (3) TMI 1239

Telephone tapping and privacy rights: interception without statutory preconditions or mandatory safeguards was held illegal and unusable.

Indian Laws

2026 (3) TMI 1143

Successor Management Immunity: New management not liable for pre-takeover cheque dishonour; remedy lies against former directors.

Indian Laws

2026 (3) TMI 1142

Prima facie arbitration agreement found; arbitrator appointed and joinder of a non signatory left to the arbitral tribunal.

Indian Laws

2026 (3) TMI 1058

Cheque Dishonour Liability: where debt arose from a partnership, prosecution of an individual partner fails without firm impleadment or proof of personal debt.

Indian Laws

2026 (3) TMI 1057

Liability for dishonoured cheques remains personal despite firm non impleadment; territorial defects are curable and proceedings stand.

Indian Laws





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