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Recent Case Laws

View All
2026 (10) TMI 1641

GST refund claims outside an arbitration clause remain subject to writ review, not mandatory arbitral remedy.

GST

2026 (10) TMI 1640

Unutilised input tax credit refund for zero-rated supplies faces dismissal where the special leave petition is delayed and merits fail.

GST

2026 (10) TMI 1639

Effective service of GST show-cause notices requires alternative modes and meaningful personal hearing before ex parte assessment.

GST

2026 (10) TMI 1638

Contractual GST allocation permits supplier reimbursement but does not prevent statutory recovery from the taxpayer.

GST

2026 (10) TMI 1637

Retrospective GST registration cancellation requires prior notice; cancellation beyond the show-cause notice's scope cannot stand.

GST

2026 (10) TMI 1636

Tax reimbursement under contractual clauses remains payable on proof of CGST and SGST payment despite missing schedules.

GST

2026 (10) TMI 1622

Recording satisfaction in reassessment proceedings remained undecided after special leave petitions on penalty provisions were dismissed for delay.

Income Tax

2026 (10) TMI 1621

Reassessment notice validity turns on statutory sanction, pre-notice procedure, and information suggesting income escapement requirements.

Income Tax

2026 (10) TMI 1620

Priority between PMLA attachment and tax recovery governs use of seized assets under competing overriding statutory regimes.

Income Tax

2026 (10) TMI 1619

Characterisation of locker gold as bullion bars supported refusal to interfere and dismissal of the special leave petition.

Income Tax

2026 (10) TMI 1618

Review jurisdiction over tax-evasion prosecution issues fails where delay remains unexplained and no merits warrant reconsideration.

Income Tax

2026 (10) TMI 1617

Assessment centralisation after a search may support coordinated investigation where material links the assessee with the searched group.

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 (10) TMI 814

Benami cash transfers through proprietorship accounts may trigger limited attachment despite subsequent banking retransfer to the beneficial owner.

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 1582

SEZ-to-DTA computer classification under Heading 9804 involved dutiable-goods scope, IGST distinction, penalty, interest and appeal dismissal.

Customs

2026 (10) TMI 1581

Customs tariff classification dispute over Ethernet switch imports ended with dismissal of the delayed Civil Appeal.

Customs

2026 (10) TMI 1580

Procedural fairness permits customs appeal respondents to contest maintainability despite prior admission and without interim relief.

Customs

2026 (10) TMI 1579

Written acceptance of customs reassessment preserves challenge rights; undisclosed NIDB data alone cannot justify enhanced import valuation.

Customs

2026 (10) TMI 1578

Tariff classification of boiler support structures turns on sole-use machinery-part identity, excluding structural steel and prefabricated-building headings.

Customs

2026 (10) TMI 1507

Interim protection against operational suspension granted where the suspension appeared unjustified and the regulatory inquiry timeline was not followed.

Customs

2026 (10) TMI 1577

Liquidation asset-disclosure powers support summons of former directors and require renewed e-bidding after technical failures.

Companies Law

2026 (10) TMI 1499

Civil court jurisdiction survives for challenges to registered sale deeds despite the Companies Act tribunal bar.

Companies Law

2026 (10) TMI 1463

Company Court jurisdiction over liquidation assets permits title determination and expert-assisted sale of paintings within the liquidation estate.

Companies Law

2026 (10) TMI 1393

Prima facie cognizance scrutiny excludes defence evidence and mini-trials when complaints disclose alleged investigation non-cooperation.

Companies Law

2026 (10) TMI 1313

SFIO investigation assignment requires recorded public-interest reasons and relevant material; unreasoned investigations and prosecutions cannot stand.

Companies Law

2026 (10) TMI 1087

Proprietary security in pledged shares prevails over unspecified negative liens, personal guarantees, and unrecorded oral undertakings.

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 1576

Pending NCLT insolvency proceedings require petitioners to pursue available remedies before the Tribunal rather than continue writ relief.

IBC

2026 (10) TMI 1392

Interim Possession of Secured Property Transferred to Auction Purchaser Pending Resolution of Bankruptcy Process and Payment Timeline

IBC

2026 (10) TMI 1391

Former Resolution Professional loses standing to pursue personal insolvency process appeals after replacement by a new appointee.

IBC

2026 (10) TMI 1312

Expired public works contracts cannot be revived through insolvency orders after participation in replacement tendering.

IBC

2026 (10) TMI 1311

Share-purchase consideration requires independent proof of time value of money before it can qualify as financial debt.

IBC

2026 (10) TMI 1310

Pre-existing quality dispute bars insolvency admission where contemporaneous material shows a plausible contested operational debt before demand notice.

IBC

2026 (10) TMI 979

Corroborated retracted statements support foreign-exchange liability, while unquantified contraventions require proportionate monetary penalties based on proved circumstances.

FEMA

2026 (10) TMI 804

Conflict-of-interest qualifying conditions extend uniformly to borrowers, subsidiaries and associates of a credit rating agency's promoter.

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 1498

Roster allocation for foreign-exchange adjudication writ petitions places them in the revenue-and-tax group, not the residuary group.

FEMA

2026 (10) TMI 1308

Reasoned adjudicatory orders require disclosed evidence and reasons, requiring fresh adjudication where a penalty finding lacks support.

FEMA

2026 (10) TMI 1080

Foreign-exchange contraventions require proven seizure, admissible records, and corroborated voluntary statements before statutory presumptions or burden shifting can operate.

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 1575

Statutory retention limits require release of seized property and frozen lockers when continued restraint lacks adjudicatory authorisation.

Money Laundering

2026 (10) TMI 1574

Joint laundering threshold determines first-proviso relaxation; bail requires prima facie linkage to proceeds of crime and low reoffending risk.

Money Laundering

2026 (10) TMI 1573

Speedy trial protection can override PMLA bail conditions when unexplained delays make scheduled-offence and laundering trials realistically unattainable.

Money Laundering

2026 (10) TMI 1572

PMLA bank-account freezes require statutory adjudication of any continuing restraint against identifiable proceeds of crime after review.

Money Laundering

2026 (10) TMI 1390

Proceeds-of-crime attachment requires a demonstrated link between property and a scheduled offence, not merely legitimate banking transactions.

Money Laundering

2026 (10) TMI 1389

Foreign bank funds under confirmed provisional attachment cannot be transferred pending adjudication, preserving the attachment's effectiveness.

Money Laundering

2026 (10) TMI 1571

Pre-Show Cause Notice Consultation and Works-Contract Exemptions Defeated Service-Tax Demand, Interest and Penalties in Full.

Service Tax

2026 (10) TMI 1570

Independent corroborative evidence is required before income-tax data can support extended-period service-tax demands and related interest recovery.

Service Tax

2026 (10) TMI 1569

Single residential unit construction exemption excludes qualifying original works from service tax when outside residential complexes.

Service Tax

2026 (10) TMI 1568

Recovery proceedings for irregular CENVAT credit are required before refund denial under former export-service rules.

Service Tax

2026 (10) TMI 1497

Limitation for Finance Act refund claims bars applications filed after the prescribed six-month filing period.

Service Tax

2026 (10) TMI 1496

Extended service-tax limitation requires proven intentional suppression; tax non-payment, non-registration, and return defaults alone do not suffice.

Service Tax

2026 (10) TMI 1567

Sufficient cause for appeal delay requires diligent action; internal failures and COVID-19 disruptions were insufficient.

Central Excise

2026 (10) TMI 1566

CENVAT credit for taxed job-work services remains available where the service supports manufacture despite an available exemption.

Central Excise

2026 (10) TMI 1484

Captive electricity generation supports CENVAT credit where power serves connected manufacturing units and is neither sold nor diverted externally.

Central Excise

2026 (10) TMI 1483

Extended-period limitation requires factual adjudication of a time-bar objection before the demand can be sustained.

Central Excise

2026 (10) TMI 1482

Extended limitation for interpretative CENVAT credit disputes fails, while normal-period credit requires proof of actual use.

Central Excise

2026 (10) TMI 1481

SVLDR Scheme benefit extends to separately penalised persons when the principal party receives corresponding relief.

Central Excise

2026 (10) TMI 1565

Legal-metrology declarations apply to packaged telecom devices supplied for subscriber use, despite retained ownership and prior-adjudication objections.

VAT / Sales Tax

2026 (10) TMI 1564

Original assessment limitation under substituted Section 42 did not govern completion periods outside fresh reassessments ordered on review.

VAT / Sales Tax

2026 (10) TMI 1474

First-point taxation keeps petroleum sales within the cess base despite exclusion from the ordinary multi-stage VAT regime.

VAT / Sales Tax

2026 (10) TMI 1473

Revenue-prejudice requirement limits revision of appellate remand orders; without a recorded adverse revenue impact, revision cannot stand.

VAT / Sales Tax

2026 (10) TMI 1386

Retrospective removal of the new-unit condition requires merits-based assessment of expanded industrial units' VAT reimbursement eligibility.

VAT / Sales Tax

2026 (10) TMI 1385

Constitutional invalidity of composition-scheme restriction permits affected VAT dealers to opt out after the provision is struck down.

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 955

Independent fiscal offences permit prosecution for delayed returns or knowingly false tax statements without prior assessment or quantified evasion.

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

2026 (10) TMI 1472

Severability of arbitral awards permits removal of unclaimed interest while preserving bonus and conditional GST reimbursement.

Indian Laws

2026 (10) TMI 1383

Plaint Amendment Limits: criminal compensation and criminal-litigation expenses cannot be introduced into a pending civil recovery suit.

Indian Laws

2026 (10) TMI 1382

Effective Representation in Conviction Appeals: Fair Hearing, Cross-Examination, and Proof of Debt Under Cheque Dishonour Law

Indian Laws

2026 (10) TMI 1304

Retrospective withdrawal of industrial tax incentives is impermissible without overriding public interest, while statutory deemed approvals remain effective.

Indian Laws

2026 (10) TMI 1303

Licensed surveyor assessments govern insurance loss claims unless insured parties provide cogent, reliable evidence of quantification errors.

Indian Laws

2026 (10) TMI 1302

Statutory cheque presumptions remain unrebutted where a lost-cheque defence lacks independent corroboration and the drawer admits signature.

Indian Laws





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