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Recent Case Laws

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2026 (11) TMI 297

Pre-trial bail granted where the applicant's disclosure statement is the only apparent implicating material, subject to conditions.

GST

2026 (11) TMI 296

Personal hearing in GST adjudication: proceedings are procedurally vitiated when notice lacks hearing details and no opportunity is afforded.

GST

2026 (11) TMI 295

Conditional bail in alleged GST offence proceedings carries surety, attendance and non-reoffending conditions for the accused.

GST

2026 (11) TMI 294

GST registration cancellation for non-deposit of input tax credit is unjustified when returns are regularly filed and recovery procedures apply.

GST

2026 (11) TMI 293

GST personal hearing rights do not automatically lapse when a taxpayer fails to reply to a show-cause notice.

GST

2026 (11) TMI 292

Input tax credit on imports cannot be denied solely for portal discrepancies caused by authority-controlled system integration failures.

GST

2026 (11) TMI 276

Transfer pricing of brand-building costs, potential disallowance without exempt income and seized material from other assessment years raise tax issues.

Income Tax

2026 (11) TMI 275

Lottery winnings from stock-in-trade are taxed as income from other sources at a special rate.

Income Tax

2026 (11) TMI 274

Penalty for inaccurate particulars on management service fees: appeal against the impugned judgment dismissed without grounds for interference.

Income Tax

2026 (11) TMI 273

Proportionate capital gains exemption requires correct tax computation for a recovery stay, without automatically taxing an excluded unit's cost.

Income Tax

2026 (11) TMI 272

Extended reassessment limitation requires the escaped-income threshold; approval also requires independent consideration of material and limitation.

Income Tax

2026 (11) TMI 271

Insolvency clean slate extinguishes omitted tax claims and bars reassessment used to investigate former management or third parties.

Income Tax

2026 (11) TMI 79

Benami law amendments apply retrospectively to confiscation machinery, while new offences and enhanced punishments apply only prospectively.

Benami Property

2026 (11) TMI 243

Review jurisdiction and delay condonation: whether court-granted liberty permits relief without considering the statutory bar on review.

Benami Property

2026 (11) TMI 242

Benami property attachment for earlier transactions was set aside alongside related Tribunal orders following an accepted prior decision.

Benami Property

2026 (11) TMI 241

Income-tax findings on genuine transactions do not by themselves prevent separate benami determinations under the overriding statutory regime.

Benami Property

2026 (10) TMI 2040

Benami property tests: corroborated ownership evidence supports attachment despite later retraction and unverified funding claims.

Benami Property

2026 (10) TMI 2039

Benami transaction proof requires a demonstrated funding nexus and beneficial interest; otherwise provisional attachment cannot be confirmed.

Benami Property

2026 (11) TMI 240

Interest on delayed customs duty refunds is payable to importers when the underlying refund is payable to them.

Customs

2026 (11) TMI 239

Natural justice in import valuation requires access to original records and cross-examination of material departmental witnesses before fresh adjudication.

Customs

2026 (11) TMI 165

Monetary limits on departmental appeals raise maintainability questions where no excess over the prescribed threshold is claimed.

Customs

2026 (11) TMI 164

Countervailing duty refunds depend on rebutting presumed pass-through using invoices, accounting records and a chartered accountant's certificate.

Customs

2026 (11) TMI 163

Customs pre-deposit refund interest cannot exceed the notified rate, preventing enhancement beyond the applicable statutory interest prescription.

Customs

2026 (11) TMI 162

Personal penalties for fraudulent exports require deliberate abetment by customs officers, not mere negligence or administrative oversight.

Customs

2026 (11) TMI 73

Dissolved companies cannot maintain declaratory and injunctive suits outside preserved statutory purposes unless their legal status is restored.

Companies Law

2026 (11) TMI 238

Corporate suit authorization and later board resolutions: production does not prejudge ratification, admissibility or the suit's maintainability.

Companies Law

2026 (11) TMI 237

Interim property restraints protect creditors where alleged corporate fraud raises potential personal liability despite no proven receipt of company assets.

Companies Law

2026 (11) TMI 155

Contempt appeals under the Contempt of Courts Act cannot challenge petition dismissal without punishment in company bank-account disputes.

Companies Law

2026 (10) TMI 2033

SFIO investigation orders survive FIR quashing when broader fraud allegations provide relevant grounds for Central Government review.

Companies Law

2026 (10) TMI 2032

Finalised valuation challenges remain barred by res judicata when prior objections were conclusively determined and implementation liberty is limited.

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

Suspected cross-segment price manipulation supports interim market restraints and joint and several impounding of gains pending investigation.

SEBI

2026 (11) TMI 236

Parent company liability for subsidiary operational debt does not follow automatically from corporate ownership, a unilateral letter or part-payment.

IBC

2026 (11) TMI 235

Ex parte recall delays require credible explanations and reasonable diligence, particularly in time-bound insolvency proceedings.

IBC

2026 (11) TMI 234

Complainant participation in insolvency disciplinary appeals is not mandatory, and later representative changes do not invalidate valid earlier acts.

IBC

2026 (11) TMI 233

Tax assessment during liquidation does not restart claim deadlines or excuse unexplained delay in filing with the liquidator.

IBC

2026 (11) TMI 232

Insolvency appeal deadlines run from pronouncement, while provident fund dues receive protection from the liquidation waterfall.

IBC

2026 (11) TMI 154

Creditor insolvency applications against personal guarantors: locus, maintainability and limitation objections are decided after the resolution professional's report.

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 2030

Saved FERA penal proceedings remain subject to criminal appellate jurisdiction despite FEMA's separate appellate framework.

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 (11) TMI 67

Proceeds of crime attachment continues where claimed income and property sale proceeds lack evidence and cash deposits remain unexplained.

Money Laundering

2026 (11) TMI 231

Direct appeals against provisional attachment orders are unavailable where money laundering law confines appellate jurisdiction to specified orders.

Money Laundering

2026 (11) TMI 150

Money-laundering proceedings based solely on a predicate criminal case cannot survive its quashing but may be revived.

Money Laundering

2026 (11) TMI 149

Prior hearing before criminal investigation is not ordinarily required when writ proceedings direct registration and investigation of a cognizable offence.

Money Laundering

2026 (11) TMI 10

Default bail remains unavailable after cognizance is set aside for lack of a hearing if the complaint was timely filed.

Money Laundering

2026 (10) TMI 2029

Women accused of money laundering may seek regular bail without statutory twin conditions when prolonged custody makes trial unlikely.

Money Laundering

2026 (11) TMI 230

Business auxiliary services: consideration, taxable value and conditions for invoking the extended period for service tax demands.

Service Tax

2026 (11) TMI 229

Opportunity to explain appeal delay safeguards natural justice when service tax appeals are filed within the condonable period.

Service Tax

2026 (11) TMI 228

Coal transportation with incidental loading remains outside cargo handling tax when transportation is the service's essential character.

Service Tax

2026 (11) TMI 227

Dealer sales incentives and reimbursements are not service-taxable without a separate service; extended limitation requires supporting evidence.

Service Tax

2026 (11) TMI 148

Residential construction tax distinguishes independently contracted houses from complexes and permits conditional abatement for flats with land interests.

Service Tax

2026 (11) TMI 147

Reverse charge on construction-related payments requires proof of taxable services, while exemptions and limitation restrict service tax liability.

Service Tax

2026 (11) TMI 226

CENVAT credit on imported inputs reduces excise assessable value, supporting refund of excess duty on railway machines.

Central Excise

2026 (11) TMI 140

CENVAT credit for supplies to SEZ developers extends to earlier supplies, with the related demand and penalties removed.

Central Excise

2026 (11) TMI 139

Cenvat credit on processed inputs remains available when suppliers manufacture distinct packaging materials from laminated sheets.

Central Excise

2026 (11) TMI 138

CENVAT credit for co-generation plant renovation remains available, while disclosed chimney works credit faces demand within the normal limitation period.

Central Excise

2026 (11) TMI 137

Corporate identity labels on non-commercial garment samples do not make them branded goods liable to excise duty.

Central Excise

2026 (11) TMI 136

Excise clearance clubbing requires evidence of a dummy unit; orders and payments for a separate firm are insufficient.

Central Excise

2026 (11) TMI 225

Silver-palladium alloy taxation follows silver bullion classification under the notification, rather than classification with inferior alloys.

VAT / Sales Tax

2026 (11) TMI 224

Revisional jurisdiction expires with statutory limitation and cannot be revived by audit objections or officer changes.

VAT / Sales Tax

2026 (11) TMI 223

VAT input tax credit set-off remains available despite excess transitional credit claims, which must be addressed under GST.

VAT / Sales Tax

2026 (11) TMI 134

Form C photocopies cannot support concessional central sales tax treatment without compliance with the prescribed duplicate declaration procedure.

VAT / Sales Tax

2026 (11) TMI 133

Input tax credit restrictions for inter-State sales turn on specified goods, while earlier rules depend on purchase tax liability.

VAT / Sales Tax

2026 (11) TMI 132

Excess transitional credit claims do not themselves create VAT liability, while wrongly availed credit remains subject to GST action.

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 (11) TMI 56

Anticipatory bail in commercial disputes protects against arrest while limiting tax reporting directions in the absence of compelling circumstances.

Indian Laws

2026 (11) TMI 222

Cheque dishonour liability requires an enforceable debt when cheques are issued against a subsequently set-aside tax assessment.

Indian Laws

2026 (11) TMI 221

Defence evidence in cheque dishonour proceedings may remain closed when proposed bank testimony cannot assist on material facts.

Indian Laws

2026 (11) TMI 220

Assigned assets and cheques acquired for consideration allow asset reconstruction companies to continue dishonour prosecutions as holders in due course.

Indian Laws

2026 (11) TMI 2

Unlicensed money lending can leave promissory-note loans unenforceable and affect cheque dishonour proceedings, depending on the statutory bar.

Indian Laws

2026 (11) TMI 1

Judicial review of audit misconduct findings does not permit evidence reassessment merely because another view is possible.

Indian Laws


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