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Recent Case Laws

View All
2026 (4) TMI 1578

Writ jurisdiction and alternate remedy under GST: factual disputes on fraud and no patent natural justice breach kept the appeal route open.

GST

2026 (4) TMI 1577

Parallel CGST proceedings are barred only for the same liability, facts, contravention, and assessment period.

GST

2026 (4) TMI 1576

Mandatory hearing under GST law requires prior intimation; same-day oral hearing without notice is not meaningful.

GST

2026 (4) TMI 1575

Alternative statutory remedy prevails where delay bars writ review, with liberty to seek appeal and condonation before the appellate authority.

GST

2026 (4) TMI 1574

Transportation by road and extended limitation under service tax law require clear statutory conditions before demand can survive.

GST

2026 (4) TMI 1573

GST reimbursement claims require supporting proof, with authorities directed to reconsider the claim within a fixed time.

GST

2026 (4) TMI 1564

Section 263 revisited: independent satisfaction, stamp valuation limits, and Section 56(2)(x) with Section 43B remain open

Income Tax

2026 (4) TMI 1563

Reassessment notice limitation turns on timely issuance, while service is required only before reassessment is completed.

Income Tax

2026 (4) TMI 1562

Amalgamation and assessment jurisdiction: orders on non-existing companies were treated as void, with fresh proceedings left open.

Income Tax

2026 (4) TMI 1561

Reassessment on changed reasons fails when the final order departs from the original basis for reopening.

Income Tax

2026 (4) TMI 1560

Reassessment notice limitation under the new regime fails where the old six-year period had already expired.

Income Tax

2026 (4) TMI 1559

Delay in Special Leave Petition and royalty taxability of interconnect charges led the SC to decline interference with the High Court order.

Income Tax

2026 (4) TMI 807

Benami attachment and traced proceeds: wrong property description was curable, while bogus share premium remained attachable as property.

Benami Property

2026 (4) TMI 806

Benami proceedings survive criminal acquittal where fund flow and layering evidence support reasons to believe and provisional attachment.

Benami Property

2026 (4) TMI 805

Benami evidence can rely on income-tax search material when corroborated by documents, electronics, and supporting statements.

Benami Property

2026 (4) TMI 765

Benami attachment upheld on cumulative evidence, corroborated tax-search statements and no automatic right to cross-examination.

Benami Property

2026 (4) TMI 715

Sufficient cause for recall of ex parte orders rejected where repeated non-appearance was unexplained and additional documents could not be admitted.

Benami Property

2026 (4) TMI 386

Benami cash routed through controlled entities may remain attachable even after conversion into business assets and tax payment.

Benami Property

2026 (4) TMI 1523

Statutory appeal bars writ jurisdiction where customs remedies are available and no exceptional circumstances exist.

Customs

2026 (4) TMI 1522

Customs valuation and extended limitation: no wilful suppression found, so penalties and extended demand failed.

Customs

2026 (4) TMI 1521

Customs valuation and extended limitation fail where electronic extracts are unreliable and comparable imports are materially dissimilar.

Customs

2026 (4) TMI 1520

Statutory limitation bars customs appeals filed beyond the condonable period; general limitation law cannot extend the fixed outer limit.

Customs

2026 (4) TMI 1519

Plastic wall panels and sheets classified as heading 3921, not builders' ware, under Chapter 39.

Customs

2026 (4) TMI 1456

Review jurisdiction requires an apparent error on the record; defective petitions filed after unexplained delay fail the threshold.

Customs

2026 (4) TMI 953

Delay in refiling company appeal not condoned where medical explanation was unsubstantiated and multiple appellants could have supported it.

Companies Law

2026 (4) TMI 1445

Continuing possession by a Liquidator upheld where premises remained relevant to an unfinished liquidation and prior identical relief failed.

Companies Law

2026 (4) TMI 1094

Oppression and mismanagement relief is barred by acquiescence, while Section 77 claims require strict proof of financial assistance.

Companies Law

2026 (4) TMI 1093

Execution through statutory mechanism, not fresh petition, bars re-litigation of closed company-law issues.

Companies Law

2026 (4) TMI 1009

Continuing oppression and mismanagement can defeat delay objections where documentary records support exclusion and shareholding changes.

Companies Law

2026 (4) TMI 1008

Interim status quo orders in company disputes will stand absent clear error or prejudice to the parties.

Companies Law

2026 (4) TMI 878

Procedural objection raised too late, with no shown prejudice, led the Supreme Court to decline interference under Article 136.

SEBI

2026 (3) TMI 1648

Fraudulent trading and minimum public shareholding breaches upheld; debarment reduced on proportionality, and appeals dismissed.

SEBI

2026 (3) TMI 1596

No ground to interfere with the tribunal order; the civil appeals were dismissed after delay was condoned.

SEBI

2026 (3) TMI 1380

Show-cause notice response time granted as Supreme Court dismisses appeal and leaves remaining merits open.

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 (4) TMI 1579

Conflict disclosure and professional disability bar continued representation by liquidator's counsel after conviction and licence suspension.

IBC

2026 (4) TMI 1518

IBC cannot serve as a decree-execution tool where debt quantum is disputed and the debtor remains solvent.

IBC

2026 (4) TMI 1517

Interim moratorium under insolvency law begins on registration of a Section 95 petition, not mere filing.

IBC

2026 (4) TMI 1444

Committee of Creditors' choice of resolution professional prevails absent bias, misconduct, or statutory disqualification under insolvency law.

IBC

2026 (4) TMI 1443

Claim verification in insolvency cannot be reopened indefinitely where homebuyers' records were already admitted and supported by documents.

IBC

2026 (4) TMI 1442

Contractual lease-rental allocation upheld where payment records showed the other lessor's share was included and payable.

IBC

2026 (4) TMI 871

FEMA liability and discretionary penalty reduction: managing director remained liable, sleeping directors were exonerated, and penalty was scaled back.

FEMA

2026 (4) TMI 699

NRNR account contravention: prior violations remain punishable after omission, but confiscation needs recorded reasons.

FEMA

2026 (4) TMI 531

Direct buyer-paid export commission need not form repatriable proceeds, and penalty fails without personal knowledge evidence.

FEMA

2026 (4) TMI 530

Retracted statements can support FEMA contravention when corroborated, while penalties may be reduced on equitable grounds.

FEMA

2026 (4) TMI 436

Export realisation and director liability under FEMA upheld where exporters failed to prove recovery steps or absence of knowledge.

FEMA

2026 (4) TMI 1362

Foreign summary judgment and enforcement limits under Indian law when real adjudication and regulatory permission are absent

FEMA

2026 (4) TMI 801

Cartel evidence through emails upheld, with partner liability and penalty principles sustained under competition law.

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 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

2026 (4) TMI 1516

Provisional attachment under PMLA upheld as equivalent-value assets and prima facie laundering nexus were established.

Money Laundering

2026 (4) TMI 1439

Money-laundering proceedings may survive later inclusion of scheduled offences, and attachment stands without proof of lawful source of funds.

Money Laundering

2026 (4) TMI 1361

Provisional attachment of bank accounts may be relaxed against an equivalent fixed deposit, with automatic revival on default.

Money Laundering

2026 (4) TMI 1278

Territorial jurisdiction in writ petitions requires a real causal nexus; incidental presence of the authority in Delhi was insufficient.

Money Laundering

2026 (4) TMI 1159

Equivalent-value attachment under SAFEMA upheld where tainted property was unavailable and nexus evidence satisfied statutory belief requirements.

Money Laundering

2026 (4) TMI 1088

Special leave petition disposed without merits, with liberty to raise all points before the High Court.

Money Laundering

2026 (4) TMI 1515

Mandatory pre-deposit requirement upheld; SC declined interference but granted time to make the statutory deposit.

Service Tax

2026 (4) TMI 1514

Ex parte service tax adjudication set aside and remitted where chargeability, exemption and limitation objections remained undecided.

Service Tax

2026 (4) TMI 1513

Transfer of right to use goods governs equipment hiring, excluding service tax where possession and control pass to the customer.

Service Tax

2026 (4) TMI 1512

Service tax on travel and support receipts: mixed taxability, limited limitation periods, and relief on CENVAT credit and penalties.

Service Tax

2026 (4) TMI 1511

Negative list and exemption relief barred service tax demand, while absence of suppression defeated extended limitation.

Service Tax

2026 (4) TMI 1510

Contractual penalties are not taxable consideration for tolerating breach absent an independent agreement, so the demand failed.

Service Tax

2026 (4) TMI 1508

CAS-4 valuation of captive goods and extended limitation require clear factual basis before demand can be enlarged.

Central Excise

2026 (4) TMI 1429

Final fact-finding orders must address all material contentions, or they may be set aside and remitted for reconsideration.

Central Excise

2026 (4) TMI 1428

Natural justice and relied-upon documents: non-supply of defence material justified remand for fresh adjudication.

Central Excise

2026 (4) TMI 1427

Cenvat credit utilisation for NCCD held permissible where no specific restriction existed under the rules for the relevant period.

Central Excise

2026 (4) TMI 1426

Refund of duty paid in error on unrealised exports treated as timely, with limitation under Central Excise law held inapplicable.

Central Excise

2026 (4) TMI 1425

Free warranty replacements and debit-note repair recoveries did not justify excise duty demand on the facts stated.

Central Excise

2026 (4) TMI 1507

Tax recovery cannot proceed before service of demand orders; appeal time starts only after valid service.

VAT / Sales Tax

2026 (4) TMI 1502

Delayed VAT refund must carry statutory interest where excess tax is due and administrative excuses do not justify non-payment.

VAT / Sales Tax

2026 (4) TMI 1353

Entry tax on H.R. sheets and penalty issues remained undisturbed as delay was condoned and special leave dismissed.

VAT / Sales Tax

2026 (4) TMI 1352

Defective show cause notice defeats input tax credit reversal and penalty where the core factual basis was never addressed.

VAT / Sales Tax

2026 (4) TMI 1351

Hire-purchase and import sale claims failed where documents showed controlled delivery and no valid transit or high sea sale exemption.

VAT / Sales Tax

2026 (4) TMI 1350

Functional integrality of machine components defeated entry tax on Ball Mill parts and the related penalty.

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 (4) TMI 1506

Arbitral award challenge by legal representatives must be filed under Section 34; supervisory and revisional routes are barred.

Indian Laws

2026 (4) TMI 1424

Statutory presumption under cheque law stood unrebutted where the security-cheque defence was not proved.

Indian Laws

2026 (4) TMI 1423

Strict compliance under cheque dishonour notice rules: demand must match the cheque amount or prosecution fails.

Indian Laws

2026 (4) TMI 1069

Permissive arbitration clause held non-binding where it showed only a future possibility, not a present obligation to arbitrate.

Indian Laws

2026 (4) TMI 1068

Quantum meruit claim survives where no proved contract exists and Section 69(2) does not bar compensation.

Indian Laws

2026 (4) TMI 1067

Expired lease and rent default justified vacant possession, arrears, and damages for unlawful occupation, with future mesne profits refused.

Indian Laws





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