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Recent Case Laws

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2026 (10) TMI 1563

Electronic notice service through Common Portal raises limitation, deemed-service and revenue proof requirements for valid communication.

GST

2026 (10) TMI 1562

Extended GST limitation requires show-cause notices to disclose factual material supporting fraud, wilful misstatement, or suppression allegations.

GST

2026 (10) TMI 1561

Proper-officer assignment supports Joint Commissioner authority over high-value GST penalty proceedings despite an alleged jurisdictional defect.

GST

2026 (10) TMI 1560

Section 74 notices require factual grounds for wilful suppression; appealable GST orders ordinarily remain outside writ review.

GST

2026 (10) TMI 1559

Effective GST notice service requires alternative prescribed modes and a meaningful personal hearing before ex parte assessment.

GST

2026 (10) TMI 1558

Effective communication of GST orders governs limitation and preserves writ review where natural justice concerns are raised.

GST

2026 (10) TMI 1547

Tax subsidy treatment remained unexamined after insufficient cause barred the special leave petition on limitation.

Income Tax

2026 (10) TMI 1546

Personal Hearing in Faceless Assessment Invalidates Orders Passed Despite Technical Failure in Requested Video Conferencing

Income Tax

2026 (10) TMI 1545

Assessment of a dissolved company is void because reassessment jurisdiction cannot arise from notice to a non-existent entity.

Income Tax

2026 (10) TMI 1544

Retrospective reassessment provision and faceless allocation requirement face constitutional scrutiny amid a continuing stay on further reassessment proceedings

Income Tax

2026 (10) TMI 1543

Section 263 limitation runs from the original assessment for matters outside reassessment, barring delayed revision proceedings.

Income Tax

2026 (10) TMI 1542

Taxation of concessional-loan perquisites remains constitutionally valid under the statutory framework and prescribed valuation mechanism for employee benefits.

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 1507

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

Customs

2026 (10) TMI 1506

Prior notice before disposal of seized gold determines valuation at release, while confiscation appeals delay conditional payment.

Customs

2026 (10) TMI 1505

Territorial jurisdiction under Article 226 requires a local cause of action; Delhi links cannot validate proceedings arising in Dadri.

Customs

2026 (10) TMI 1504

Customs confiscation requires proven statutory breach; post-export foreign-exchange concerns alone cannot justify penalties for rice exports.

Customs

2026 (10) TMI 1503

Revised customs prosecution threshold applies to pending complaints, while retained withdrawal provisions permit judicial consideration of discontinuance.

Customs

2026 (10) TMI 1502

Customs valuation safeguards invalidate enhancement when transaction value is rejected without communicated reasonable doubt or corroborative evidence.

Customs

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 (10) TMI 1086

Share-purchase relief requires established oppression and mismanagement, statutory satisfaction, and a current scrutinised valuation before a buyout direction.

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 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 1309

Authorised representative duties require prior creditor instructions, complete consultation records, and proportionate disciplinary sanctions for compliance breaches.

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 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 1307

PMLA summons for suspected loan-proceeds layering remain effective despite pending predicate proceedings or proposed bank settlement.

Money Laundering

2026 (10) TMI 1255

Proceeds-of-crime nexus governs PMLA bail, while prolonged detention amid delayed trial may yield to conditional liberty.

Money Laundering

2026 (10) TMI 1254

Anticipatory bail in money-laundering investigations depends on statutory twin conditions, material involvement with proceeds of crime, and cooperation.

Money Laundering

2026 (10) TMI 1253

Redevelopment of an attached co-operative housing flat may proceed while preserving enforcement rights in replacement property and redevelopment benefits.

Money Laundering

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 1495

Freight rebate taxation: liaisoning receipts remain taxable, but cum-duty valuation and normal limitation restrict Service Tax exposure.

Service Tax

2026 (10) TMI 1494

Manufacturing job work: converting supplied plastic granules into PET containers falls outside service-tax liability under the negative-list regime.

Service Tax

2026 (10) TMI 1493

Subsequently accrued CENVAT credit can discharge earlier service-tax liabilities when its admissibility remains undisputed in law.

Service Tax

2026 (10) TMI 1492

Book-adjustment service-tax payments prevent repeat demands where government-account records establish valid payment for the relevant period.

Service Tax

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 1480

Corporate penalty limits prevent Rule 26(2) sanctions against private companies when alleged paper invoices lack reliable evidence.

Central Excise

2026 (10) TMI 1479

Deemed manufacture demand failed after retrospective crane reclassification lacked statutory basis, leaving the original tariff classification undisturbed.

Central Excise

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 (10) TMI 1384

Complete restitution after failed auctions requires refund of tax components and compensatory interest for wrongful retention of deposits.

VAT / Sales Tax

2026 (10) TMI 1242

Limited withdrawal liberty and enumerated revisional jurisdiction bar renewed appellate challenges and revisions against rectification orders.

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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