Natural Justice requirement: ex parte GST demand set aside for failure to serve show cause notice; fresh adjudication after hearing.

Availability of statutory appellate remedy bars writ jurisdiction where the appellate forum can review the adjudicatory record, so writ dismissed.

Exhaustion of Statutory Remedies: writ dismissed; pursue statutory appeal under Section 107 for disputed service and natural justice claims.

Restoration of GST registration: furnishing pending returns and full tax payment can lead the proper officer to drop cancellation proceedings.

Restoration of GST registration if pending returns and tax with interest and late fee are paid; officer drops cancellation.

Consolidation of assessment periods upheld; writ relief refused where statutory appeal remedy is available in tax proceedings.

Limitation on reassessment: procedural remand without a substantive finding does not extend reassessment limitation, so reassessment is time barred.

Irrevocability of Public Trusts - absence of an express clause does not bar 12AB registration; compelled form entry not false.

Condonation of delay: appeals restored for merits adjudication subject to a protective deposit condition to prevent prejudice to revenue.

Foreign Tax Credit should not be lost for brief Form 67 delay; grant credit after verification of supporting records.

Recorded Cash Sales supported by audited books and stock reconciliation negate treatment of deposits as unexplained income; addition deleted.

Stamp duty valuation as on agreement date governs full value of consideration; registered transfer date governs section 54 investment period.

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

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

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

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

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

Benami property jurisdiction: IBC tribunals lack power to challenge Benami Act attachment; such assets fall outside the liquidation estate.

Condonation of delay granted and certified copy exemption allowed, but review petitions found not to disclose grounds and dismissed.

Admissibility of investigative statements determines evidentiary use; failure of required procedural safeguards invalidates valuation reassessment and penalties.

Invalid Pre Shipment Inspection Certificates do not justify confiscation or penalties absent prohibited import or active abetment.

Limitation period bars show cause notices issued after statutory time; delayed demand proceedings are time barred and dropped.

Reasoned Adjudication: Customs penalties require evidence and consideration of defence; unsupported penalties are invalidated and consequential relief may follow.

Possession of notified goods shifts evidential burden to possessor; unrebutted recovery and assay upheld confiscation and penalty.

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

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

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

Interim preservation of property: status quo to be maintained and no new third party interests until the Company Petition is decided.

Reduction of Share Capital affirmed; court upheld tribunal findings rejecting procedural bias and perverse valuation.

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

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

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

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

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

Prima facie regulatory breach upheld; interim security reduced and asset restraint with disclosure ordered pending final adjudication.

Doctrine of merger and trustee-like powers in SEBI-appointed Special Committee; order treated as open-ended, appeals dismissed

IBC moratorium exclusion where purchaser rights crystallised before moratorium allows completion of enforcement and possession.

Infructuous appeals where liquidation closed after sale as going concern; appeals dismissed for lack of practical efficacy.

Priority of insolvency costs prevents reallocation of distributed funds to excluded provident fund claims where the liquidation estate is exhausted.

Unregistered agreements for sale do not create transferable title; such assets remain in the bankruptcy estate for trustee administration and auction.

Forensic audit reports cannot alone establish director liability; corroborative evidence or criminal investigation is required.

Creditor consent to extension permits conditional revival of resolution plan; failure to comply revives liquidation and forfeiture.

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

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

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

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

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

Reasoned finding requirement for penalties in foreign exchange enforcement: absence of evidence-linked findings overturns penalty.

Prima Facie Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

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

Coal handling charges at port found imposed through mandatory coordination fees; impugned order set aside and remitted.

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

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

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

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

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

Provisional Attachment upheld where unregistered transfers, large refunds and undisclosed fund sources suggested layering of proceeds of crime.

Proceeds of Crime treatment upheld: provisional attachment sustained under PMLA where transactions and documentation failed to rebut criminal linkage.

Proceeds of Crime linked to diverted investor funds - attachment upheld and valuation aligned with fair market value definition.

Provisional Attachment under PMLA: equivalent property can be attached where proceeds are untraceable, subject to recorded reason to believe.

Input service classification of recovery and repossession services: qualifies for Cenvat credit when directly used in providing lending services.

Reimbursed Expenses excluded from Taxable Value; valuation rule deemed inapplicable to genuine CHA reimbursements, favouring the assessee.

Export of Service: on-site employee secondment qualifies as export where recipient is abroad and benefit accrues outside India.

Renting of Immovable Property Service: cenvat credit admissible where rent collection and invoice show continued output service despite ownership transfer.

Taxability of construction services before July 2010: administrative clarification removes service tax liability for pre-change construction activity.

Refund entitlement for exported services upheld despite minor documentary defects; substantive receipt and utilisation governs refund eligibility.

Export entitlement to duty exemption contingent on proven export; denial follows where export is unproven.

CENVAT credit reversal treated as non availment, preserving entitlement under the exemption notification and restoring the appeal order.

Transitional Refunds under GST override excise limitation; refund permitted where credit unavailable and procedural performance was impossible.

Exemption for captively consumed inputs available where Rule 6 compliance prevents fixed-percentage reversal under Cenvat rules.

Cenvat credit for agency commission where services include sales promotion and marketing, resulting in credit allowance and relief.

Franchise Service not attracted where contracts and invoices show manufacture-for-sale, not representational franchise; finding upheld.

Condonation of delay granted; petition dismissed after reliance on an identical prior order and settled settlement computation.

Monetary thresholds for tax appeals: a CBIC circular bars continuation of pending appeals where tax in dispute falls below the limit.

Interest on tax refunds accrues from refund application date where Rule 42 approval delays payment, producing entitlement.

Year-wise settlement scheme prevents cross-year refund adjustments; refund restored and subsequent year settlement must proceed without adjustment.

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

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

Scheme of demerger asset vesting prevents attachment for demerged company's tax; attachment allowed only for resulting company's own liability

Appeals dismissed as not pressed; properties treated as commercial establishments excluded from "assets" under Section 2(ea) Wealth Tax Act

Land loses wealth tax exemption during construction period under Section 2(ea) - exemption only applies after completion

Rental income from land plots cannot be denied based on later verification findings from different assessment year

ITAT recalls ex parte wealth tax orders after representative's death created compelling circumstances under Rule 24

Section 16(1) intimations under Wealth Tax Act constitute orders subject to revision under Section 25

Natural justice breach: removal order invalidated for introducing fresh charges without notice; matter remitted for fresh hearing.

Arbitrator appointment under a special statute excludes general appointment powers, so the specified central appointing scheme prevails.

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

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

Interim Relief: High Courts cannot grant standalone stays or status quo when an efficacious alternative remedy is available.

Presumption of signature and consideration upheld, failure to rebut statutory presumptions led to conviction being restored.