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Recent Case Laws

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2026 (7) TMI 1602

GST portal-only notice service is invalid unless statutorily notified, preserving responses and appellate remedies for affected assessees.

GST

2026 (7) TMI 1601

Personal hearing and valid notice requirements protect GST registration, preventing retrospective cure of defective cancellation and revocation actions.

GST

2026 (7) TMI 1600

Personal hearing compliance is satisfied by final submissions; a later determination order does not require another hearing.

GST

2026 (7) TMI 1599

Tax-period-wise adjudication requires separate proceedings, effective cross-examination of relied-upon witnesses, and proof of corroborative documentary evidence.

GST

2026 (7) TMI 1525

GST registration restoration may follow return filing and full payment of tax, interest and late fees under statutory procedure.

GST

2026 (7) TMI 1524

Jurisdictional notice to legal representatives is mandatory before determining GST liability after a sole proprietor's death.

GST

2026 (7) TMI 1598

Faceless assessment safeguards require notice-based additions and effective virtual hearing; apparent procedural non-compliance required further consideration.

Income Tax

2026 (7) TMI 1597

Condonation of delayed Form 10B filing may follow where sufficient cause and genuine hardship are demonstrated.

Income Tax

2026 (7) TMI 1596

Reassessment for undisclosed property funding remains valid despite wealth-tax disclosure when income-tax records do not reveal the source.

Income Tax

2026 (7) TMI 1595

Co-operative credit facility deductions protect member-based interest income, while provisions and deposit evidence require verification before tax treatment.

Income Tax

2026 (7) TMI 1594

Fair hearing in registration proceedings requires notice and opportunity before rejection; application restored for fresh adjudication.

Income Tax

2026 (7) TMI 1593

Consistency in tax treatment preserves depreciation, deferred subscription revenue recognition, and interest deductions absent material factual or legal change.

Income Tax

2026 (7) TMI 860

Fictitious-name benami transactions permit attachment of routed funds when cumulative evidence remains unrebutted by the benefiting participant.

Benami Property

2026 (7) TMI 736

Benami money trail and prejudice test shape why attachment survived and the cross-examination challenge did not succeed.

Benami Property

2026 (7) TMI 672

Benami cash routing and no proven prejudice from denied cross-examination led to upheld attachment.

Benami Property

2026 (7) TMI 671

Benami finding set aside for incomplete appreciation of evidence; matter remanded for fresh consideration of ownership and attachment.

Benami Property

2026 (7) TMI 539

Benami transaction analysis rejects sham gold sale used to convert demonetised cash into banking credits

Benami Property

2026 (7) TMI 1211

Doctrine of election prevents a will beneficiary from asserting inconsistent ownership, while permissive office occupation creates no life interest.

Benami Property

2026 (7) TMI 1565

Interest on delayed investigation-deposit refunds is payable at 12% where no governing statutory rate applies.

Customs

2026 (7) TMI 1564

Preferential tariff benefits require transaction-specific origin verification, preventing denial based solely on supplier non-cooperation and barring extended recovery.

Customs

2026 (7) TMI 1563

Confiscation evidence standards require proof of smuggling, nexus and culpability; foreign markings or suspicion alone do not justify absolute confiscation.

Customs

2026 (7) TMI 1562

Automatic data processing capability supports classification of interactive display assemblies as ADP machines rather than monitors for customs purposes.

Customs

2026 (7) TMI 1561

Deliberate import undervaluation supports confiscation consequences and separate penalties where a managing partner directly participates in misdeclaration.

Customs

2026 (7) TMI 1560

Investigation deposits recorded by customs remain refundable when unappropriated and the related duty demand is set aside on appeal.

Customs

2026 (7) TMI 1551

Mandatory transfer formalities invalidate alleged share and immovable property transfers based solely on unilateral records and accounting entries.

Companies Law

2026 (7) TMI 1461

Tender eligibility may assess promoter-director creditworthiness, with de facto corporate control prevailing over formal director reclassification.

Companies Law

2026 (7) TMI 1460

Civil jurisdiction over guarantees, mortgages and pledges survives despite NCLT debenture redemption remedies; secured assets receive limited interim protection.

Companies Law

2026 (7) TMI 1373

Amendment of company petitions can cover consequential rectification and subsequent resolutions while limitation objections remain for final determination.

Companies Law

2026 (7) TMI 1341

Director liability for unrecovered GST dues extends to connected entities where corporate structures may shield tax recovery.

Companies Law

2026 (7) TMI 1010

Production of company records cannot serve as evidence-gathering for unsubstantiated oppression and mismanagement claims by majority shareholders.

Companies Law

2026 (7) TMI 846

Public duty in stock exchange governance may bring senior officers within anti-corruption law, subject to factual determination.

SEBI

2026 (7) TMI 769

Mandatory mutual-fund compliance requires maturity redemption, proper rollover consent, disclosure, and due diligence despite investor gains or no loss

SEBI

2026 (7) TMI 1607

Suspension of securities-law sentences continues pending appeal, with deposit deadline extended and surrender deferred for one month.

SEBI

2026 (7) TMI 1606

Suspension of securities-law sentences granted pending appeals where statutory penalties, repeat prosecution, fines, and directorship remained arguable.

SEBI

2026 (7) TMI 1372

Subsidiary status requires statutory shareholding or board-control conditions; financial support and business arrangements alone cannot establish the relationship.

SEBI

2026 (7) TMI 1135

Pre-cognizance hearing rights apply before SEBI Special Courts take cognizance of complaints under the procedural framework.

SEBI

2026 (7) TMI 1371

Supervisory jurisdiction cannot replace IBC appellate remedies for NCLT ex parte orders absent jurisdictional error or grave injustice.

IBC

2026 (7) TMI 1284

Alternative statutory remedies limit writ relief, while interim asset orders affecting unheard third parties cannot survive.

IBC

2026 (7) TMI 1283

Pre-existing dispute must be bona fide; admitted running-account liability supports admission of an operational creditor's insolvency application.

IBC

2026 (7) TMI 1201

Commercial wisdom in resolution-plan approval prevailed as challenges alleging CIRP irregularities and statutory non-compliance were dismissed by the Supreme Court.

IBC

2026 (7) TMI 1200

Part-performance protection may fail where an unregistered transfer MoU cannot satisfy compulsory registration requirements.

IBC

2026 (7) TMI 1199

Financial debt and default established: pending settlements, counterclaims and viability assertions do not defer insolvency admission.

IBC

2026 (7) TMI 726

Director liability under FEMA requires proof of control or culpable involvement; mere designation alone does not justify penalty.

FEMA

2026 (7) TMI 660

Pre-deposit non-compliance under FEMA did not bar restoration where readiness to pay and medical hardship were shown.

FEMA

2026 (7) TMI 659

Sub judice protection under FEMA barred fresh notice and complaint based on the same cause of action, leading to quashing.

FEMA

2026 (7) TMI 658

Delayed import payments as trade credit under FEMA, with RBI permission unable to cure the contravention and directors held liable.

FEMA

2026 (7) TMI 1550

Mandatory opportunity notice and speedy trial protections can invalidate delayed foreign-exchange prosecutions despite available criminal revision.

FEMA

2026 (7) TMI 1370

Discretionary confiscation under FEMA permits penalties without forfeiting securities where adjudicatory discretion is properly exercised.

FEMA

2026 (7) TMI 1459

Exclusive supply and customer incentive arrangements require proof of actual foreclosure or denied market access to breach 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 Assessment: Regulatory and expert reports can inform but absence of AAEC bars a DG inquiry.

Law of Competition

2026 (7) TMI 1549

Anticipatory bail under money-laundering law remains available where overseas service defects undermine allegations of deliberate evasion.

Money Laundering

2026 (7) TMI 1548

Proceeds of crime require a proven link to a completed scheduled offence before money-laundering bail restrictions apply.

Money Laundering

2026 (7) TMI 1547

Money-laundering discharge requires prima facie links to predicate-offence proceeds, while factual defences and valuation objections await trial.

Money Laundering

2026 (7) TMI 1546

Equivalent-value attachment can extend to pre-existing assets where alleged proceeds are untraceable and cash deposits remain unexplained.

Money Laundering

2026 (7) TMI 1545

Equivalent-value property attachment extends to pre-crime and ancestral assets when actual criminal proceeds remain unavailable or untraceable.

Money Laundering

2026 (7) TMI 1458

Provisional attachment challenges must use statutory adjudication, with all grounds considered through a reasoned final order.

Money Laundering

2026 (7) TMI 1544

SEZ service-tax exemption covers authorised operational services received outside the zone, while absent suppression defeats extended limitation.

Service Tax

2026 (7) TMI 1543

Director remuneration under a genuine contract of service remains salary, excluding it from reverse-charge Service Tax.

Service Tax

2026 (7) TMI 1542

Transfer of the right to use tinting machines creates a deemed sale, excluding lease rentals from service tax.

Service Tax

2026 (7) TMI 1541

Despatch money under reciprocal laytime terms is not taxable service consideration without an independent service and direct payment nexus.

Service Tax

2026 (7) TMI 1540

Business Auxiliary Service classification requires a specific statutory limb and evidence of the alleged taxable activity.

Service Tax

2026 (7) TMI 1539

Evidence of actual non-monetary consideration is essential before service-tax demands can be sustained on notional valuation.

Service Tax

2026 (7) TMI 1605

Settlement under the legacy dispute scheme waives Rule 26 penalties for co-noticees despite no separate declarations.

Central Excise

2026 (7) TMI 1537

Revenue neutrality requires proof of admissible credit sufficient to offset excise duty; unsupported claims cannot defeat the demand.

Central Excise

2026 (7) TMI 1536

Pre-notice tax payment bars corresponding penalties, while revenue neutrality may defeat evasion-based penalties but not timely tax demands.

Central Excise

2026 (7) TMI 1535

Trading as exempted service requires proportionate reversal of common input credit using prescribed exempted-turnover valuation rules.

Central Excise

2026 (7) TMI 1534

FOR destination contracts require inclusion of delivery-related costs in assessable value when title and transit risk remain with the supplier.

Central Excise

2026 (7) TMI 1533

CENVAT credit on employee-related business services remains available where services support manufacturing and lack evidence of personal consumption.

Central Excise

2026 (7) TMI 1604

Turnover enhancement requires supporting material; rejected books alone cannot justify increasing disclosed turnover after a clean survey.

VAT / Sales Tax

2026 (7) TMI 1603

Best judgment assessment requires cogent evidence; unexplained book non-production alone cannot justify taxable turnover enhancement.

VAT / Sales Tax

2026 (7) TMI 1530

Effective communication of revision proceedings required a merits hearing after delayed notice and disputed notification applicability.

VAT / Sales Tax

2026 (7) TMI 1440

Trading account stock verification supports additions and penalty where deficient records and unexplained discrepancies establish wilful turnover suppression.

VAT / Sales Tax

2026 (7) TMI 1439

Reasonable time limits for penalty proceedings apply where no express limitation period is prescribed, barring delayed notices.

VAT / Sales Tax

2026 (7) TMI 1438

Input tax credit survives post-invoice discounts when credit notes preserve original invoice tax components, requiring reassessment of credit denial.

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 (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

2026 (7) TMI 1529

Anticipated royalty governs stamp-duty valuation of indeterminate Government mining leases, while dead rent remains only a minimum payment.

Indian Laws

2026 (7) TMI 1528

Contractual GST computation remains arbitrable, but awards cannot apply unincorporated EPC tax guidelines to item-rate contracts.

Indian Laws

2026 (7) TMI 1527

Cheque dishonour liability of responsible individuals continues despite insolvency moratorium, liquidation, and suspension of the company board.

Indian Laws

2026 (7) TMI 1526

Handwriting comparison of cheque entries remains available when authorship is specifically alleged and directly affects execution credibility.

Indian Laws

2026 (7) TMI 1437

Vicarious liability for cheque dishonour requires specific allegations of responsibility; directorship and general management assertions are insufficient for prosecution.

Indian Laws

2026 (7) TMI 1436

Defective Section 251 accusations can vitiate cheque dishonour trials where they misidentify the instrument and underlying liability.

Indian Laws


Highlights
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