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Recent Case Laws

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2026 (7) TMI 1668

Input tax credit reversal cannot rest solely on supplier cancellation without evaluating purchaser evidence and allowing further substantiation.

GST

2026 (7) TMI 1667

Pre-trial liberty in fraudulent input tax credit prosecutions supports conditional bail where investigation is complete and risks are absent.

GST

2026 (7) TMI 1666

Writ jurisdiction can protect GST merits adjudication where delayed filing arose from circumstances beyond the assessee's control.

GST

2026 (7) TMI 1665

Condonation of GST appeal delay restored statutory adjudication on merits through writ jurisdiction in the interests of justice.

GST

2026 (7) TMI 1664

Fair notice in GST registration cancellation requires portal communication plus an additional prescribed service mode and hearing safeguards.

GST

2026 (7) TMI 1663

Statutory appellate remedy and unexplained delay barred discretionary writ review of assessment orders under Article 226.

GST

2026 (7) TMI 1655

Reassessment notices to deceased taxpayers are jurisdictionally void and require timely initiation directly against legal representatives.

Income Tax

2026 (7) TMI 1654

Change of opinion bars reassessment after four years when original scrutiny examined fully disclosed interest and investment records.

Income Tax

2026 (7) TMI 1653

Monetary threshold exception for revision matters applies only when tax effect is unquantifiable or not involved.

Income Tax

2026 (7) TMI 1652

Full and true disclosure bars reassessment beyond four years where reopening merely reappraises previously scrutinised property-sale material.

Income Tax

2026 (7) TMI 1651

Vivad se Vishwas settlement finality bars remand-based appellate and consequential assessment proceedings after Form No. 4 issuance.

Income Tax

2026 (7) TMI 1650

Public-benefit charitable objects prevail over incidental member-related activities, supporting Section 12AB registration for the trust.

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 1629

Condonation of delay denied where no satisfactory explanation supported belated customs appeals, leaving them barred by limitation.

Customs

2026 (7) TMI 1628

Cost recovery charge waiver depends on verified trade-volume benchmark compliance, while liability continues for the admitted shortfall period.

Customs

2026 (7) TMI 1627

EPCG licence-condition breaches remain subject to customs investigation despite export obligation discharge where alleged misdeclaration concerns duty-exempt imports.

Customs

2026 (7) TMI 1626

Interest on refunded pre-deposits runs from the deposit date until realisation at the prescribed annual rate.

Customs

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 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 1625

Alternative remedies for broker-share disputes precluded writ jurisdiction where arbitration and exchange grievance mechanisms remained uninvoked.

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 1624

Necessary-party requirement: Chapter 11 Trustee removed where no substantive relief or cause of action was pleaded against her.

IBC

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 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 1623

Extended limitation requires proof of wilful suppression or evasion intent; third-party tax data alone cannot sustain service-tax demands.

Service Tax

2026 (7) TMI 1622

Extended service-tax limitation requires proof of deliberate tax evasion, not merely third-party data discrepancies or return non-filing.

Service Tax

2026 (7) TMI 1621

Toleration of contractual breach requires prior consideration-linked consent; public infrastructure services and road-work relief remained exempt.

Service Tax

2026 (7) TMI 1620

Penalty waiver under the Sabka Vishwas Scheme extends to co-noticees after the principal noticee settles the service-tax demand.

Service Tax

2026 (7) TMI 1619

Employer-employee exclusion protects meeting fees paid to whole-time directors from reverse-charge service tax liability.

Service Tax

2026 (7) TMI 1618

Water supply for thermal power operations is a sale of water, not taxable natural-resource rights assignment.

Service Tax

2026 (7) TMI 1616

Contractual default deposits remain liquidated damages, excluded from transaction value and incapable of supporting extended recovery or penalties.

Central Excise

2026 (7) TMI 1615

Finality of refund entitlement bars later recovery or rejection based on a renewed unjust enrichment objection.

Central Excise

2026 (7) TMI 1614

Surplus bagasse-based electricity sold externally does not trigger the Rule 6(3) CENVAT payment requirement.

Central Excise

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 1613

Recovery from pension benefits requires impleading affected officers and providing them a fair opportunity of hearing.

VAT / Sales Tax

2026 (7) TMI 1612

Entry tax reassessment must reflect actual invoice recoveries after arbitral awards affecting meter-tampering charges.

VAT / Sales Tax

2026 (7) TMI 1611

Final resolution of underlying VAT liability required quashing forgery proceedings against a similarly placed co-accused.

VAT / Sales Tax

2026 (7) TMI 1610

Statutory interest on tax refunds remains payable despite departmental revision withdrawal under the monetary-limit litigation policy.

VAT / Sales Tax

2026 (7) TMI 1609

Turnover enhancement requires cogent evidence of undisclosed transactions; non-production of books during survey alone is insufficient.

VAT / Sales Tax

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 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 1608

Inherent criminal jurisdiction remains limited where complaint material shows no prima facie offence and the dispute is civil.

Indian Laws

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


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