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Recent Case Laws

View All
2026 (6) TMI 1059

Remand compliance in tax adjudication bars a fresh show cause notice and requires decision on the original notice.

GST

2026 (6) TMI 1058

GST statutory enforcement prevails over contractual arrangements; directions to permit revised returns and waive statutory consequences were set aside.

GST

2026 (6) TMI 1057

Tax recovery before appeal period ended led to liberty to seek refund and fresh decision on the re-credited amount.

GST

2026 (6) TMI 1056

Input Tax Credit claims require reconsideration where returns were filed before the statutory cut-off date.

GST

2026 (6) TMI 1055

Supply of relied-upon documents is essential before GST demand confirmation, with remand and fresh hearing required if omitted.

GST

2026 (6) TMI 1054

IGST refund on export claims through foreign post offices remained unresolved due to missing processing mechanism.

GST

2026 (6) TMI 1051

Secondment payments and treaty relief turn on the make available test and the true nature of professional service receipts.

Income Tax

2026 (6) TMI 1050

Limitation on reassessment reopening failed where alleged escaped income fell below the statutory threshold for the longer period.

Income Tax

2026 (6) TMI 1049

Reassessment beyond four years fails without full disclosure failure or new tangible material; mere change of opinion is impermissible.

Income Tax

2026 (6) TMI 1048

Reassessment based on bank transactions failed where books, audit records and supporting material did not show escapement of income.

Income Tax

2026 (6) TMI 1047

Strict reading of tax settlement exclusions: search-based bar could not be extended to survey-based reassessment.

Income Tax

2026 (6) TMI 1046

Promissory note presumption and loan enforceability remain intact absent rebuttal evidence or specific denial.

Income Tax

2026 (6) TMI 594

Alternate remedy in benami proceedings: writ challenges to notices and provisional attachment were withdrawn with liberty to approach the adjudicating authority.

Benami Property

2026 (6) TMI 197

Review order under benami law not separately appealable; Tribunal's restoration of appeals upheld as barred by civil procedure rules.

Benami Property

2026 (6) TMI 196

Benami transaction proved by unexplained funds and admitted use of another's name; provisional attachment upheld.

Benami Property

2026 (5) TMI 936

Unexplained cash and benami property rules: tribunal holds income-tax filing readiness does not bar PBPT Act proceedings.

Benami Property

2026 (5) TMI 711

Benami transaction law applies to continued holding of property after amendment; provisional attachment upheld.

Benami Property

2026 (5) TMI 660

Benami property inference sustained where unexplained cash routing and insufficient income failed to rebut the source of consideration

Benami Property

2026 (6) TMI 961

Retrospective application of interim stay rejected for pre-existing consignments, and customs clearance could not be withheld without BIS certification.

Customs

2026 (6) TMI 1022

Natural justice governs auction of confiscated gold; restitution follows market value when redemption is later restored.

Customs

2026 (6) TMI 1021

Customs penalty unsustainable where importer disclosed all material documents and acted on bona fide belief at clearance.

Customs

2026 (6) TMI 1020

DFIA exemption and actual user condition: Public Notice-based restriction was unenforceable, with revalidation relief also directed.

Customs

2026 (6) TMI 1019

Late fee waiver for supplementary Bill of Entry turns on bona fide delay and judicious officer discretion.

Customs

2026 (6) TMI 1018

Strict construction of surcharge exemption denied camera module relief where imported parts did not meet camera specifications.

Customs

2026 (6) TMI 902

Share-transfer dispute, remand of partnership reliefs, and extension of receivership over estate assets.

Companies Law

2026 (6) TMI 649

Consent referral to arbitration in a company dispute led to setting aside the tribunal orders and appointing a sole arbitrator.

Companies Law

2026 (6) TMI 648

Winding up transfer to NCLT can be ordered without a party application unless the case has reached an irreversible stage.

Companies Law

2026 (6) TMI 400

Coal beneficiation and cost audit compliance: court refused threshold quashing of complaint over alleged non-maintenance of cost records.

Companies Law

2026 (5) TMI 1746

Voting authority dispute kept open as NCLAT allows the meeting but pauses implementation of any resolution.

Companies Law

2026 (5) TMI 1447

Transposition after withdrawal is impermissible; review cannot reopen settled issues or create a fresh right to contest.

Companies Law

2026 (6) TMI 717

Statutory appeal bars writ challenge to SEBI IPO approval; petitioner must use the appellate remedy instead.

SEBI

2026 (6) TMI 457

Insider trading and delayed disclosure under the PIT Regulations: SAT relief on trading findings, with penalty sustained for late reporting.

SEBI

2026 (6) TMI 14

PFUTP fraud and hedging principles: excess derivative positions were not manipulative, but disclosure breach remained

SEBI

2026 (5) TMI 772

Condonation of delay in a first appeal granted where sufficient cause existed and the appellant was restored to appellate hearing on merits.

SEBI

2026 (5) TMI 1383

Impleadment of minority shareholders upheld where the writ outcome directly affected their independent interest.

SEBI

2026 (5) TMI 1036

Maintainability of SCORES-based relief claims: monetary compensation beyond tribunal jurisdiction, with other remedies left open.

SEBI

2026 (6) TMI 806

Section 32A and MPID attachment law limit post-resolution recovery action against corporate debtor property and require final vesting order.

IBC

2026 (6) TMI 805

Interlocutory reconsideration of resolution professional approval does not warrant appellate interference where rights remain undecided.

IBC

2026 (6) TMI 804

Natural justice in bankruptcy proceedings requires a real chance to file objections before an order is made.

IBC

2026 (6) TMI 803

Section 95 insolvency filings: procedural particulars under the Code did not defeat admission where debt was already disclosed and acknowledged.

IBC

2026 (6) TMI 771

Additional objections and documents may be accepted with leave when needed for fair adjudication and no prejudice is shown.

IBC

2026 (6) TMI 1017

Writ maintainability fails after withdrawal without liberty and filing before the wrong forum

IBC

2026 (6) TMI 802

Sanctions compliance scrutiny by authorised dealer bank upheld where disclosures raised serious transaction-risk concerns.

FEMA

2026 (6) TMI 801

FEMA residence test under Section 2(v) kept immovable property and remittance transactions outside regulatory violations.

FEMA

2026 (6) TMI 184

Foreign security under FEMA includes transferable subscription rights, and seizure is limited to the equivalent value in India.

FEMA

2026 (6) TMI 1016

Review jurisdiction cannot reopen FEMA merits when statutory remedies remain available and no apparent error is shown.

FEMA

2026 (5) TMI 1600

FEMA seizure under Section 37A depends on holding of the foreign asset at seizure and can be lifted after repatriation.

FEMA

2026 (5) TMI 1102

FEMA penalty cannot rest on inapplicable borrowing rules or unpleaded downstream investment allegations

FEMA

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 (1) TMI 1401

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

Law of Competition

2026 (6) TMI 769

Prolonged pre-trial incarceration justified bail under PMLA despite Section 45's stringent twin conditions.

Money Laundering

2026 (6) TMI 713

PMLA bail and Article 21 liberty: prolonged incarceration can outweigh section 45 rigours in appropriate cases.

Money Laundering

2026 (6) TMI 712

Discharge at PMLA stage turns on prosecution material alone, with prima facie proceeds of crime enough to proceed.

Money Laundering

2026 (6) TMI 711

Prolonged pre-trial incarceration can justify bail under special statutes despite stringent statutory restrictions and twin conditions.

Money Laundering

2026 (6) TMI 1015

PMLA arrest power requires fresh, objective material; stale or recycled suspicion cannot justify arrest under Section 19.

Money Laundering

2026 (6) TMI 1014

Pre-cognizance hearing in PMLA complaints is mandatory, including for corporate accused; non-compliance vitiates summons.

Money Laundering

2026 (6) TMI 1013

Extended limitation under service tax law fails without suppression of facts or intent to evade tax.

Service Tax

2026 (6) TMI 1012

Service tax on construction and renting disputes failed as composite works, limitation, and ownership issues defeated the demands.

Service Tax

2026 (6) TMI 1011

Voluntary Compliance Scheme dispute, CENVAT credit treatment and service tax demand remanded for fresh adjudication.

Service Tax

2026 (6) TMI 1010

Support Services of Business or Commerce: taxi booking coordination and driver training held outside the taxable definition.

Service Tax

2026 (6) TMI 1009

Abatement under Service Tax Notification applies only absent Cenvat credit on inputs for the specific service, with disclosed returns defeating extended limitation.

Service Tax

2026 (6) TMI 1008

Service tax deposits may be adjusted only when linked to the relevant liability; extended limitation and reduced penalty were sustained.

Service Tax

2026 (6) TMI 949

Omission of charging provision without saving clause bars continued excise recovery proceedings and quashes pending demands.

Central Excise

2026 (6) TMI 948

Refunds on estimated-cost clearances: unjust enrichment may fail, but Section 11B limitation and CAS-4 valuation still govern.

Central Excise

2026 (6) TMI 896

Bagasse as non-excisable waste: Rule 6 Cenvat credit reversal not applicable, with interest and penalty unsustainable.

Central Excise

2026 (6) TMI 1007

Reasoned adjudication in clandestine removal cases requires proper consideration of the reply; non-speaking orders invite remand.

Central Excise

2026 (6) TMI 1006

Central Excise remission for inevitable Pig Iron losses was linked to Rule 21 and the product-specific condonation norm.

Central Excise

2026 (6) TMI 1005

Ex-works valuation excludes separate freight charges; Rule 8 cannot goods sold for turnkey erection and commissioning.

Central Excise

2026 (6) TMI 947

Departmental exoneration does not bar criminal prosecution where independent evidence shows a prima facie case of conspiracy and forgery.

VAT / Sales Tax

2026 (6) TMI 946

Quashing jurisdiction is limited where VAT-linked invoice fraud allegations disclose prima facie cheating and forgery.

VAT / Sales Tax

2026 (6) TMI 843

Instalment relief under entry tax law: tax and interest secured in stages while penalty recovery stayed pending appeal

VAT / Sales Tax

2026 (6) TMI 761

Jurisdiction over statutory forms in tax arrear recovery proceedings remains with the Assessing Authority, not the recovery forum.

VAT / Sales Tax

2026 (6) TMI 760

VAT assessment limitation: COVID-19 extension not available to the assessing authority, and time-barred months were set aside.

VAT / Sales Tax

2026 (6) TMI 701

Director liability under VAT recovery law requires proof of unrecoverable company dues and factual basis for gross negligence before attachment.

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 (6) TMI 945

Forum non conveniens under Article 226 has a limited role when multiple High Courts can hear the writ petition.

Indian Laws

2026 (6) TMI 944

Cheque dishonour presumptions and limited revisional review sustain conviction where signature and issuance are admitted.

Indian Laws

2026 (6) TMI 893

Cheque dishonour prosecution may proceed despite pending civil appeal; Section 139 presumptions block pre-trial factual defences.

Indian Laws

2026 (6) TMI 892

Cheque dishonour prosecution may continue despite pending civil appeal; quashing refused where Section 139 presumption and disputed facts remain.

Indian Laws

2026 (6) TMI 1004

Criminal negligence in bus accident cases requires proof of rash or negligent driving, not mere passenger fall while alighting.

Indian Laws

2026 (6) TMI 1003

Cheque dishonour liability requires drawer status; a non-signatory joint account holder cannot face prosecution under Section 138.

Indian Laws





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