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Recent Case Laws

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2026 (10) TMI 1853

GST demand confirmation cannot exceed the tax, interest or penalty amounts proposed in the show-cause notice.

GST

2026 (10) TMI 1852

Personal hearing in tax adjudication requires a further opportunity before an ex parte determination where the notified hearing remains inconclusive.

GST

2026 (10) TMI 1851

Input tax credit limitation and effective notice service govern invalid disallowance and remand of ex parte GST assessments.

GST

2026 (10) TMI 1850

Retrospective input tax credit relief overrides limitation-based reversals and requires recovery release, adjustment or refund for eligible claims.

GST

2026 (10) TMI 1849

Condonation of appellate delay permits restoration of tax appeal subject to completing the prescribed disputed-tax deposit.

GST

2026 (10) TMI 1848

Effective GST Notice Service Requires Alternative Delivery and Personal Hearing Following Registration Cancellation Before Ex Parte Assessment

GST

2026 (10) TMI 1838

Replacement Machinery Components and Captive Power Profits Support Tax Deductions, While Temporary Structures Receive Limited Depreciation

Income Tax

2026 (10) TMI 1837

Royalty treatment of live-feed broadcast rights depends on whether the licence permits enduring recording, re-telecast, or commercial exploitation.

Income Tax

2026 (10) TMI 1836

Erroneous batch tagging invalidated application of Income-tax Act provisions to a Central Tax writ petition, requiring fresh roster consideration.

Income Tax

2026 (10) TMI 1835

Change of opinion bars reassessment where scrutiny had already examined and accepted the mutual fund capital loss.

Income Tax

2026 (10) TMI 1834

Resolution plan finality extinguishes unprovided pre-approval tax claims and prevents reassessment proceedings for earlier assessment years.

Income Tax

2026 (10) TMI 1833

Section 270A penalty orders and consequential demand notices were quashed where an undisputed coordinate-bench ruling governed the matter.

Income Tax

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 1792

Unchallenged settlement deeds confer absolute title, enabling valid testamentary disposition and defeating partition claims based on unproven benami allegations.

Benami Property

2026 (10) TMI 1697

Benami cash deposits through another's bank account remain benami despite prompt banking-channel return, while attachment is limited.

Benami Property

2026 (10) TMI 1651

Pleading-stage scrutiny remains confined to plaint averments, leaving will validity and benami character for trial.

Benami Property

2026 (10) TMI 1791

Statutory appellate remedy restored when procedural barriers denied customs appellants any merits hearing before an appellate forum.

Customs

2026 (10) TMI 1790

FOB value re-determination under binding remand directions cannot reopen settled misdeclaration findings and requires compliance with valuation procedure.

Customs

2026 (10) TMI 1789

Telecommunications switch parts classification treats integrated chassis-backplane assemblies as apparatus parts eligible for basic customs-duty relief.

Customs

2026 (10) TMI 1696

Packaged software valuation requires RSP assessment where retail-package declarations are absent, defeating customized-software exemption and supporting extended duty consequences.

Customs

2026 (10) TMI 1695

Customs transaction value cannot be enhanced using undisclosed benchmark data without comparable-import evidence and sequential valuation methods.

Customs

2026 (10) TMI 1694

Transferable DFIA exemptions cannot be curtailed by public-notice-only CIF caps or actual user restrictions, preserving qualifying walnut imports.

Customs

2026 (10) TMI 1577

Liquidation asset-disclosure powers support summons of former directors and require renewed e-bidding after technical failures.

Companies Law

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 (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 1788

Related-party exclusion bars creditors from CoC rights where contractual control permits policy-making participation despite a non-bona-fide assignment.

IBC

2026 (10) TMI 1787

Pleading amendments based on a compromise preserve limitation where they arise from the original transaction, unlike belated damages claims.

IBC

2026 (10) TMI 1786

Parallel investigation requests cannot bypass an existing judicial stay on an FIR already under judicial consideration.

IBC

2026 (10) TMI 1785

Resolution professional claim admission does not acknowledge debt or extend limitation for personal-guarantor insolvency proceedings.

IBC

2026 (10) TMI 1692

Binding approved resolution plans prevent Committee withdrawal merely because the corporate debtor's financial position improves.

IBC

2026 (10) TMI 1691

IBC moratorium permits arbitration on a corporate debtor's counterclaim where pre-insolvency contractual termination lacks CIRP nexus.

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 1784

Locus of Non-Impleaded Persons: potential accused may challenge judicially directed FIR registration, investigation, and final-report directions.

Money Laundering

2026 (10) TMI 1783

Anticipatory bail under money-laundering law remains undecided after dismissal of a delayed petition without merits review.

Money Laundering

2026 (10) TMI 1782

FIR registration in corruption matters requires neither a pre-registration hearing nor mandatory preliminary inquiry when cognizable offences are disclosed.

Money Laundering

2026 (10) TMI 1781

Section 66(2) information disclosing corruption offences requires FIR registration without a duplicative preliminary inquiry or unauthorised special team.

Money Laundering

2026 (10) TMI 1780

Post-activation debit freezes lack KYC basis where due diligence is complete and suspicious-transaction reporting cannot restrict account operations.

Money Laundering

2026 (10) TMI 1689

ECIR validity depends on a subsisting scheduled offence; quashing the sole predicate FIR ends related money-laundering proceedings.

Money Laundering

2026 (10) TMI 1779

Service by affixture validates notice and triggers the limited statutory appeal period; delayed first appeals remain barred.

Service Tax

2026 (10) TMI 1778

Prospective builder service tax treatment excludes pre-amendment construction but taxes covered services from the effective date.

Service Tax

2026 (10) TMI 1777

Works contract valuation: composite maintenance agreements became taxable only after introduction, using percentage valuation where goods value is indeterminable.

Service Tax

2026 (10) TMI 1776

Transitional cash refund for service tax on unrendered services is not limited by Section 11B.

Service Tax

2026 (10) TMI 1775

Extended Limitation Requires Wilful Suppression: audited records cannot support time-barred service-tax demands, despite taxable employee secondment.

Service Tax

2026 (10) TMI 1774

Extended limitation for declared service tax fails where departmental knowledge makes the demand time-barred and penalties unsustainable.

Service Tax

2026 (10) TMI 1768

Extended limitation fails where disclosed clearances, correspondence and audits establish Revenue knowledge, barring duty demand and penalty.

Central Excise

2026 (10) TMI 1767

Excise penalty requires dealing in confiscation-liable goods or ineligible-benefit documents; absent both statutory ingredients, penalty cannot stand.

Central Excise

2026 (10) TMI 1683

Job-work fabric processing does not constitute manufacture for textile cess when fabrics are returned to handloom or powerloom suppliers.

Central Excise

2026 (10) TMI 1567

Sufficient cause for appeal delay requires diligent action; internal failures and COVID-19 disruptions were insufficient.

Central Excise

2026 (10) TMI 1566

CENVAT credit for taxed job-work services remains available where the service supports manufacture despite an available exemption.

Central Excise

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 1766

Statutory limitation bars reopening deemed VAT assessments; requests for assessment records cannot revive reassessment jurisdiction.

VAT / Sales Tax

2026 (10) TMI 1765

Enhanced Additional Court Fee Applies Prospectively Only When Tax Litigation Commences After the Effective Date

VAT / Sales Tax

2026 (10) TMI 1644

Tax reimbursement arbitration permits contractual allocation while import and inter-State sales remain outside DVAT under an integral contractual nexus.

VAT / Sales Tax

2026 (10) TMI 1643

Retrospective evidentiary standards for input tax credit require a fresh opportunity to prove genuine goods transactions.

VAT / Sales Tax

2026 (10) TMI 1565

Legal-metrology declarations apply to packaged telecom devices supplied for subscriber use, despite retained ownership and prior-adjudication objections.

VAT / Sales Tax

2026 (10) TMI 1564

Original assessment limitation under substituted Section 42 did not govern completion periods outside fresh reassessments ordered on review.

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 1764

State legislative competence over betting on skill games sustained challenged online-gambling amendments against arbitrariness and disproportionality challenges.

Indian Laws

2026 (10) TMI 1682

Equitable full and final debt settlement preserves a running concern while disputed NPA classification and assignment issues remain unresolved.

Indian Laws

2026 (10) TMI 1681

Rebuttable cheque presumptions require complainants to prove enforceable debt once a probable defence shifts the evidentiary burden.

Indian Laws

2026 (10) TMI 1642

Witness summons under Order XVI may issue despite delayed listing when necessary evidence addresses the real controversy.

Indian Laws

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


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