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Recent Case Laws

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2026 (9) TMI 814

Reasoned GST registration revocation orders are mandatory; unexplained rejection requires fresh determination under law.

GST

2026 (9) TMI 813

Post-cancellation GST notice service requires an alternative mode; portal-only communication invalidates the assessment for denial of natural justice.

GST

2026 (9) TMI 812

Rectification time limit remains directory, preserving merits review after the prescribed period for timely filed applications.

GST

2026 (9) TMI 811

GST registration restoration follows payment of statutory dues despite expired revocation and return-filing periods limits.

GST

2026 (9) TMI 810

Post-cancellation GST notice service requires physical delivery; portal-only service cannot sustain ex parte adjudication.

GST

2026 (9) TMI 809

E-KYC completion enables refund claim processing and supports administrative guidance for similarly situated claimants.

GST

2026 (9) TMI 790

Reassessment notice limitation: time exclusions and deemed reply dates within the Section 148A procedural framework.

Income Tax

2026 (9) TMI 789

Penalty limb specification remains undecided as delayed challenge fails without satisfactory grounds for condonation.

Income Tax

2026 (9) TMI 788

Tax withholding on non-resident payments does not arise where no Indian tax chargeability or permanent establishment exists.

Income Tax

2026 (9) TMI 787

Third-party search material must be assessed under the search assessment framework, barring general reassessment proceedings against non-searched persons.

Income Tax

2026 (9) TMI 786

Limitation for consequential assessments requires acceptance of returned income when the statutory period to give effect has expired.

Income Tax

2026 (9) TMI 785

Transfer-pricing comparability requires functional alignment, while adjustments remain confined to relevant associated-enterprise international transactions only.

Income Tax

2026 (8) TMI 818

Benami property attachment sustained where alleged loan consideration lacked credible proof, traceable lenders, and explained funding sources.

Benami Property

2026 (8) TMI 817

Benami property transactions arise where beneficial ownership funds acquisitions and ostensible owners cannot prove independent means or genuine loans.

Benami Property

2026 (8) TMI 439

Benami ownership requires proof of consideration and beneficial ownership, with cross-examination required for retracted foundational statements.

Benami Property

2026 (8) TMI 438

Provisional attachment requires evidence of alienation risk; prior Income Tax Department custody made attachment unsustainable.

Benami Property

2026 (8) TMI 1545

Benami property exceptions protect a father's purchase in minor children's names from statutory bar and plaint rejection.

Benami Property

2026 (8) TMI 1327

Benami transaction definition requires owner's lack of knowledge; acknowledged share allotment and buy-back consideration defeated the statutory claim.

Benami Property

2026 (9) TMI 753

Prohibited-goods classification for restricted gold imports triggers confiscation and the applicable Customs Act penalty regime.

Customs

2026 (9) TMI 752

Product-group broad nexus permits Target Plus imports, while ambiguous policy language cannot alone trigger extended duty recovery.

Customs

2026 (9) TMI 751

Post-import exemption breaches trigger confiscation-based duty recovery, while valuation must use actual transport and insurance costs.

Customs

2026 (9) TMI 750

Penalty ceiling under Cargo Handling Regulations restricts sanctions to the prescribed statutory maximum despite reliance on earlier orders.

Customs

2026 (9) TMI 749

Pre-amendment newsprint import policy treated RNI registration as a clearance requirement, not an import condition for warehoused goods.

Customs

2026 (9) TMI 748

Social Welfare Surcharge is not payable when MEIS scrip debit exempts basic customs duty on imported goods.

Customs

2026 (9) TMI 747

Partnership dissolution requires liquidation or market-value settlement, preserving an outgoing partner's asset share beyond dissolution-date valuation.

Companies Law

2026 (9) TMI 479

Director disqualification cannot deactivate a DIN without Rule 11 compliance and a prior hearing under natural justice.

Companies Law

2026 (9) TMI 423

Company investigation safeguards require recorded statutory satisfaction and prior hearing before external agencies receive tracking-information directions.

Companies Law

2026 (9) TMI 358

Permanent winding-up stays require a bona fide revival plan advancing public interest, commercial morality, creditor settlement and worker protections.

Companies Law

2026 (9) TMI 208

Clear court undertakings support contempt, while asset-dissipation risk can justify security for enforcement of foreign money decrees.

Companies Law

2026 (9) TMI 207

Forensic audit in foreign-award enforcement can trace alleged asset dissipation without deciding ultimate civil, contempt, or restitutionary liability.

Companies Law

2026 (9) TMI 98

Competing open-offer timelines run from the first detailed public statement, preventing revival after the offer process closes.

SEBI

2026 (9) TMI 663

Buyback escrow release does not immunise issuers from independently proven fraud proceedings under market-abuse rules.

SEBI

2026 (9) TMI 662

Disgorgement and co-location access issues remain legally open after settlement-based disposal of securities market appeals.

SEBI

2026 (9) TMI 561

Summons before arrest warrants: transferred complaints require accused already on bail to receive an initial opportunity to appear.

SEBI

2026 (9) TMI 302

Leave against acquittal requires arguable grounds for deeper scrutiny, while certified-copy time is excluded from limitation.

SEBI

2026 (9) TMI 206

Clearing member liability for trading member client defaults requires a statutory duty and authorised monetary remedy.

SEBI

2026 (9) TMI 746

Without-prejudice deposits cannot replace determination of maintainability, financial debt and default in Section 7 insolvency proceedings.

IBC

2026 (9) TMI 745

Resolution applicant death does not justify liquidation; plan viability and pending CIRP withdrawal require consideration first.

IBC

2026 (9) TMI 744

Section 32A immunity protects going-concern liquidation purchasers from pre-sale liabilities, subject to statutory conditions and separate authority approvals.

IBC

2026 (9) TMI 661

Impleadment of Suspended Directors Preserves Forensic Audit Challenges When Resolution Professionals Decline to Continue Writ Proceedings

IBC

2026 (9) TMI 660

Personal guarantor insolvency forum follows the corporate debtor's CIRP, with inter-Bench transfers available to enforce mandatory consolidation.

IBC

2026 (9) TMI 659

Pre-existing operational debt disputes bar CIRP where transaction genuineness requires detailed adjudication outside summary insolvency proceedings.

IBC

2026 (9) TMI 743

Continuing foreign-asset holdings permit prospective seizure of equivalent domestic assets where statutory suspicion and Indian residence are established.

FEMA

2026 (9) TMI 559

Proportionate penalty under foreign exchange law requires reasoned discretion; an unexplained unchanged quantum was reduced.

FEMA

2026 (8) TMI 801

Equivalent-value property seizure under FEMA may proceed on prima facie evidence of unauthorised overseas fund transfers.

FEMA

2026 (8) TMI 165

Proof of actual software receipt is required for foreign-exchange remittances; authorised company officers remain liable without due diligence.

FEMA

2026 (8) TMI 164

Foreign-exchange compliance breaches in share transfers and escrow security arrangements sustained, while chairman's residential-status charge failed.

FEMA

2026 (8) TMI 106

Company officer liability for neglected export-proceeds compliance retained, while monetary penalty was reduced to the pre-deposit.

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 (9) TMI 742

PMLA Bail Restrictions May Yield to Prolonged Custody and Serious Chronic Medical Conditions in Appropriate Cases

Money Laundering

2026 (9) TMI 741

Prior procedural reversal of freezing does not bar subsequent attachment of alleged crime proceeds pending money-laundering trial.

Money Laundering

2026 (9) TMI 740

Provisional attachment for layered share transactions remains justified where alleged bribe proceeds were projected as legitimate capital gains.

Money Laundering

2026 (9) TMI 558

Prolonged custody can justify bail despite PMLA twin conditions, with safeguards protecting trial and witnesses.

Money Laundering

2026 (9) TMI 557

Proceeds-of-crime nexus fails when the individual's predicate prosecution is wholly quashed for lack of investigative jurisdiction.

Money Laundering

2026 (9) TMI 556

Equivalent-value attachment permits property acquired before criminal activity to secure untraceable or overseas proceeds of crime.

Money Laundering

2026 (9) TMI 739

Pre-2011 input-service coverage permits group insurance refunds, while club services require proven business use and period-specific accumulated credit.

Service Tax

2026 (9) TMI 738

Interest on genuine EMI loans remains outside service tax, defeating extended demands and penalties for interpretational disputes.

Service Tax

2026 (9) TMI 658

CENVAT credit invoice defects require reasoned consideration of relevant Tribunal precedents before denial can be sustained.

Service Tax

2026 (9) TMI 657

Recovery-agent services as input services support CENVAT credit, while interpretational disputes bar extended limitation and related penalties.

Service Tax

2026 (9) TMI 656

Residential complex construction before July 2010 remained outside service tax where builders developed property under agreements to sell.

Service Tax

2026 (9) TMI 655

Reimbursable expenses and turnover mismatches cannot independently sustain service-tax demands, while CENVAT credit requires proper reconciliation and verification.

Service Tax

2026 (9) TMI 737

Clean Environment Cess taxability disputes belong before the Supreme Court, not the High Court, under the excise appellate framework.

Central Excise

2026 (9) TMI 736

Reliable evidence for clandestine clearances was absent, leaving turnover within the small scale industry exemption limit.

Central Excise

2026 (9) TMI 654

Mutatis mutandis customs conditions preserve excise exemption where import procedures cannot govern compliant domestic competitive-bidding supplies.

Central Excise

2026 (9) TMI 653

CENVAT credit on imported capital goods remains with the importing entity and cannot shift through corporate integration or captive use.

Central Excise

2026 (9) TMI 652

Delayed excise refund interest follows valid electronic claims, with protest payments preventing postponement until later physical filing.

Central Excise

2026 (9) TMI 547

Mistake-of-law tax refunds attract interest from original claims, while implementation directions remain outside appellate review.

Central Excise

2026 (9) TMI 735

Delay condonation requires a satisfactory explanation for prolonged inaction; inadequate medical grounds left the revision time-barred.

VAT / Sales Tax

2026 (9) TMI 734

Tax refund limitation does not bar assessment-stage correction of underclaimed deductions or exemptions, requiring refund of amounts lawfully due.

VAT / Sales Tax

2026 (9) TMI 651

CST, VAT and sales tax disputes invoke special leave petition review of prior tax determinations.

VAT / Sales Tax

2026 (9) TMI 650

Clean-slate resolution plans extinguish unresolved pre-resolution tax claims and require refund of related appellate pre-deposits.

VAT / Sales Tax

2026 (9) TMI 649

Prescribed refund applications govern delayed-refund interest, while redesignation of the competent officer does not defeat refund claims.

VAT / Sales Tax

2026 (9) TMI 648

Fresh assessment remand bars Tribunal appeal when the predominant tax issue is reopened despite findings on ancillary matters.

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

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 (11) TMI 2064

Territorial appellate jurisdiction invalidates orders issued by an appellate authority not assigned the assessee's regional charge.

Wealth-tax

2026 (9) TMI 733

SEZ Fiscal Exemption Extends to Pre-Ordinance Lease Deeds Under an Existing State Investment Policy

Indian Laws

2026 (9) TMI 732

GST reimbursement for pre-GST contracts survives tax-inclusive tender clauses where later tax burdens are verified and comparable contractors receive relief.

Indian Laws

2026 (9) TMI 647

Stamp valuation enquiries may not require fraudulent intent, but binding precedent on wilful undervaluation awaits larger-Bench review.

Indian Laws

2026 (9) TMI 646

RBI supersession of multi-State co-operative bank boards may continue beyond elected tenure, subject to statutory aggregate limits.

Indian Laws

2026 (9) TMI 645

Repayment of released appeal deposits remains mandatory upon acquittal despite procedural irregularity in the refund direction.

Indian Laws

2026 (9) TMI 644

Rebuttable cheque-debt presumptions require proof of lending capacity and underlying liability once a probable defence arises.

Indian Laws


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