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2026 (9) TMI 2072
Case Laws Money Laundering
PMLA Property Restoration Requires Qualifying Claimants and Separates Attached Promoter Assets from Corporate Insolvency Proceedings
Restoration of property attached under the PMLA during trial is confined to claimants with a legitimate interest and quantifiable loss, subject to framing of charge and a hearing for the owner under the Restoration of Property Rules. An association that is not itself a homebuyer and has no quantifiable loss cannot qualify; the restoration order obtained on its application was set aside. Assets of former promoters or other entities remain outside the corporate debtor's insolvency estate, and an insolvency professional's undertaking cannot alter that position. An independent monitoring committee will verify genuine homebuyers and maintain asset data, while liquidation or restoration remains deferred pending attachment challenges and available remedies.

2026 (9) TMI 2073
Case Laws Companies Law
Forensic audit scope remains limited to debtor-bank transactions, excluding unrestricted scrutiny of banks' wider affairs.
Forensic audit directions concerning commercial transactions and relationships between the judgment debtors, FHL, FHHPL and the banks are confined to those transactions. Relevant clauses do not authorise a general examination of the banks' affairs beyond that scope. The audit therefore cannot become a fishing and roving inquiry into the banks' entire affairs.

2026 (9) TMI 2074
Case Laws GST
Reasoned appellate orders require consideration of material grounds; unresolved notice, document access and hearing defects warrant fresh adjudication.
Reasoned appellate orders must address material factual and legal grounds, evidence and authorities relied upon; conclusory confirmation of original orders does not provide an effective appellate determination and undermines natural justice. Where first appellate review omits those grounds, deciding the dispute only at the second appellate level may deprive the party of a statutory appellate level. Fresh original adjudication should ensure identification and access to relied-upon documents, reasonable opportunity to respond, effective personal hearing, and a reasoned determination.

2026 (9) TMI 2075
Case Laws GST
Statutory personal hearing and reasoned orders require fresh first-instance adjudication when duplicate e-way bill evidence remains disputed.
Requested personal hearings and reasoned orders are required where an adverse GST determination turns on disputed factual evidence. Denial of a post-reply hearing and failure to address explanations concerning duplicate e-way bills, a single supply, and alleged additional taxable transactions breach the requirements of Sections 75(4) and 75(6). Later appellate hearings do not automatically rectify that original-stage defect. Rule 138(9) does not create a new charge; failure to cancel an e-way bill is relevant but not conclusive of an additional supply. The dispute requires fresh adjudication confined to the existing notice, with primary records, a meaningful hearing, and a speaking order.

2026 (9) TMI 2076
Case Laws GST
Transitional input-tax credit claims through Form GST TRAN-1 remain available under the permitted filing and revision concession.
Supreme Court directions permitted aggrieved registered assessees to file or revise Form GST TRAN-1 and Form GST TRAN-2 for availing transitional input-tax credit. The relief allowing Form GST TRAN-1 filing for transitional credit corresponded with that concession, leaving no basis to disturb it and preserving the assessee's ability to seek the credit. Transitional credit may therefore be pursued through the filing or revision mechanism specified in those directions.

2026 (9) TMI 2077
Case Laws GST
Cross-examination rights protect input tax credit claims when third-party statements directly support adverse assessments and require fresh adjudication.
Cross-examination must be afforded where an assessing authority treats third-party statements as credible and relies on them directly to deny an input tax credit claim. Although cross-examination is not an absolute right in every assessment, natural justice and fair-hearing requirements require an effective opportunity to rebut materially relied-upon statements. Denial of that opportunity vitiates the assessment and requires fresh adjudication after the assessee receives a reasonable opportunity to cross-examine the relevant individuals.

2026 (9) TMI 2078
Case Laws GST
Inverted-duty GST refunds require fresh factual verification after reliance on a quashed circular and inconsistent treatment of comparable claims.
Inverted-duty GST refund eligibility for cotton-yarn manufacturing requires fresh factual verification of the inputs purchased, manufacturing activity, output-tax payment and accumulated input tax credit. Rejection based on Circular No. 135/05/2020-GST is unsustainable where that circular has already been quashed in relation to the same refund issue. The Department should also maintain consistency where comparable refund claims have been sanctioned. Refund must be granted once the factual requirements for eligibility under the inverted duty structure are established.

2026 (9) TMI 2079
Case Laws GST
Inverted duty structure refunds require verification of genuine manufacturing activity before entitlement to refund can be determined afresh.
Refund eligibility under an alleged inverted duty structure required verification of whether outward supplies comprised cotton yarn manufactured using cotton fibre, packing material and consumables, or cotton yarn traded without manufacturing. Supporting records had to establish the actual nature of the claimant's activities before refund entitlement could be determined. The impugned orders were quashed, and the refund claims were remitted for fresh determination on that factual verification.

2026 (9) TMI 2080
Case Laws GST
Belated input tax credit regularisation under amended Section 16(4) requires fresh adjudication and compliance with remaining GST conditions.
Amended Section 16(4) of the GST enactments, effective from 27 September 2024, regularises belated availment of input tax credit. Credit eligibility remains subject to compliance with all other applicable statutory and rule-based conditions. Demands concerning delayed input tax credit availment require fresh adjudication under the amended provision. Fresh adjudication of demands unrelated to Section 16(4) is conditional on payment of 50% of the disputed tax in cash and submission of a reply supported by relevant material.

2026 (9) TMI 2081
Case Laws GST
GST registration restoration and penalty reconsideration require compliance with stipulated conditions, including a deposit, reply, and supporting documents.
Cancelled GST registration may be restored where the registered person satisfies the applicable restoration requirements. A penalty proceeding for failure to furnish required information, where no reply to the show-cause notice was filed and hearing opportunities were not used, may undergo fresh adjudication after a 10% cash deposit of the disputed tax and submission of a reply supported by documents. The existing penalty order is to operate as an addendum to the show-cause notice, requiring a merits determination after the prescribed compliance.

2026 (9) TMI 2082
Case Laws GST
Statutory CGST appeals provide the prescribed remedy for challenging assessment orders and enable full examination of taxpayer objections.
CGST assessment orders that are appealable under the statutory appellate mechanism should be challenged through that remedy. Taxpayers may raise all objections to an assessment order in the statutory appeal, where the contentions are to be considered and decided in accordance with law within a reasonable period. The material addresses a challenge to an assessment order and identifies the statutory appeal route as the available legal remedy, with pending applications to be disposed of accordingly.

2025 (4) TMI 2157
Case Laws Indian Laws
NDPS search safeguards: defective statutory choice, untested contraband and mixed pouch samples supported regular bail.
Prima facie breach of NDPS search-and-seizure safeguards arose because the appraisal letter inaccurately communicated the option of a search before a Magistrate or Gazetted Officer. Identification of alleged contraband without required testing, followed by mixing material from four separate pouches before weighing, further indicated a vitiated seizure process. These observations were limited to the bail stage and did not determine the prosecution's merits; regular bail was granted.

2025 (4) TMI 2158
Case Laws Indian Laws
Personal-search and sampling safeguards can support regular bail where statutory options, sample quantity, and certification requirements are breached.
Section 50 personal-search safeguards require clear communication of the statutory choice to be taken before the nearest Magistrate or Gazetted Officer. Presenting only a qualified option to be searched before a Magistrate may amount to prima facie non-compliance. Sampling safeguards also require the prescribed sample quantity and certification in Form No. 5. Samples below the prescribed quantity and a non-prescribed certificate may weaken the prosecution seizure case at the bail stage, supporting regular bail without determining guilt on the merits.

2025 (4) TMI 2159
Case Laws Indian Laws
Pre-sampling mixing of separately seized contraband may undermine mandatory statutory safeguards and support regular bail claims.
Pre-sampling mixing of contraband recovered from separately seized packets conflicts with prescribed seizure and sampling safeguards. Separate packages or containers must be individually weighed and serially numbered, and samples must be drawn from each packet or container. Where contents are identical, representative quantities may be combined only through the prescribed inventory and sampling process in a Magistrate's presence. Immediate mixing at the seizure stage is prima facie impermissible and constitutes a substantive breach rather than a minor procedural irregularity. Non-compliance with mandatory seizure and sampling requirements may undermine the prosecution case and support entitlement to regular bail.

2025 (2) TMI 2003
Case Laws Indian Laws
Curable appellate defects require opportunity to file separate memoranda before a timely composite first appeal is rejected.
Separate memoranda of appeal are required where a common judgment both dismisses a suit and allows a counterclaim. Failure to file separate memoranda is curable if the composite appeal was timely and otherwise free of serious defects. Procedural rules allow dispensation with a duplicate judgment copy in specified circumstances. Courts should permit rectification before technical rejection, preserving determination on merits.

2024 (12) TMI 1811
Case Laws Income Tax
Cash gifts from relatives remain explained where donor identity, capacity and source are established without source-of-source proof.
Cash gifts from the assessee's mother and brother were not unexplained cash credits where donor identities, PANs, income-tax returns, regular income sources, and evidence of advances under agricultural-land sale agreements established the nature and source of the gifts. For assessment year 2018-19, Section 68 did not require the assessee to establish the source of the donors' funds, because that requirement applied only from assessment year 2022-23. The gifts were therefore satisfactorily explained and could not be assessed under Section 68.

2024 (12) TMI 1812
Case Laws Income Tax
Unexplained investment and real-income rules prevent additions for opening balances, unpaid liabilities and income belonging to others.
Section 69 applies only to unexplained investments made during the relevant year; deposits evidenced as pre-existing opening balances fall outside its scope. Financial extracts drawn from accounting records seized during search are not fresh additional evidence under Rule 46A where the underlying records were already available and the figures remain undisputed. Section 69C requires proof that expenditure was actually incurred, not merely that liabilities were recorded as payable. Interest on unrecoverable loan principal is hypothetical rather than real income, and income must be assessed in the hands of the person or entity to whom it belongs.

2025 (4) TMI 2160
Case Laws Income Tax
Business nexus of margin deposits supports business-income treatment, while verified export receipts and overseas advances resist unexplained-credit additions.
Additional evidence comprising shipping and banking records may be admitted where necessary for proper determination of unexplained Customs-duty expenditure and capital-credit additions; those additions require fresh factual adjudication after hearing. Interest on fixed deposits pledged as margin money for business credit facilities has a direct business nexus and is assessable as business income rather than income from other sources. Export sale proceeds and export incentives cannot be treated as bogus or unexplained solely on investigative show-cause material where export and banking evidence supports the transactions. Overseas customer advances received through banking channels are not unexplained credits once party particulars and receipt evidence discharge the taxpayer's burden, absent Revenue rebuttal or available verification.

2025 (4) TMI 2161
Case Laws Income Tax
Cash deposits during demonetisation remain explained when contemporaneous sales records and cash balances substantiate their business source.
Cash deposits made during demonetisation are not unexplained cash credits where recorded cash sales are supported by the cash book, sales ledger, stock register, VAT returns and audited accounts, and sufficient cash balances existed on the demonetisation date. Where sales and book results remain unrejected and revenue identifies no discrepancy between sales and VAT returns, assumptions about cash retention or business practices cannot displace documentary evidence. Cash sales of a newly commenced unit cannot be benchmarked against a prior year in which it was not operating.

2025 (4) TMI 2162
Case Laws Income Tax
Uncorroborated accommodation-entry statements cannot sustain unexplained cash-credit additions, resulting in deletion of the remaining disputed amount.
Unexplained cash-credit addition under section 68 depended solely on directors' statements admitting accommodation entries. Statements unaccompanied by relevant corroborative evidence were insufficient to sustain the addition. The earlier larger addition had been deleted in principle during remand proceedings. The remaining disputed addition was therefore deleted in favour of the assessee, removing the residual section 68 liability.

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