Bombay High Court

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Bombay High Court Allows Writ Petition Quashing Service Tax Levy on Irrigation Restoration Charges Paid to State Government. State's Collection of Charges for Water Diversion is a Sovereign Function, Not a Taxable Service Under Finance Act, 1994....

The petitioner, Rattan India Power Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order passed by the Principal Commissioner ...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act for Lack of Fresh Material — Petitioner Had Disclosed All Facts in Original Assessment Under Section 143(3)....

The petitioner, Milton Plastics Limited, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 22.03.2004 issued by the Deputy Commissioner of Income Tax unde...

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Bombay High Court Dismisses Petitions Challenging Air India Disinvestment and Transfer of Employees. Transfer of undertaking under Section 25FF of the Industrial Disputes Act, 1947 does not require consent of workmen and continuity of service is protected....

The petitioners, three trade unions representing employees of Air India and its subsidiaries, filed writ petitions challenging the disinvestment of Air India and the transfer of employees to the new o...

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Bombay High Court Dismisses Challenge to Arbitrator's Interim Order Directing Security in Dredging Contract Dispute. Section 37(2)(b) Appeal Fails as Arbitrator's Order for Bank Guarantee of Rs. 5,66,30,579/- Upheld Pending Final Award....

The present Commercial Arbitration Petition was filed under Section 37(2)(b) of the Arbitration & Conciliation Act, 1996 (the Act) by Karanja Terminal & Logistics Pvt Ltd (Petitioner) challenging the ...

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Case Against SEBI. Regulatory fees collected under SEBI Act, 1992 are statutory levies, not consideration for taxable service under Finance Act, 1994....

The Principal Commissioner of CGST & Central Excise, Mumbai East, filed an appeal under Section 35(G) of the Central Excise Act, 1944 against the order dated 23/07/2020 passed by the Customs, Excise a...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Independent Application of Mind. Reopening Based on Borrowed Satisfaction from Search Action Without Proper Inquiry Held Invalid Under Section 148A of Income Tax Act, 1961....

The petitioner, Anurag Gupta, an individual, filed his return of income for assessment year 2018-19 under Section 139(1) of the Income Tax Act, 1961, which was processed under Section 143(1). Subseque...

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Bombay High Court Upholds CAT Order Reinstating Railway Employee in Disciplinary Case — Non-Supply of Inquiry Report Violates Natural Justice. Removal from Service Set Aside as Disciplinary Authority Failed to Provide Copy of Inquiry Report Before Imposing Penalty, Contrary to Principles of Natural Justice....

The Union of India challenged the judgment of the Central Administrative Tribunal (CAT) Mumbai dated 25 November 2010 in Original Application No. 148 of 2006, which set aside the order of removal from...

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Bombay High Court Allows Petition Challenging MCZMA's Refusal of CRZ Clearance for Occupancy Certificate. MCZMA cannot refuse clearance on ground of mismatch between DCR 1991 and DCR 1967 when construction was lawfully permitted under DCR 1991....

The petitioner, MRK Enterprises, a partnership firm, owned a property known as 'Amir House' at Colaba, Mumbai. The petitioner sought a Coastal Zone Regulation (CRZ) clearance from the Maharashtra Coas...

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Bombay High Court Holds Land Reservation Lapses Only Upon Valid Notice Under Section 127 of MRTP Act, Not Mere Passage of Time. The court ruled that without a valid notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, the High Court cannot declare reserved land free from reservation even after an inordinate delay....

The case involves two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, by three petitioners—Madanlal Zumberlal Nahar, Jawaharlal Zu...