Search Results for "dealer definition"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "dealer definition"

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High Court

Bombay High Court Quashes Circulars Including Dealer's PDI and Free After-Sales Service Costs in Assessable Value of Vehicles — Circulars Held Ultra Vires Section 4 of Central Excise Act, 1944.

7 Sep 2012

The petitioner, M/s. Tata Motors Ltd., a manufacturer of vehicles, challenged clause 7 of Circular No. 643/34/2002CX dated 1st July, 2002 and Circular...

High Court

Bombay High Court Upholds Tribunal's Finding that Crane Hirer is Not a 'Dealer' Under Lease Act. Transaction of Hiring Crane with Operator is a Works Contract, Not a Sale of Right to Use Goods.

21 Apr 2015

The case involves a reference under the Maharashtra Sales Tax on Transfer of Right to Use Any Goods for Any Purpose Act, 1985 (Lease Act). The respond...

High Court

Bombay High Court Quashes Termination of Dealership Agreement for Violation of Natural Justice — Indian Oil Corporation's Communication Set Aside for Non-Compliance with Principles of Audi Alteram Partem. The court held that termination without proper show cause notice and opportunity of hearing is arbitrary and liable to be quashed.

29 Apr 2010

The petitioner, Parbat s/o Namdeo Naikwadi, was a dealer of Indian Oil Corporation Limited (IOCL) at Gardani, Akole, Ahmednagar. He filed a writ petit...

Supreme Court

Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

5 Feb 2019

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

High Court

Bombay High Court Upholds Tribunal's Decision that Photocopying is Not a Works Contract Under Maharashtra Sales Tax on Works Contract Act. Activity of taking xerox copies does not involve transfer of property in goods, and the person carrying out such activity is not a 'dealer' under Section 2(1)(d) of the Maharashtra Sales Tax on Transfer of Property in Goods involved in Execution of Works Contract (Re-enacted) Act, 1989.

3 Mar 2006

The case involves a Sales Tax Reference under Section 61 of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Maharash...

Supreme Court

Supreme Court Clarifies 'Commercial Purpose' Under Consumer Protection Act for Company Purchases for Director Use. The Court held that purchase of a vehicle by a company for personal use of its directors does not amount to commercial purpose under Section 2(1)(d) of the Consumer Protection Act, 1986.

9 Jul 2024

The Supreme Court of India heard a batch of appeals concerning the interpretation of 'commercial purpose' under Section 2(1)(d) of the Consumer Protec...

High Court

Bombay High Court Quashes Local Body Tax Notice Against E-Commerce Marketplace Operator — Marketplace Model Does Not Attract Dealer/Importer Liability Under Pune Municipal Corporation Act, 1949. The court held that an e-commerce platform facilitating sales between independent sellers and buyers is not a 'dealer' or 'importer' under Section 260A of the Pune Municipal Corporation Act, 1949 and Rules 3 and 4 of the Local Body Tax Rules, 2010.

20 Jan 2023

The petitioner, M/s. Instakart Services Private Limited, an e-commerce marketplace operator, challenged a show cause notice issued by the Pune Municip...

High Court

Bombay High Court Upholds Revenue's View that BEST Undertaking is a Dealer Under Bombay Sales Tax Act, 1959 — Transport Service for Hire Constitutes Business Even Without Profit Motive. The court held that the definition of 'dealer' under section 2(11) and 'business' under section 2(5A) of the Bombay Sales Tax Act, 1959, includes municipal transport undertakings providing services for consideration, and the burden of proving absence of profit motive lies on the assessee.

7 Jul 2005

The case involves a reference under the Bombay Sales Tax Act, 1959, at the instance of the BEST Undertaking, which is a municipal entity established u...

Supreme Court

Supreme Court Allows Appeal by Oil Corporation, Upholds Termination of Dealership for Violation of Marketing Discipline Guidelines. Stock Variation and Sample Failure Constitute Critical Irregularities Justifying Termination Under Clause 8.2 of MDG 2012.

1 Jan 2019

The Supreme Court allowed the appeal filed by Indian Oil Corporation Ltd. and others against the judgment of the Gauhati High Court which had set asid...

Supreme Court

Supreme Court Partially Allows Public Sector Company's Appeal in Sales Tax Dispute — Penalty Quashed and Dealer Finding Set Aside. Supply of Building Materials to Contractors at Agreed Price Constitutes Sale but Mere Excess Over Cost Does Not Prove Profit Motive; Bona Fide Belief Exempts From Penalty Under Orissa Sales Tax Act, 1947.

4 Aug 1969

Hindustan Steel Ltd., a Government of India undertaking incorporated under the Indian Companies Act, 1913, was erecting factory buildings, residential...

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