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Bombay High Court Quashes Recovery Proceedings Against Timber Purchasers for Fire-Destroyed Goods. Property in Timber Not Passed to Purchasers Under Sale of Goods Act, 1930, Hence No Liability Under Maharashtra Land Revenue Code.

The petitioners, fifteen timber merchants, participated in an auction conducted by the Forest Department on 16.04.2008 and 15.05.2008 for the purchase...

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Supreme Court Dismisses Timber Buyer's Claim for Uncut Logs After Vesting of Jagir. Property in Standing Timber Did Not Pass Before Severance Under Sale of Goods Act, 1930 Sections 18 and 21; Vesting Under Madhya Pradesh Abolition of Proprietary Rights Act, 1950 Extinguished Right to Cut Trees.

The dispute arose from a timber sale contract executed on August 5, 1949 between Thakur Randhirshah, Jagirdar of Sonpur Jagir, and Ram Narain Mahto, a...

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Bombay High Court Quashes Stamp Duty Demand on Timber Auction Bid Sheets. Bid Sheet for Purchase of Timber from Forest Department Not a 'Conveyance' Under Bombay Stamp Act, 1958 as It Does Not Transfer Any Right, Title or Interest in Property.

The Nagpur Timber Merchants Association and another petitioner challenged a Government Resolution dated 27.08.2009 and subsequent directions by which ...

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Supreme Court Dismisses Assessee's Appeal in Income Tax Case Regarding Taxation of Forest Tree Sale Proceeds. Proceeds from 'Clear Felling' of Spontaneous Growth Trees Leaving Stumps for Regeneration Held to be Revenue Receipt under the Income Tax Act, 1922.

The Supreme Court of India addressed the taxability of proceeds from the sale of forest trees under a 'clear felling' agreement. The assessee's father...

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Supreme Court Upholds Revenue’s Assessment — Income from Sale of Naturally Grown Trees Not Agricultural Income. Assessee Must Prove Entitlement to Exemption Under Section 4(3)(viii) of Income-tax Act, 1922; Tribunal’s Finding of Fact Binding.

The dispute concerned the taxability of income derived by the respondent, a proprietor of an estate, from the sale of trees in his forests. The respon...

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Supreme Court Dismisses Appeal Against Levy of Timber Tax Under Calicut City Municipal Act 1961. Court Holds Section 126 Must Be Read Down to Tax Only Entry of Timber for Consumption, Use or Sale Within Municipal Limits, Consistent with Entry 52 List II Constitution.

The appeals arose from a group of petitions filed before the Kerala High Court challenging the levy of 'timber tax' by the Corporation of Calicut unde...

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Bombay High Court Allows Writ Petition of Tendu Leaves Contractors Association for Exemption from TCS under Section 206C(1A) of Income Tax Act, 1961. Contractors engaged in trading of forest produce are not liable to tax collection at source as they are not 'buyers' under the provision.

The petitioner, Gondia Beedi Leaves Contractors Association, representing contractors of Tendu leaves (a forest produce), filed a writ petition before...

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Bombay High Court Allows Petition of Cooperative Corporation Against Tax Recovery Under Section 206C. Corporation Held Not a 'Seller' as It Was a Second Seller of Forest Produce Purchased from Tribals.

The petitioner, Maharashtra State Cooperative Tribal Development Corporation Ltd., challenged common orders of the Commissioner of Income Tax and Assi...

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Madras High Court Hears Writ Petition Challenging Fishery Public Auction Notice for Periyur Periya Kanmoi. Petitioner Claims Hereditary Fishery Rights Based on 1942 Court Auction Sale and Seeks Quashing of Auction Notice Under Article 226.

The petitioner, S. Seenichami, President of Periyur Periyakulam Water Users Association, filed a writ petition under Article 226 of the Constitution o...