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High Court of Bombay Holds Bank of Maharashtra Action Contrary to RBI Wilful Defaulter Guidelines Due to Absence of Reasoned First Committee Order. Declaration of Wilful Defaulter Requires Strict Compliance with Procedural Safeguards Under RBI Master Circular and Supreme Court Precedent.

Background: The dispute arose out of a writ petition filed before the High Court of Judicature at Bombay, Nagpur Bench, challenging the declaration of...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Non-Resident Company — Lack of Reasonable Belief of Income Escaping Assessment. Reassessment Based on Mere Change of Opinion is Impermissible; Notice and Order Rejecting Objections Set Aside.

The petitioner, Indivest Pte Ltd, a company incorporated in Singapore and wholly owned by the Government of Singapore, filed a writ petition challengi...

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Madras High Court Appoints Sole Arbitrator and Grants Interim Relief in Financial Dispute Over Hypothecated Assets. Court allows appointment of Receiver under Section 9 of Arbitration and Conciliation Act, 1996 to preserve assets pending arbitration.

The petitioner, Vivriti Capital Limited, filed Arb.O.P.No.720 of 2025 under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996, seeking ap...

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Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

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Bombay High Court Examines Challenge to Advance Ruling on India-UAE DTAA and Revocable Trust Taxation. Writ Petitions Concern Taxability of Income from Indian Investments by UAE-Owned Trust Under Sections 61 and 63 of Income-tax Act, 1961 and Article 24 of India-UAE Tax Treaty.

The matter before the Bombay High Court consisted of two writ petitions filed by Abu Dhabi Investment Authority (ADIA) and Equity Trust (Jersey) Limit...

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Bombay High Court Allows Appeal in Income Tax Derivative Loss Set-off Case. Loss from derivatives trading on recognized stock exchange held not speculative under Section 43(5)(d) of Income Tax Act, 1961, and can be set off against other business income under Section 70.

The appellant, Souvenir Developers (I) Pvt. Ltd., is a domestic company deriving income from toll collection business and also trading in shares and d...

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Bombay High Court Quashes Reopening of Assessment for UK Insurance Company in Income Tax Case — Lack of Fresh Material and Change of Opinion. Reopening under Section 147 of Income Tax Act, 1961 based on mere change of opinion without new tangible material is invalid.

The petitioner, The Prudential Assurance Company Ltd., a UK-incorporated insurance company registered as a sub-account of a Foreign Institutional Inve...