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Bombay High Court Allows Appeal in MVAT Case — Works Contract Valuation Must Exclude Land Value Under Rule 58. Land value deduction under Rule 58 of MVAT Rules is mandatory for works contracts involving transfer of immovable property, and the Tribunal erred in restricting deduction to 20%.

The Appellant, Oasis Realty, an association of persons registered under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and Central Sales Tax Act...

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Bombay High Court Allows Writ Petition Against Unlawful Adjustment of Income Tax Refund Without Prior Intimation Under Section 245 of the Income Tax Act, 1961. The court held that adjustment of refund without prior intimation is illegal and directed refund with interest.

The petitioner, Bharat Petroleum Corporation Limited, a public sector undertaking, filed a writ petition under Article 226 of the Constitution before ...

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Bombay High Court Dismisses Petition Challenging Government Resolution Prescribing Fees for Permission to Mortgage Occupancy Class II Lands. Condition Imposing Payment of Fees Held Valid Under Section 43 of Maharashtra Land Revenue Code, 1966 and Not Violative of Article 14 of Constitution of India.

The petitioner, BILT Graphic Paper Products Limited, a company incorporated under the Companies Act, 1956, engaged in paper manufacturing, challenged ...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Bombay High Court Dismisses Challenge to NMMC's Property Tax Levy on MIDC Industrial Area. TTC Area Held to Be Within Municipal Limits Under 1991 Notification; No Direction to Constitute Industrial Township.

The petitioners, including Small Scale Entrepreneurs Association and Mahape Industries Welfare Association, filed a writ petition under Article 226 of...

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Bombay High Court Allows Revenue Appeal in Part on Mutuality Principle for Effluent Treatment Association. Interest on Bank Deposits Held Taxable as Income from Investments, Not Covered by Mutuality.

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 against a decision of the Income Tax Appellate Tribunal for ...

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Bombay High Court Quashes Reopening Notice in Income Tax Case Due to Lack of Fresh Material — Interest on Refund Net of Interest Paid Under Section 220 Was Fully Disclosed During Original Assessment

The petitioner, Arthur Anderson & Co., filed a writ petition under Article 226 of the Constitution challenging a notice dated 4 February 2009 issued b...