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High Court Considers Maintainability and Exemption Issue in Writ Petition Against Tax Demand on Alleged Non-Export Sale. Interprets Section 5(3) of CST Act Regarding Penultimate Sale Deemed Export.

The petitioner, a manufacturer of submarine navy batteries, challenged orders demanding sales tax under the Bombay Sales Tax Act, 1959 on the ground t...

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Bombay High Court Allows Appeal in Central Excise Case Due to Limitation Bar. Demand for Excise Duty on Gates and Hoists Supplied to Irrigation Department Held Time-Barred Under Section 11A of Central Excise Act, 1944.

The appellant, Water Resources Development (formerly Irrigation Department), was engaged in manufacturing mechanical gates, parts, and hoists for dams...

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Bombay High Court Allows Revenue's Appeal in FII Capital Gains Tax Case — Remands to ITAT for Fresh Consideration of Article 24 DTAA Compliance. Interpretation of Article 24 of India-Singapore DTAA requires examination of whether capital gains were subject to tax in Singapore on receipt basis.

The case involves an appeal by the Commissioner of Income Tax (IT) - 2 against an order of the Income Tax Appellate Tribunal (ITAT) dated 24 March 201...

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Bombay High Court Allows Assessee's Appeals on Cenvat Credit for Inputs Used in Exempted Goods, Partially Allows Revenue's Appeals on Education Cess. Tractors are exempted goods despite education cess, but separate accounts are required under Rule 6 of Cenvat Credit Rules, 2004.

The judgment concerns multiple appeals filed by M/s. Mahindra & Mahindra Ltd. (Assessee) and the Commissioner of Central Excise (Revenue) against a co...

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Supreme Court Sets Aside Monetary Demand for Breach of Exemption Conditions Under Urban Land Ceiling Act. The Court Held That the Act Does Not Empower Authorities to Levy Demand as Arrears of Land Revenue; Only Withdrawal of Exemption or Declaration of Land as Excess Is Permissible.

The appellant, Shridhar C. Shetty (deceased through legal representatives), was granted exemption under Sections 20 and 21 of the Urban Land (Ceiling ...

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Bombay High Court Allows Revision Application of Sub-Tenant in Rent Control Matter. Sub-tenant with paid-up capital less than Rs 1 crore held entitled to protection under Maharashtra Rent Control Act, 1999 despite tenant's exclusion under Section 3(1)(b).

The case involves a dispute over the applicability of the Maharashtra Rent Control Act, 1999 to a sub-tenant. The applicant, Frick India Ltd, claimed ...

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Bombay High Court Dismisses Restaurant's Challenge to Closing Hours Under Bombay Shops and Establishments Act, 1948. Petitioner's Request for Exemption from Section 19(1) Timings Rejected as State Government Lacks Power to Grant Individual Exemptions Beyond Schedule II.

The petitioner, Sardar Refreshments, a restaurant, filed a writ petition challenging the refusal of the State of Maharashtra to grant it an exemption ...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...