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Search Results for "Maharashtra Sales Tax Tribunal"

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High Court

High Court of Bombay Dismisses Revenue's Appeal in Bogus Purchase Case — GP Rate Restricted to 15% on Alleged Bogus Purchases. The court held that when purchases are accepted as genuine but from bogus parties, only the profit element embedded in such purchases can be taxed, not the entire purchase amount.

13 Oct 2025

The case pertains to an appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate ...

High Court

Bombay High Court Allows Assessee's Appeals in Transfer Pricing Adjustment Case Due to Department's Acceptance of Same Methodology in Earlier Years and Tribunal's Failure to Follow Co-ordinate Bench Precedent. The court set aside the ITAT order and remanded for fresh consideration, emphasizing the rule of consistency and binding nature of co-ordinate bench decisions under Section 260A of the Income Tax Act, 1961.

28 Jul 2023

The appellant, Cummins India Limited, filed three appeals under Section 260A of the Income Tax Act, 1961, against the order dated 28th September 2022 ...

High Court

Bombay High Court Allows Writ Petition Challenging Appointment of Chief Officer in Municipal Corporation — Appointment Set Aside for Violation of Statutory Rules and Lack of Consultation with Director of Municipal Administration. The court held that the requirement of consultation with the Director of Municipal Administration under Section 54 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and Rule 4 of the Maharashtra Municipal Councils (Chief Officers) Recruitment Rules, 1975 is mandatory and failure to consult renders the appointment void.

3 May 2023

The petitioner, Shri Pradip Bapurao Jambhale-Patil, filed a writ petition challenging the appointment of Respondent No.1, Smt. Smita Gangaram Zagade, ...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Labour Commissioner's Order Under Section 33C(1) of Industrial Disputes Act, 1947 — Recovery Certificate for Backwages Upheld Despite Bank's Claim of Limitation and Set-Off

4 Jul 2018

The petitioner, The Goa Urban Co-operative Bank Ltd., challenged an order dated 24/03/2017 passed by the Labour Commissioner under Section 33C(1) of t...

High Court

Bombay High Court Allows Appeal in MVAT Case — Repairs/Reconstruction Contracts Covered Under 'Construction Contracts' for Tax Rate Purposes. The Court held that the term 'construction contracts' in Section 42(3) of the MVAT Act read with Notification dated 30 November 2006 includes repairs/reconstruction of buildings, and the rate of tax is 5%.

25 Jul 2017

The appellant, Painterior (India), a registered partnership firm under the Maharashtra Value Added Tax Act, 2002 (MVAT Act), is engaged in the busines...

High Court

Bombay High Court Upholds Classification of Hard-Anodised Utensils Under Residual Entry in Sales Tax Reference. Hard-Anodised Utensils Held Not Classifiable as Aluminium Utensils Under Entry C-II-17 of Schedule E of Bombay Sales Tax Act, 1959, But Under Residual Entry C-II-46A.

22 Nov 2016

The case involves two Sales Tax References under Section 61 of the Bombay Sales Tax Act, 1959, at the instance of Meera Metal Industries (the applican...

High Court

Bombay High Court Upholds Tribunal's Decision That Customs Duty Not Part of 'Purchase Price' Under Bombay Sales Tax Act. The term 'Purchase Price' in Rule 41D does not include customs duty, and set-off under Section 75 is only for intra-State purchases.

23 Aug 2016

The case involves a Sales Tax Reference under Section 61 of the Bombay Sales Tax Act, 1959 (BST Act) by the First Bench of the Maharashtra Sales Tax T...

High Court

Bombay High Court Dismisses Commissioner's Appeal in VAT Classification Dispute — Nutritional Supplements Classified as Food Preparations at 5% Tax. The Court upheld the Tribunal's classification under Schedule Entry C-107(11)(g) of the MVAT Act, 2002, rejecting the Commissioner's attempt to reclassify the products as medicaments.

6 May 2016

The case involves two appeals filed by the Commissioner of Sales Tax, Maharashtra State, under Section 27 of the Maharashtra Value Added Tax Act, 2002...

High Court

Bombay High Court Sanctions Scheme of Arrangement Involving Gift of Shares and Reduction of Securities Premium Account. The court held that a scheme involving a gift of shares held by a company in another company to its shareholders and a reduction of the securities premium account by the book value of the investment is an arrangement under Section 391(1) of the Companies Act, 1956, and the reduction of the securities premium account does not require compliance with the procedure for reduction of share capital under Sections 100-104 of the Companies Act, 1956 or Section 52 of the Companies Act, 2013.

15 Sep 2015

The petitioner, Indian Seamless Enterprises Limited, filed a petition under Sections 391 to 394 of the Companies Act, 1956 seeking sanction of a schem...

High Court

Bombay High Court Dismisses Revenue's Appeal in Sales Tax Case on Handling Charges. Handling charges for registration of motor cycles are not part of sale price under Section 2(25) of MVAT Act, 2002.

11 Jul 2011

The Revenue appealed against an order of the Maharashtra Sales Tax Tribunal which set aside tax on handling charges collected by the respondent, a dea...

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