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WRIT PETITION NO.4761 OF 2024

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Bombay High Court Dismisses Second Appeal in Real Estate Dispute — Upholds Concurrent Findings on Agreement to Sell and Possession. Appellant failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mohammed Zain Khan, filed a Second Appeal before the Bombay High Court challenging the concurrent judgments of the trial court and the ...

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Bombay High Court Allows Refund of Stamp Duty in Agreement Cancellation Case Due to Developer's Failure. Section 48(1) of Maharashtra Stamp Act does not bar refund when cancellation is for valid reasons and application is made within reasonable time.

The petitioners, Harshit Harish Jain and another, entered into an Agreement for Sale dated 30 August 2014 with M/s Krona Realties Private Limited for ...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Fresh Material. Reopening Under Section 148 of Income Tax Act, 1961 Based on Mere Change of Opinion on Provision for Unascertained Liabilities is Invalid.

The petitioner, Bajaj Auto Limited, filed its return of income for Assessment Year 2016-17 on 29 November 2016, declaring total income of Rs. 4,860,25...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case — No Failure to Disclose Material Facts. Reopening Beyond Four Years Invalid Under Section 147/148 of Income Tax Act, 1961 as Original Assessment Under Section 143(3) Was Full and True Disclosure.

The petitioner, Bajaj Auto Limited, filed its return of income for Assessment Year 2016-17 on 29 November 2016 declaring total income of Rs. 4,860,25,...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Reason to Believe. Section 148 Notice Set Aside as Reopening Based on Mere Change of Opinion Without Fresh Tangible Material.

The petitioner, Asian Paints Ltd., a public limited company engaged in manufacturing and selling paints, challenged a notice dated 31st March 2021 iss...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Reasonable Belief of Income Escapement. Notice under Section 148 of Income Tax Act, 1961 set aside as reasons recorded were based on mere change of opinion and not on fresh material.

The petitioner, Asian Paints Ltd., a public limited company engaged in manufacturing and selling paints, challenged a notice dated 31st March 2021 iss...

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Supreme Court Dismisses Appeal of Manufacturer in Central Excise Duty Dispute on Captive Consumption of Yarn. Court Holds That Bank Guarantees Furnished Under Interim Order Can Be Enforced Without Section 11A Notice.

The appellant, M/s. The Bombay Dyeing & Mfg. Co. Ltd., was engaged in the manufacture of cotton and manmade fabrics. It claimed that the fabric manufa...

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Supreme Court Dismisses Appeal in Capital Gains Tax Case — Transfer of Property Not Completed Under Section 2(47)(v) of Income Tax Act, 1961. Agreement to Sell and Power of Attorney Did Not Confer Possession or Part Performance Under Section 53A of Transfer of Property Act, 1882.

The appellant-assessee, M/s Seshasayee Steels P. Ltd., entered into an agreement to sell on 15.05.1998 with Vijay Santhi Builders Ltd. for sale of lan...

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Supreme Court Quashes Review Award in Land Acquisition Case — Review of Award Not Permitted Under Land Acquisition Act, 1894. Section 13A Only Allows Correction of Clerical or Arithmetical Mistakes Within Six Months, Not Substantive Review.

The case pertains to land acquisition proceedings under the Land Acquisition Act, 1894. The appellants' land was acquired by a notification dated 23.0...