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Bombay High Court Quashes Circulars Including Dealer's PDI and Free After-Sales Service Costs in Assessable Value of Vehicles — Circulars Held Ultra Vires Section 4 of Central Excise Act, 1944.

The petitioner, M/s. Tata Motors Ltd., a manufacturer of vehicles, challenged clause 7 of Circular No. 643/34/2002CX dated 1st July, 2002 and Circular...

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Bombay High Court Allows Section 9 Petition in Development Dispute — Directs Deposit of Rs.12.5 Crores and Appointment of Court Receiver. Clause 6 of MOU for Refund on Default Forms Basis for Interim Relief Under Arbitration and Conciliation Act, 1996.

The petitioners, four individuals, entered into a Memorandum of Understanding (MOU) with the respondent, a developer, on 29 July 2011 for development ...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Property Dispute — Suit Barred by Limitation Under Order 7 Rule 11(d) CPC. Clause 10 of Agreement for Sale Dated 31-03-1957 Was a Right of Re-Conveyance, Not a Contract for Sale, and Cause of Action Arose in 1988.

The appellant, Kishorbhai Premchand Shah, filed a civil suit in the City Civil Court, Mumbai, seeking a declaration of ownership and permanent injunct...

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NCLAT Dismisses Appeal Against Assignment of Debt by Government Authority in CIRP. Assignment of operational debt by a government authority to a private entity is valid under the IBC, and the assignee becomes an operational creditor with voting rights in the CoC.

The appeal was filed by Ellison Oil Field Services Pvt. Ltd. against an order of the NCLT, Mumbai Bench 1 dated 21.08.2024, which dismissed an applica...

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Bombay High Court Allows Writ Petition Challenging CBDT Circular Denying Adjustment of TDS Against Tax Payable Under Voluntary Disclosure Scheme. Circular No. 755 dated 25-07-1997 Held Ultra Vires as It Imposed Restriction Not Found in Finance Act, 1997 or Income Tax Act, 1961.

The petitioner, Earnest Business Services Pvt. Ltd., a company incorporated under the Companies Act, 1956, and its director, filed a writ petition und...