Search Results for "Bombay Sales Tax Act, 1959"

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High Court

Bombay High Court Answers Reference on Tribunal's Power to Interfere with Part Payment Condition in Sales Tax Appeals. The Court held that the Tribunal, in a second appeal against summary rejection of first appeal for non-payment of part payment, cannot interfere with the amount fixed by the first appellate authority under Section 55(2) of the Bombay Sales Tax Act, 1959.

11 Sep 2025

The Commissioner of Sales Tax, Maharashtra State, Mumbai, filed a reference under Section 61 of the Bombay Sales Tax Act, 1959, against M/s Superphone...

High Court

High Court of Karnataka Quashes Show-Cause Notice Under Section 74 of CGST Act for Lack of Jurisdiction — DGGI Officer Not Authorized as Proper Officer. The court held that only officers specifically authorized by the Commissioner can issue notices under Section 74 of the Central Goods and Services Tax Act, 2017, and the DGGI officer lacked such authorization.

16 Jul 2025

The petitioner, M/s NCS Pearson Inc., a Minnesota-based corporation, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

High Court

Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void.

28 Jul 2021

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, fi...

High Court

Bombay High Court Allows Appeal in MVAT Classification Dispute — Multi Function Printers Held Classifiable as Automatic Data Processing Machines Under Entry 84.71. The Court ruled that multi function printers with copying, printing, scanning, and faxing capabilities are classifiable as automatic data processing machines or units thereof under Entry 84.71 of the VAT Notification, not as laser jet printers or under residual entry.

20 Dec 2018

The appellant, Ricoh India Limited, a company registered under the Companies Act, 1956, filed an appeal under the Maharashtra Value Added Tax Act, 200...

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 Glass Curtain Wall Contracts Are Not Building Construction Contracts for Tax Purposes. Contracts for construction of glass curtain walls are not incidental or ancillary to building construction and thus not eligible for concessional tax rate under Notification dated 8 March 2000 issued under Section 6A(1) of the Maharashtra Sales Tax on the Transfer of Property in Goods involved in the Execution of Works Contracts (Re-enacted) Act, 1989.

6 May 2016

The Applicant, M/s. Permasteelisa (India) Pvt. Ltd., a registered dealer under the Bombay Sales Tax Act and the Maharashtra Sales Tax on the Transfer ...

High Court

Bombay High Court Dismisses Sales Tax Reference by Dealer in Setoff Disallowance Case. Rule 41D of Bombay Sales Tax Rules, 1959 restricts setoff to raw materials and consumable stores, not capital assets like scientific equipment used for research and development.

10 Feb 2015

The case is a sales tax reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from an order of the Maharashtra Sales Tax Tribunal date...

High Court

Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor.

17 Nov 2011

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales ...

High Court

Bombay High Court Dismisses State's Petition Challenging Quashing of Chargesheet Against Deputy Commissioner of Sales Tax for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction under Section 197(1) CrPC are invalid as the officer was not removable from service except by the State Government.

23 Aug 2006

The State of Maharashtra and other petitioners challenged the judgment of the Maharashtra Administrative Tribunal dated 18th June 1999 in Original App...

Supreme Court

Supreme Court Dismisses Assessee's Appeal Against Inclusion of Interest Credits as Taxable Income Under Section 4(1)(a) of Income-tax Act, 1922. Mercantile System Credit Entries for Interest from Own Shop in Native State Treated as Income Received in British India.

3 Oct 1958

The assessee, ordinarily resident in British India, carried on business at Khurja and Aligarh in India and at Chistian in the Indian State of Bahawalp...

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