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Bombay High Court Allows Appeal in MVAT Case — Works Contract Valuation Must Exclude Land Value Under Rule 58. Land value deduction under Rule 58 of MVAT Rules is mandatory for works contracts involving transfer of immovable property, and the Tribunal erred in restricting deduction to 20%.

The Appellant, Oasis Realty, an association of persons registered under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and Central Sales Tax Act...

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Supreme Court Dismisses Appeal by Seed Company, Upholds Consumer Status of Small Agriculturist in Buyback Dispute. Cultivation of Safed Musli for Livelihood Held Not Commercial Purpose Under Section 2(d) of Consumer Protection Act, 1986.

The case involves a dispute between M/s Nandan Biomatrix Ltd., a seed company, and S. Ambika Devi, a small landholder. In 2003, the appellant advertis...

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Supreme Court Allows Appeal in Arbitration Dispute Over CENVAT Credit Counter Claim — Arbitrator's Jurisdiction Limited to Disputes Arising from Contract Terms. Counter Claim for CENVAT Invoices Held Beyond Scope of Arbitration Agreement as No Demand Raised During Contract Period.

The dispute arose between Bharat Petroleum Corporation Limited (BPCL) and Go Airlines (India) Limited under an Aviation Fuel Supply Agreement dated 01...

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High Court Dismisses Petition Challenging Arbitral Award in Intermediary Fee Dispute. Court upholds award directing payment of success fee under mandate agreement for introduction of investor.

The petitioner, Airex Logistics Express Services P. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

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Bombay High Court Dismisses Market Committee's Petition Challenging Quashing of Market Fee Demand on Processed Chicken. Processing of Chicken Does Not Constitute 'Sale' of Agricultural Produce Under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.

The petitioners, Agricultural Produce Market Committee, Panvel, and its Chairman, filed a writ petition under Article 226 of the Constitution of India...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...