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Search Results for "assessee company"

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High Court

Bombay High Court Allows Writ Petition Challenging Customs Assessment Order Based on Ultra Vires Standing Order. Standing Order No.36/2008 held ultra vires Section 14 of Customs Act, 1962, and assessment order set aside for breach of natural justice.

8 Apr 2010

The petitioner, Life Style International Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ...

High Court

Bombay High Court Allows Writ Petition Challenging Penalty Under Section 271B for Delay in Filing Tax Audit Report — Holds That Prior to 1995 Amendment, Only Obtaining Audit Report by Specified Date Was Mandatory, Not Filing It. The court interpreted Section 44AB strictly and held that penalty under Section 271B cannot be imposed for failure to furnish the audit report before the amendment by Finance Act, 1995.

29 Jun 2010

The petitioner, a partnership firm registered under the Indian Partnership Act, 1932, challenged orders of the Commissioner of Income Tax, Kolhapur da...

High Court

Bombay High Court Allows Petition of Country Liquor Manufacturer Against Inclusion of State Excise Duty in Sale Price for Sales Tax. State Excise Duty paid directly by purchaser is not part of sale price under Section 2(28) of Bombay Sales Tax Act, 1959.

3 Sep 2010

The petitioners, Rajarambapu Patil Sahakari Sakhar Karkhana Limited (a cooperative society) and its office bearer, are manufacturers of country liquor...

High Court

High Court of Bombay at Goa Allows Writ Petition on Interest on Refund Under Goa VAT Act — Interest Payable from Date of Assessment Order Determining Refund. Section 33(2) of the Goa Value Added Tax Act, 2005 mandates interest from the date the amount became refundable, which is the date of the assessment order, not the date of actual refund.

16 Oct 2019

The petitioner, United Spirits Ltd. (formerly McDowell and Co. Ltd.), a registered dealer under the Goa Value Added Tax Act, 2005, filed returns for t...

High Court

Bombay High Court Dismisses Writ Petition Challenging Revisional Order in Sales Tax Exemption Dispute. Revisional Authority Under Section 57 of Bombay Sales Tax Act, 1959 Has Power to Set Aside Refund Orders Granted Under Section 62 When Exemption Notification Does Not Apply.

6 Jun 2006

The petitioner, M/s. Shiv Shyam Sales Enterprises, a partnership firm dealing in gas hot plates as importer and retailer, filed a writ petition under ...

High Court

Bombay High Court Allows Writ Petition Challenging Revisional Order Under Section 57 of Bombay Sales Tax Act — Refund of Tax on Gas Hot Plates Upheld as Exempted Goods Under Entry 164[1][v]. The court held that the Assistant Commissioner erred in revising the refund order without properly considering the exemption notification, and the petitioner was entitled to refund of tax paid on exempted goods.

6 Jun 2006

The petitioner, M/s. Shiv Shyam Sales Enterprises, a partnership firm dealing in gas hot plates as importer and retailer, filed a writ petition under ...

High Court

Bombay High Court Quashes Customs Demand Notices for Violation of Natural Justice — Assessment Finalized Without Personal Hearing or Reasons. The court held that under Section 17 of the Customs Act, 1962, the assessing officer must provide a personal hearing and furnish reasons before modifying self-assessed Bills of Entry.

21 Jan 2014

The petitioners, Zuari Agro Chemicals Limited and its employee, filed a writ petition under Article 226 of the Constitution of India challenging deman...

High Court

Bombay High Court Upholds Tribunal's Decision That Airtime Charges and License Fees Are Not Part of Sale Price Under Bombay Sales Tax Act. The court held that separate charges for services in a contract for sale of activated pagers are not includible in sale price under Section 2(29) of the Bombay Sales Tax Act, 1959.

24 Sep 2014

The case involves a reference under the Bombay Sales Tax Act, 1959, arising from a decision of the Sales Tax Tribunal, Maharashtra. The respondent, M/...

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 Dismisses Petition by Education Society Challenging Quashing of Teacher's Termination. Termination Based on Alleged Caste Fraud Set Aside as Employee's Caste Certificate Was Valid and No Misrepresentation Proven.

2 Apr 2016

The petitioners, Pratibha Niketan Education Society and Pratibha Niketan High School, Nanded, challenged the judgment and order dated 21/08/2015 of th...

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