Search Results for "Maharashtra Sales Tax Tribunal"

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Search Results for "Maharashtra Sales Tax Tribunal"

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High Court

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%.

26 Jul 2023

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

High Court

Bombay High Court Quashes Ex-Parte Assessment Orders in MVAT and CST Case for Violation of Natural Justice — Assessment Orders Passed Without Considering Petitioner's Submissions and Without Granting Personal Hearing. The court held that the assessing officer must consider the assessee's response and grant a hearing before passing assessment orders, even if limitation is expiring.

30 Apr 2021

The petitioner, Greatship (India) Ltd., a company engaged in providing specialized services to oil and gas exploration and production entities, filed ...

Supreme Court

Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

23 Oct 2019

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

High Court

Bombay High Court Dismisses Revenue's Delay Condonation Applications in MVAT Appeals Due to Lack of Sufficient Cause. The court held that internal administrative delays and filing of Special Leave Petition do not constitute sufficient cause for condonation of delay under Section 27 of the Maharashtra Value Added Tax Act, 2002.

19 Jul 2016

The Revenue (Additional Commissioner of Sales Tax) filed three Notices of Motion seeking condonation of delay in preferring appeals under Section 27 o...

High Court

Bombay High Court Dismisses Revenue's Writ Petition Challenging Settlement Commission's Order Allowing Settlement Application. Settlement Commission's Finding of Full and True Disclosure of Income by Assessee in Case of Alleged Bogus Purchases Upheld Under Section 245D of Income Tax Act, 1961.

8 May 2015

The Commissioner of Income Tax, Mumbai, filed a writ petition under Article 226 of the Constitution of India challenging two orders passed by the Inco...

High Court

Bombay High Court Dismisses Revenue's Appeal in Sales Tax Classification Dispute. Non-prescription sunglasses/goggles are medical devices under Schedule Entry C-107(8) of MVAT Act, 2002, taxable at 4%, not residuary entry E-1 at 12.5%.

9 Aug 2012

The case involves a dispute over the classification of non-prescription sunglasses/goggles under the Maharashtra Value Added Tax Act, 2002. The respon...

High Court

Bombay High Court Dismisses Petition Seeking Enforcement of Arbitral Interim Order Under Section 27 of Arbitration Act. Section 27 of the Arbitration and Conciliation Act, 1996 is limited to court assistance in taking evidence and does not extend to implementation of arbitral directions; remedy lies under Section 17 or Section 9.

20 Jul 2012

The case involves a dispute between United Spirits Limited (Petitioner) and Delta Distilleries Limited (Respondent No.1) arising from a bottling agree...

High Court

Bombay High Court Allows Appeal Against Octroi Assessment on Gold Jewellery - Labour Charges Not Part of Value for Octroi Duty Under Thane Municipal Corporation (Octroi) Rules, 1999. The court held that octroi duty is leviable on the value of goods at entry, not on the sale price, and making charges are not subject to octroi.

12 Jul 2011

The appellant, Titan Industries Limited, manufactures and sells gold jewellery under the brand name 'Tanishq' and has a showroom in Thane. It imports ...

High Court

Bombay High Court Dismisses Commissioner's Appeal in Sales Tax Classification Dispute — Entry C74 'Plastic Footwear' Construed as Requiring Predominant Plastic Content, Not Exclusively Plastic. The product 'Escort 111 SYN Black', though not wholly made of plastic, was held to be covered by Entry C74 of the Maharashtra Value Added Tax Act, 2002, as it was predominantly made of plastic and moulded.

24 Jun 2011

The Commissioner of Sales Tax appealed against the decision of the Maharashtra Sales Tax Tribunal which had held that the product 'Escort 111 SYN Blac...

High Court

Bombay High Court Upholds Classification of Bouquet of Fresh Flowers Under Residuary Entry in Sales Tax Case. Activity of Preparing Bouquets Constitutes Manufacture Under Section 2(17) of Bombay Sales Tax Act, 1959.

15 Jul 2010

The applicant, M/s In Bloom, a florist and decorator, prepared bouquets from fresh natural flowers. To ascertain the tax liability, the applicant appl...

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