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Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

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Bombay High Court Allows MCGM Appeal in Property Tax Assessment Case — Land Under Construction Held Assessable as 'Land' Under Section 154 of Mumbai Municipal Corporation Act, 1888. The Small Causes Court erred in holding that land under construction cannot be assessed until building is complete.

The Bombay High Court allowed the appeal filed by the Municipal Corporation of Greater Mumbai (MCGM) against the judgment of the Small Causes Court at...

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"Supreme Court's Landmark Decision on Valuation Under Central Excise Act, 1944: Bharat Petroleum vs. Commissioner of Central Excise" "Defining Transaction Value in the Sale of Petroleum Products Between Public Sector Undertakings Under the Central Excise Act."

The judgment clarifies the determination of "transaction value" under Section 4(1) of the Central Excise Act for sales made between public sector oil ...

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Bombay High Court Dismisses Assessee's Appeal in Income Tax Case on Dividend Distribution Tax Rate. DDT under Section 115-O is a tax on the company, not on shareholders, and the India-UK DTAA does not provide a lower rate for DDT.

The Bombay High Court dismissed a batch of seven appeals filed by Foseco India Ltd. under Section 260A of the Income Tax Act, 1961, challenging a comm...

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Bombay High Court Hears Petition to Set Aside Arbitral Award Directing Indemnity for Depreciation Disallowance. Petitioners Argue that Clause 14 of Lease Agreement Does Not Cover Income Tax Depreciation Denial and Rely on Identical Clause Interpretation in Prior Judgment.

The dispute arose from a lease agreement executed in 1997 between Borosil Glass Works Limited (lessee/petitioner) and Tata Motors Limited (lessor/resp...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Upholds CAT Order in Railway Promotion Dispute — Criteria for Assessment of Candidates for PHOD Post Held Arbitrary. The Court directed review DPC for notional promotion from date juniors were promoted with consequential benefits.

The Union of India and another (petitioners) challenged the judgment and order dated 23rd January 2001 of the Central Administrative Tribunal (CAT) in...