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Supreme Court Dismisses Income-Tax Officer's Appeal, Affirming That Notice Under Section 148 of Income-tax Act, 1961 Could Not Be Issued as Right to Reopen Under Section 34 of Income-tax Act, 1922 Was Barred. Section 297(2)(d)(ii) of 1961 Act Does Not Revive Time-Barred Reassessment Powers.

The case involved an income-tax reassessment dispute arising under the Income-tax Act, 1922 and the Income-tax Act, 1961. The respondent, an assessee,...

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Bombay High Court Allows Writ Petition Challenging Settlement Commission Order in Customs Duty Evasion Case — Violation of Principles of Natural Justice. Settlement Commission's Rejection of Settlement Application Without Considering Merits and Without Granting Personal Hearing Set Aside.

The petitioners, Dinesh Bhabootmal Salecha and others, filed a writ petition before the Bombay High Court challenging an order passed by the Settlemen...

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High Court of Bombay Dismisses Insolvency Petition Against Debtor for Non-Compliance with Notice of Motion Requirement Under Presidency Towns Insolvency Act, 1909 — Petition Filed Within Three Months of Act of Insolvency but Notice of Motion Not Disposed of Before Petition Filing.

The Petitioning Creditor, M/s Sanskar Gem Pvt. Ltd., filed an insolvency petition under the Presidency Towns Insolvency Act, 1909, seeking an order of...

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High Court Quashes Industrial Tribunal Award Reinstating Employee in Banking Company Case, Holding Voluntary Retirement Under Bipartite Settlement Valid. Employee's Inaction and Prolonged Absence After Sanctioned Leave Justified Deemed Voluntary Retirement Without Departmental Enquiry.

The dispute arose when an employee of State Bank of India, serving as a cashier cum clerk, availed leave and overstayed in Japan. Between April and Ju...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Hospital Management Agreement. Municipal Corporation's order terminating agreement for breach of conditions including unauthorized subletting and failure to provide free treatment upheld.

The petitioner, Global Hospital and Research Centre, a charitable trust registered under the Maharashtra Public Trust Act, 1950, entered into an agree...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Fresh Material. Reopening of Assessment Under Section 147 of Income Tax Act, 1961 Invalid When Based on Same Material Already Considered in Original Assessment.

The petitioner, Siemens Financial Services Pvt Ltd, a Non-Banking Finance Company registered with RBI, filed its return of income for Assessment Year ...

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Bombay High Court Quashes Reassessment Notices and Orders Under Section 153 of Income Tax Act, 1961 for Lack of Valid Sanction and Non-Application of Mind. Reassessment proceedings initiated without proper approval under Section 151(2) and based on borrowed satisfaction are invalid.

The petitioner, Ashok Commercial Enterprises, filed nine writ petitions challenging reassessment notices dated 19th July 2021 and 14th July 2021 issue...

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High Court of Bombay Dismisses Arbitration Application Due to Non-Existence of Arbitration Agreement — No Prima Facie Case for Reference to Arbitration Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, Unistar Metals Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking reference ...