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Supreme Court Allows Refund of Stamp Duty Paid on Un-Executed Conveyance Deed Due to Vendor Fraud. Limitation Period for Application Under Section 48 of Maharashtra Stamp Act, 1958 Runs from Date of Instrument, Not from Date of Cancellation Deed.

The appellant, a bona fide purchaser, agreed to buy property from Mohammed Hanif Ahmed Fitwala and prepared a conveyance deed. On 7 May 2014, the deed...

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Bombay High Court Allows Writ Petition Challenging Stamp Duty Reassessment Order for Lack of Proper Notice and Violation of Natural Justice. Petitioner's Property Valuation Dispute Remanded for Fresh Adjudication After Finding That Show-Cause Notice Was Not Served and Opportunity of Hearing Was Denied.

The petitioner, Armstrong Machine Builders Private Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay Hig...

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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...

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Bombay High Court Allows Refund of Stamp Duty on Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act — Purpose of Instrument Failed. Development Agreement is an instrument covered under Section 47(c)(5) for refund when the purpose fails, and Section 48 is only a limitation provision.

The petitioner, M/s. Chandiwala Enterprises, a registered partnership firm, entered into a Development Agreement with Neel Ashiward CHS Ltd. on 2nd Se...

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Bombay High Court Quashes Stamp Duty Demand on Unexecuted Lease Agreement — No Liability Under Maharashtra Stamp Act, 1958. Adjudication under Section 31 cannot be basis for demand when document is not executed and no stamp duty is chargeable.

The petitioner, Crisil Limited, a company registered under the Companies Act, had been in occupation of office premises at Hiranandani Business Park, ...

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Supreme Court Allows Appeal in Recovery Suit — Holds That High Court Erred in Dismissing Suit on Grounds Not Raised in Pleadings and Without Considering Documentary Evidence. The Court restored the decree for recovery of Rs.96,41,765.31 with interest at 15% per annum from the date of suit till payment.

The appellant, M/s Star Paper Mills Limited, filed a suit for recovery of Rs.96,41,765.31 against the respondents, M/s Beharilal Madanlal Jaipuria Ltd...

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Karnataka High Court Dismisses Telecom Companies' Appeals, Upholding Tax Deduction at Source Under Section 194H on Discounts to Distributors. Relationship Between Telecom Companies and Distributors Held to Be Principal-Agent, Making Discounts Liable as Commission for Tax Deduction Purposes.

Multiple telecom companies, including Bharti Airtel Limited, Vodafone Essar South Limited, and Tata Teleservices Limited, filed appeals under Section ...

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High Court of Karnataka Dismisses Telecom Companies' Appeals on Section 194H TDS Liability Against Distributors. Discounts to Channel Partners Held as Commission, Mandating Tax Deduction Under Agency Relationship.

The High Court of Karnataka heard a batch of appeals by telecom companies challenging Income Tax Appellate Tribunal orders confirming their liability ...

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High Court of Karnataka at Bangalore Hears Appeals by Telecom Companies Against Income Tax Department on TDS Liability. Multiple Appeals Filed Under Section 260-A of Income Tax Act, 1961 Challenging ITAT Orders for Assessment Years 2005-06 to 2008-09.

The High Court of Karnataka at Bangalore heard a batch of Income Tax Appeals filed by telecom companies under Section 260-A of the Income Tax Act, 196...