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Supreme Court

Supreme Court Allows Dealer's Appeal in Motor Accident Claim — Dealer Not Liable as Owner Under Motor Vehicles Act, 1988. Dealership Agreement Cannot Shift Statutory Liability of Manufacturer for Third-Party Compensation.

20 Sep 2024

The Supreme Court allowed the appeal filed by Vaibhav Jain, the proprietor of M/s Vaibhav Motors, a dealer of Hindustan Motors Pvt. Ltd. The case aros...

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 ...

High Court

Karnataka High Court Allows Input Tax Credit Based on Annual Audited Accounts in KVAT Act Cases. The court held that Section 10(3) of the KVAT Act permits availment of input tax credit based on the annual audited statement in Form VAT 240, irrespective of the claim in returns under Section 35.

6 Dec 2019

The judgment involves multiple writ petitions filed by M/s MFAR Constructions Pvt. Ltd. and M/s Mangalore Force, challenging the interpretation of Sec...

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 Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

6 Aug 2018

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

High Court

Bombay High Court Quashes FIR Against Managing Director and President of Ford India and Car Dealer Directors in Alleged Fraud Case. Sale of Used Car Disguised as New Model Leads to Allegations of Cheating and Forgery, but Court Finds No Involvement of Manufacturer.

27 Jun 2018

The judgment of the Bombay High Court at Aurangabad dealt with three criminal applications filed under Section 482 of the Code of Criminal Procedure, ...

High Court

High Court of Karnataka Dismisses Petitions Challenging Amendment to Section 10(3) of KVAT Act, 2005 — Restriction on Input Tax Credit for Inter-State Purchases Upheld. The court held that the amendment is a valid legislative measure to prevent tax evasion and does not violate Article 14 of the Constitution.

29 Mar 2016

The case involves a batch of writ petitions filed by various companies, including Sonal Apparel Private Limited and Hindustan Coca Cola Beverages Priv...

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 Challenging Trade Circulars Restricting CST Exemption to Registered Dealers. State Government Cannot Grant Exemption for Inter-State Sales to Unregistered Dealers Under Section 8(5) of Central Sales Tax Act, 1956 After 2002 Amendment.

30 Aug 2012

The petitioners, Prism Cement Limited and its shareholder/director, filed a writ petition challenging three trade circulars issued by the Commissioner...

Supreme Court

Supreme Court Upholds Constitutional Validity of Gold (Control) Act, 1968 with Partial Striking Down. Court holds delegation of power to Administrator not excessive and applies severability doctrine to sever ultra vires provisions.

30 Apr 1969

The case arose from a constitutional challenge to the Gold (Control) Act, 1968, enacted to curb gold smuggling and control internal gold transactions ...

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