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Bombay High Court Allows Writ Petition Challenging Royalty Demand on Excavated Earth from Metro Project. Excavated earth from underground metro construction not 'minor mineral' under Notification dated 3 February 2000; no royalty payable.

The petitioner, Tata Projects Limited, a member of a consortium executing the Mumbai Metro Underground Project, filed a writ petition under Article 22...

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Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...

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Madras High Court Allows Assessee's Appeal in TDS Dispute on Internet Charges Paid to Non-Resident — Payments for Telecom Connectivity Not Royalty or Fees for Technical Services. Section 40(a)(i) Disallowance Set Aside as Payments Were Not Chargeable to Tax Under the Income Tax Act, 1961.

The appellant, M/s. Cognizant Technology Solutions India Private Limited, is engaged in the development and export of computer software. For the asses...

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Supreme Court Upholds State's Demand for 10% Bid Amount as DMF Contribution in Minor Mineral Mining Cases. Section 15 of MMDR Act Empowers State to Fix Contribution for Minor Minerals, Not Section 9B.

The Supreme Court dismissed appeals challenging demand notices requiring successful bidders for minor mineral mining to deposit 10% of the total bid a...

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Supreme Court Quashes High Court's Interim Order Modifying Copyright Rules in Statutory License Dispute - Interim Order That Altered Prior Notice Requirement Under Rule 29(4) of Copyright Rules 2013 Set Aside as Impermissible Judicial Rewriting of Statutory Provisions.

The appeals arose from an interim order dated 2 August 2021 by a Division Bench of the High Court of Judicature at Madras in writ petitions challengin...

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Supreme Court Restores State's Right to Levy Royalty on Minor Minerals. The state of Punjab is entitled to levy royalty on brick earth excavation, irrespective of ownership disputes.

The Supreme Court clarified the State Government's authority to levy royalty on the excavation of minor minerals under the Mines and Mineral (Regulati...

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Bombay High Court Dismisses Petition Challenging Rejection of TDS Refund Under Section 264 of Income Tax Act, 1961. Assessee Failed to Establish That Payments to Foreign Collaborator Were Not Royalty Under Section 9(1)(vi) Read with DTAA.

The petitioners, M/s BASF (India) Limited and Mr. P.A. Ramasamy, filed a writ petition challenging the order dated 28th February 2001 passed by the Co...