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Bombay High Court Allows Assessee's Appeals on Cenvat Credit for Inputs Used in Exempted Goods, Partially Allows Revenue's Appeals on Education Cess. Tractors are exempted goods despite education cess, but separate accounts are required under Rule 6 of Cenvat Credit Rules, 2004.

The judgment concerns multiple appeals filed by M/s. Mahindra & Mahindra Ltd. (Assessee) and the Commissioner of Central Excise (Revenue) against a co...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Quashes Circulars Including Dealer's PDI and Free After-Sales Service Costs in Assessable Value of Vehicles — Circulars Held Ultra Vires Section 4 of Central Excise Act, 1944.

The petitioner, M/s. Tata Motors Ltd., a manufacturer of vehicles, challenged clause 7 of Circular No. 643/34/2002CX dated 1st July, 2002 and Circular...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Rejection of Reference for Compensation for Mining Lease Rights in Land Acquisition. Mining Lessee Not Entitled to Separate Compensation for Loss of Mining Rights Under Land Acquisition Act, 1894.

The petitioner, Pravinkumar Gosalia, was a mining lessee of certain lands in Quitol Village, Quepem Taluka, Goa. His father had obtained a mining leas...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Mere Change of Opinion Invalid. Reassessment Based on Same Commencement Certificate Date Already Considered in Original Assessment Under Section 143(3) Cannot Be Sustained.

The petitioner, M/s. Mistry Lalji Narsi Development Corporation, a partnership firm engaged in development and construction, challenged a notice issue...

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Bombay High Court Dismisses Petition Challenging LIC's Reduction in Gratuity Fund Policy Surrender Value. LIC's decision to pay 92.5% of cash accumulation upheld as consistent with policy terms and not arbitrary.

The petitioners, trustees of the Godrej & Boyce Manufacturing Company Limited Employees’ Gratuity Trust Fund, had taken out a group gratuity policy ...

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Bombay High Court Dismisses Union's Challenge to Dearness Allowance Scheme Modification in Wage Reference. Court Upholds Industrial Tribunal's Decision to Remove Linkage Between Dearness Allowance and Basic Pay Under Section 9A of Industrial Disputes Act, 1947.

The Madura Coats Employees Union filed a writ petition under Article 226 of the Constitution challenging an award of the Industrial Tribunal which, in...