Search Results for "commercial necessity"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "commercial necessity"

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High Court

High Court of Bombay at Goa Allows Second Appeal in RERA Registration Dispute — Development Agreement Not Required to Be Registered Under Registration Act for Project Registration. The Court held that the Goa Real Estate Regulatory Authority exceeded its jurisdiction by insisting on compulsory registration of a development agreement under Section 17 of the Registration Act, 1908, as a precondition for processing a project registration application under Sections 3 and 4 of the Real Estate (Regulation and Development) Act, 2016.

18 Jul 2026

The appellant, Edcon Real Estate Developers, a registered partnership firm, filed a Second Appeal under Section 58 of the Real Estate (Regulation and ...

High Court

Bombay High Court Appoints Court Receiver as Administrator Pendente Lite in Testamentary Suit Due to Executor's Incarceration and Risk to Estate. The court held that under Section 247 of the Indian Succession Act, 1925, an administrator pendente lite can be appointed when the executor is unable to act, to preserve the estate pending determination of the suit.

3 Oct 2024

The dispute arises from the estate of Timothy D'Souza, who died on 7 April 2003. The plaintiff, Lalit D'Souza, propounded a Will dated 14 March 2003 a...

High Court

Bombay High Court Allows Conversion of Industrial Plot to Residential Zone in Town Planning Scheme — Arbitrary Zoning Violates Article 14. Petitioner's plot in I-2 zone surrounded by residential properties; court holds that zoning must be rational and non-arbitrary, and directs conversion on payment of premium under DCPR 2034.

9 Oct 2023

The petitioner, Rational Art & Press Private Limited, owned Final Plot No. 951(A) on Appasaheb Marathe Marg, Mumbai, which was zoned as industrial (I-...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Reopening of Assessment Under Section 147 of Income Tax Act, 1961 — Reopening Based on Tangible Material from Investigation Wing and Not a Mere Change of Opinion. Failure to Disclose Primary Facts During Original Assessment Justifies Reopening Within Four Years.

8 Sep 2023

The petitioner, Vaman Prestressing Co. Pvt. Ltd., filed two writ petitions challenging the reopening of its assessment for the Assessment Year 2006-07...

High Court

Bombay High Court Allows Appeal of Assessee in Income Tax Case — Write-off of Advances and Expenses Held Allowable as Business Loss Under Section 28 of Income Tax Act, 1961. The court held that amounts advanced to a business associate in the course of business dealings and written off as irrecoverable are deductible as business loss.

9 Jun 2023

The appellant, Mahindra and Mahindra Ltd., a public limited company engaged in manufacturing and trading, filed an appeal under Section 206A of the In...

Supreme Court

Supreme Court Allows Appeal by MP Power Management Company, Upholds Termination of Power Purchase Agreement for Non-Compliance of Conditions Subsequent. The Court held that the High Court erred in interfering with a non-statutory contract and that the termination was justified as the seller failed to fulfill conditions within the extended period.

1 Jan 2022

The appellant, M.P. Power Management Company Limited, a wholly owned government company responsible for bulk purchase of electricity in Madhya Pradesh...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case Over Bank Guarantee Validity - High Court's Direction to Substitute Bank Guarantee Set Aside as Appellant Complied with Original Order for Scheduled Bank Located in India Under Arbitration and Conciliation Act, 1996.

24 Aug 2021

The Supreme Court of India heard civil appeals arising from special leave petitions filed by SEPCO Electric Power Construction Corporation against Pow...

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

High Court of Karnataka Dismisses Appeal in Income Tax Reassessment Case — No Substantial Question of Law Arises. Reassessment notice under Section 148 of Income Tax Act, 1961 upheld as validly issued within four years from end of assessment year.

31 Jul 2019

The appellant, M/s. Kanhaiyalal Dudheria, a partnership firm, filed appeals under Section 260A of the Income Tax Act, 1961, against the orders of the ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — State-Owned Corporation Not Liable to Deduct Tax at Source on Excise Duty Paid to Government. Excise duty paid by a state-owned corporation to the State Government does not constitute 'income' or 'commission' under the Income Tax Act, 1961, and no TDS is required under Section 194H.

3 Mar 2017

The case involves appeals filed by the Commissioner of Income Tax and Deputy Commissioner of Income Tax against an order of the learned Single Judge i...

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