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Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...

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Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

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High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...

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Bombay High Court Dismisses Owner's Application to Vacate Arrest of Vessel in Bunker Supply Dispute. Maritime Lien for Bunkers Supplied to Bareboat Charterer Attaches to Vessel Irrespective of Ownership.

The plaintiff, Peninsula Petroleum Ltd., an Irish company, filed an admiralty suit claiming unpaid price for bunkers supplied to the vessel m.v. Geowa...

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Bombay High Court Allows Habeas Corpus Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Inordinate Delay. The court held that the detaining authority failed to apply its mind and the delay of over two years in executing the order vitiated the detention.

The petitioner, Naresh Dua, brother of the detenu Rajesh Dua, filed a habeas corpus petition under Article 226 of the Constitution of India challengin...

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Bombay High Court Allows Petition Against Port Trust for Refusing Remission of Demurrage Charges. Port Trust's Own Guidelines for Remission When Detention by Customs for Bonafide Operations Must Be Followed.

The petitioner, M/s. Rasiklal Kantilal & Co., a partnership firm engaged in import of goods including zinc ingots and copper wire bars, filed a writ p...