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Bombay High Court Dismisses State Appeals in Land Acquisition Compensation Cases — Upholds Reference Court's Award Based on Sale Deed of Comparable Land. Market Value Determined at Rs. 1,00,000 per Hectare for Irrigated Land Under Land Acquisition Act, 1894.

The State of Maharashtra, through the Collector and other officers, filed six first appeals (FA Nos. 3714/2016 to 3719/2016) challenging the common ju...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax TDS Case — Wheeling and Transmission Charges Not Rent Under Section 194I. Payments for Use of Transmission Lines Held Not Rent as No Transfer of Possession or Right to Use Occurs.

The case involves an appeal by the Commissioner of Income Tax (TDS) against the order of the Income Tax Appellate Tribunal (ITAT) which held that whee...

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Bombay High Court Allows Revenue's Appeal in Rental Income Classification Case. Rental income from leasing unsold units of a commercial complex constructed by a real estate developer is assessable as business income, not income from house property.

The case involves multiple appeals filed by the Commissioner of Income Tax against the common order of the Income Tax Appellate Tribunal (ITAT) which ...

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Bombay High Court Allows Petition Challenging Reassessment Notice Under Section 148 of Income Tax Act — Reassessment Based on Mere Change of Opinion Invalid as Full Disclosure Was Made During Original Assessment.

The petitioner, Plus Paper Food Pac Ltd., filed a writ petition challenging a notice dated 18.11.2013 issued under Section 148 of the Income Tax Act, ...

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Bombay High Court Allows Depreciation on Original Cost in Amalgamation Case Under Rule 10 of Income Tax Rules. Notional Depreciation to Non-Resident Parent Does Not Reduce Written Down Value for Successor Company.

The case involves an Income Tax Reference under section 256(1) of the Income Tax Act, 1961, arising from the assessment years 1976-77, 1977-78, and 19...

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Bombay High Court Allows State Appeal Against Discharge Under MCOC Act — Prima Facie Material Found Sufficient for Trial. The Court held that the Special Judge erred in allowing transfer under Section 11 MCOC Act without considering the prima facie material indicating organized crime.

The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCO...

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Bombay High Court Dismisses Writ Petition Challenging Termination Due to Abolition of Post in Government Company. Abolition of Post is a Management Decision Not Requiring Natural Justice, and Government Company Not 'State' Under Article 12 for Service Disputes.

The petitioner, Shri R.D. Avhad, was employed by the Maharashtra State Farming Corporation Ltd., a government company under the Companies Act, 1956, w...