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High Court

Bombay High Court Allows Writ Petition of Nigerian National in Customs Confiscation Case — Orders Release of Life-Saving Medicines and Miscellaneous Items. Detention of Passport for 75 Days Held Unauthorized; Confiscation of Medicines Set Aside as Goods Were Not Prohibited and Petitioner Had Valid Documents.

7 Oct 2010

The petitioner, Okwy Shedrack Akpuba, a Nigerian national and businessman dealing in medicines, filed a writ petition under Article 226 of the Constit...

High Court

Bombay High Court Dismisses Revenue's Appeal in Sales Tax Classification Dispute. Non-prescription sunglasses/goggles are medical devices under Schedule Entry C-107(8) of MVAT Act, 2002, taxable at 4%, not residuary entry E-1 at 12.5%.

9 Aug 2012

The case involves a dispute over the classification of non-prescription sunglasses/goggles under the Maharashtra Value Added Tax Act, 2002. The respon...

High Court

Bombay High Court Upholds Tribunal's Finding of No Transfer of Property in Ink and Lacquer in Job Work of Plate Making Under Works Contract Act. The court held that ink and lacquer consumed in the process do not constitute transfer of property in goods under Section 2(1) of the Maharashtra Sales Tax on Transfer of Property in Goods Involved in Execution of Works Contracts (Re-enacted) Act, 1989.

25 Oct 2012

The case concerns a reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Maharashtra Sta...

High Court

Bombay High Court Allows Writ Petition Challenging Retail Outlet Dealership Selection for Arbitrary Marking. Court directs reassessment of marks for 'Liquid cash' criterion and fresh selection process.

5 Nov 2012

The petitioner, Shri Pundalik Tukaram Chowgule, filed a writ petition before the Bombay High Court at Goa challenging the selection process for a Reta...

High Court

Bombay High Court Dismisses Commissioner's Reference in High Sea Sale Tax Exemption Case. Sales of Imported Steel Before Customs Clearance Held Exempt Under Section 5(2) Central Sales Tax Act, 1956.

1 Dec 2006

The Commissioner of Sales Tax, Maharashtra State, filed two reference applications under Section 61 of the Bombay Sales Tax Act, 1959 read with Sectio...

High Court

Bombay High Court Quashes Reassessment Notices Under Section 148 of Income Tax Act for Lack of Fresh Material. Reassessment Based on Mere Change of Opinion Without New Tangible Material is Invalid.

8 May 2014

The petitioner, Debashu Services Private Limited, a private limited company registered under the Companies Act, 1956, is a regular assessee under the ...

High Court

Bombay High Court Upholds Tribunal's Decision That Ice Cream Is Not 'Sweet and Sweetmeats' Under Bombay Sales Tax Act, 1959. Ice cream is a distinct commodity not covered by Notification Entry 374 for reduced tax rate under Schedule Entry C-II-35(1).

1 Sep 2015

The case concerns M/s. Vadilal Dairy International Ltd., a registered dealer and manufacturer of ice cream under the Bombay Sales Tax Act, 1959. The G...

High Court

High Court Allows Appeal in Entry Tax Case — Lubricants Not 'Petroleum Products' Under Karnataka Entry Tax Act. Synthetic and petroleum-based lubricants imported under Customs Tariff Chapters 34 and 37 are not covered by the definition of 'petroleum products' in Section 2(6) of the Karnataka Entry Tax Act, 1979, and thus not liable to entry tax.

16 Dec 2020

The appellant, M/s. Kluber Lubrication (India) Pvt Ltd, a private limited company registered as a dealer under the Karnataka Value Added Tax Act, 2003...

High Court

High Court of Karnataka Allows Writ Appeal Against Interference at Show Cause Notice Stage in Commercial Tax Matter — Quashes Order Staying Proceedings Under KVAT Act. Court Held That Writ Jurisdiction Under Article 226 Should Not Be Exercised to Interfere With a Show Cause Notice Unless It Is Without Jurisdiction or a Clear Abuse of Process.

7 Sep 2016

The appellant, Sri Ashok Kumar S., filed a writ appeal against an order dated 05.04.2016 passed by a learned Single Judge in Writ Petition No.18871/20...

High Court

High Court of Karnataka Allows State Appeal in VAT Classification Dispute — Vegit-Aloo Hara Bara Kebab Held Not Exigible to Tax Under Entry 82 of Schedule IV of KVAT Act, 2003. The court held that the product, being a mixture of dehydrated potato flakes and vegetables, does not fall under the specific taxing entry and is not exigible to tax.

20 Mar 2015

The State of Karnataka filed a writ appeal challenging the order of a learned Single Judge in Writ Petition No.40521/2010 dated 10.02.2011. The respon...

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