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Gujarat High Court Quashes Reassessment Order for Cooperative Society Due to Non-Application of Mind to Binding Precedent. Assessing Officer Ignored Supreme Court and High Court Decisions on Deduction Under Section 80P of Income Tax Act, 1961.

The petitioner, Shree Madhi Vibhag Khand Udyog Sahakari Mandli Limited, a cooperative society, filed a writ petition under Article 226 of the Constitu...

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Bombay High Court Dismisses Petition Challenging Stamp Duty on Octroi Collection Agreement as Lease. Agreement for collection of octroi by agent held to be a lease under Section 2(n)(iii) of Maharashtra Stamp Act and chargeable under Article 36(i) of Schedule I.

The petitioner, M/s. Sai Trading Company, a partnership firm, entered into an agreement on 27th April 2006 with the Sangli, Miraj and Kupwad City Muni...

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Bombay High Court Dismisses Club's Appeal Against ESI Interest Demand — Interest Under Section 39(5)(a) of ESI Act, 1948 is Mandatory and Cannot Be Waived. Voluntary Coverage and Deposit of Principal Without Prejudice Do Not Extinguish Statutory Interest Liability.

The appellant, Bombay Gymkhana Limited, a club incorporated under the Indian Companies Act, 1913, was initially covered under the Employees' State Ins...

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Karnataka High Court Quashes Penalty Orders in KVAT Act Case for Lack of Jurisdiction and Violation of Natural Justice. Penalty under Section 53(8) of KVAT Act cannot be imposed without assessment and opportunity of hearing.

The petitioner, M/s B.L. Kashyap & Sons Ltd., a company engaged in civil works contracts, challenged orders dated 8.9.2017 passed by the Joint Commiss...

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Bombay High Court Quashes Demand Notices for Transfer Premium in Lease Assignment Case. Co-operative Society's Assignment of Lease to Members Does Not Attract Transfer Premium Under MCGM Policy.

The petitioners, Homi Villa Co-operative Housing Society Limited and others, filed a writ petition under Article 226 of the Constitution of India befo...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Development Agreement Dispute. Court upholds award of damages for delay in handing over possession and interest under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, BASF India Ltd., entered into an agreement dated 5.3.2002 with the respondent, Landcom Properties Pvt. Ltd., under which the responden...

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Bombay High Court Dismisses Petition Challenging Notification Importing Customs Recovery Provisions for Excise Duty Interest. Section 12 of Central Excise Act, 1944 Validly Empowers Application of Customs Act Recovery Mechanisms for Interest on Delayed Payment of Excise Duty.

The petitioner, Krishnakant Sakharam Ghag, a partner of M/s Amit Textile Processors, filed a writ petition in the Bombay High Court challenging the va...