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High Court of Karnataka Hears Revenue's Appeals Against ITAT Decision Favoring Assessee on Deduction of Distributable Surplus Payment to Brand Owner. Court Examines Whether Payment is Allowable Under Section 37 of Income Tax Act, 1961 or Constitutes Application of Income or Diversion by Overriding Title.

The present set of five tax appeals arises under Section 260-A of the Income Tax Act, 1961, filed by the Revenue against the common order of the Incom...

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High Court Adjudicates Appeal for Enhancement of Motor Accident Compensation — Loss of Income Assessment and Future Prospects Under Section 166 of the Motor Vehicles Act, 1988 Considered.

This first appeal arises from the judgment and award dated 16.08.2004 passed by the Motor Accident Claims Tribunal, Ahmednagar in MACP No.822/2000, wh...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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High Court of Bombay Hears Criminal Appeal Against Conviction Under Prevention of Corruption Act. Appeal Pertains to Alleged Bribery Demand by State Excise Superintendent for Renewing Liquor License.

The matter involved a criminal appeal under the Prevention of Corruption Act, 1988, filed by a Superintendent of the State Excise Department at Ratnag...

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Bombay High Court Dismisses Challenge to Section 479(2) of MMC Act, 1888 — License Fee Fixation by Commissioner Upheld. The court held that the power to fix fees is not unguided and does not violate Articles 14 or 19(1)(g) of the Constitution.

The petitioners, Rushabh Outdoors (a partnership firm) and Vandana Borse (proprietress of M/s. Synnovation), challenged the constitutional validity of...

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Bombay High Court Upholds Eviction Decree Against Tenant for Change of User from Residential to Commercial. Tenant's Use of Premises for Storing Cloth Packages and Business Constitutes Change of User Under Rent Control Legislation.

The case involves a Civil Revision Application filed by the original defendants (tenants) challenging the judgment and decree of the lower Appellate C...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Contract Dispute. Court holds that balance of convenience and prima facie case did not favor grant of injunction under Order 39 Rules 1 and 2 CPC.

The Appellant, Chitali Bottling Limited, filed a Special Civil Suit No.95 of 2020 before the 19th Joint Civil Judge, Senior Division, Pune, seeking a ...

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Bombay High Court Examines Whether Bunker Fuel Sales to Vessels on High Seas Are Taxable Under Maharashtra VAT Act. Petitioners Challenged Assessment Orders and Recovery Notices Claiming Sales Occurred Outside State Territory and Were in Course of Export.

The dispute arose from assessment and recovery proceedings under the Maharashtra Value Added Tax Act, 2002 concerning sales of High Speed Diesel (HSD)...