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Bombay High Court Dismisses Revenue's Appeal in Transfer Pricing Case — Advertisement Expenses Not Subject to Disallowance. Assessee's expenditure on promoting foreign channels held to be for its own business benefit, not requiring compensation from foreign principals.

The appeal was filed by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) dated 29th July 2011, which confi...

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Bombay High Court Quashes One-Time Spectrum Charge on Cellular Operators for Spectrum Beyond 6.2 MHz, Holding No Statutory Power Under Telegraph Act, 1885 to Impose Retrospective Charges

The case involved a writ petition filed by major cellular mobile service operators, Bharti Airtel Limited and Vodafone Idea Limited, challenging the i...

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Bombay High Court Quashes Penalty Orders for Unauthorized Minor Mineral Extraction Due to Violation of Natural Justice. Show cause notices and final orders under Section 48(7) and (8) of Maharashtra Land Revenue Code, 1966 set aside for non-compliance with principles of natural justice.

The petitioners, M/s. Royale Urbanspace and its partners, owned land bearing Survey No.44/1 at Mouje Borsheti, Taluka Shahapur, District Thane. In 201...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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High Court of Karnataka Quashes Condition Levying Royalty on Excavation of Earth for Reservoir Construction — Excavation of ordinary earth for construction of earthen dyke within leased land does not constitute 'mining' under MMDR Act, 1957.

The petitioner, M/s. JSW Steel Limited, is an integrated steel plant that was allotted 629.92 acres of land by the Karnataka Industrial Area Developme...

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"Supreme Court of India Resolves Complexities in Taxation of Mineral Rights" "Judgment Clarifies Legislative Powers and the Nature of Royalty in Mining Sector"

The Supreme Court of India addressed a significant dispute regarding the distribution of legislative powers between the Union and the States, specific...

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Karnataka High Court Quashes Compounding Fee Demand Under Section 96(4) of Karnataka Land Revenue Act, 1964 for Want of Prior Conversion of Patta Land. Quarrying Activity Commenced When Law Did Not Require Conversion as per Shakeel Pasha v. N. Sivasailam, Hence No Violation of Section 95.

The petitioner, a mineral company holding three quarrying licences granted in 2000 and 2002 for extraction of pink granite on patta agricultural lands...

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Bombay High Court Declares Plaintiff Owner of Copyright in Drawings Developed Under Contract for Valuable Consideration. Payment of Rs.2,87,500/- for Development of Drug Powder Inhaler Transfers Copyright Ownership Under Section 17 of Copyright Act, 1957.

The plaintiff, Macleods Pharmaceuticals Limited, a pharmaceutical company, sought to develop a Drug Powder Inhaler (DPI) device for asthma medications...