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Bombay High Court Examines Whether Service for Time Bound Promotion Should Be Reckoned from Initial Appointment or Regularisation Date. Government Resolution and Supreme Court Precedents on 'Regular Service' Interpreted in Context of TBPS and ACPS.

The case involved a batch of writ petitions filed by the State of Maharashtra under Articles 226 and 227 of the Constitution of India challenging orde...

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Supreme Court Allows Revenue Appeal in Service Tax Case on Design Services. Engineering Design & Drawings Imported for Manufacturing Wind Turbine Generators Held Taxable as 'Design Services' Under Finance Act, 1994.

The case involves an appeal by the Revenue against the CESTAT order which held that 'Engineering Design & Drawings' imported by M/s Suzlon Energy Limi...

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Bombay High Court Hears Petition Against Coercive Recovery of Service Tax Without Adjudication, Examining Scope of Section 73 of Finance Act, 1994. The Court Considers Whether Revenue Can Take Steps Under Section 87 Absent Determination of Tax Liability Through Statutory Adjudication Process.

The petitioner, ICICI Bank Ltd., a scheduled bank, challenged a communication dated 25/3/2015 issued by the Service Tax authorities demanding interest...

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Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retent...

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Supreme Court Upholds Corporation in Dismissal Case, Denying Reinstatement Despite Procedural Lapse. Employee Held Entitled Only to Damages as Contract of Personal Service Cannot Be Specifically Enforced; Breach of Regulation Did Not Violate Mandatory Statutory Obligation.

The case involved a dispute between an employee and his employer, a statutory corporation, regarding the employee's dismissal from service. The employ...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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High Court of Karnataka Examines Taxability of Solatium Component in Land Acquisition Compensation Under GST. Issue Concerns Whether Receipt of Solatium Constitutes a Service Under Entry 5(e) of Schedule II to CGST Act, 2017 or Falls Under Exempt Transfer of Land.

The case comprised a batch of five writ petitions filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India. Th...

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Bombay High Court Adjudicates Writ Petition Challenging Rejection of Tender for Water Supply and Sewerage System in MIHAN Area. The dispute centered on whether loading of service tax on the lowest bid for evaluation purposes was arbitrary and in violation of pre-bid clarifications.

Background: The dispute arose from a tender floated by Maharashtra Airport Development Company Limited (MADC) for the operation and comprehensive main...

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Bombay High Court Grants Interim Relief to ISP in Section 9 Arbitration Application, Restraining OTT Platform from Suspending Internet Services to 22,000+ Subscribers. Court holds that MOU creates binding obligations and balance of convenience favors continuity of services pending arbitration.

The applicant, World Phone Internet Services Pvt. Ltd. (WPISPL), a Delhi-based Class A Unified License ISP, filed an application under Section 9 of th...