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High Court of Karnataka Allows Writ Appeal in VAT Assessment Case — Interim Relief Restored Pending Disposal of Writ Petition. Appellant's challenge to assessment order under Karnataka Value Added Tax Act, 2003 upheld on ground of violation of principles of natural justice.

The appellant, M/s. Ghodawat Industries (India) Pvt. Ltd., filed a writ petition before the learned Single Judge challenging an assessment order under...

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High Court of Karnataka Quashes Criminal Proceedings Against Assessee for Delay in Filing Income Tax Return Due to Lack of Mens Rea and Departmental Delay. Section 276CC of Income Tax Act, 1961 requires wilful failure to furnish return; mere delay without culpable mental state does not constitute offence.

The petitioner, Rajkumar Agarwal, proprietor of Sainath Stone Crusher, filed four criminal petitions under Section 482 of the Code of Criminal Procedu...

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Bombay High Court Hears Petition to Set Aside Arbitral Award Directing Indemnity for Depreciation Disallowance. Petitioners Argue that Clause 14 of Lease Agreement Does Not Cover Income Tax Depreciation Denial and Rely on Identical Clause Interpretation in Prior Judgment.

The dispute arose from a lease agreement executed in 1997 between Borosil Glass Works Limited (lessee/petitioner) and Tata Motors Limited (lessor/resp...

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Bombay High Court Dismisses Petition Challenging Retrospective Amendment to Sales Tax Incentive Scheme. Retrospective Operation of Section 41B of Bombay Sales Tax Act and Rule 31AA Upheld as Valid and Not Violative of Vested Rights.

The petitioners, M/s. Prasad Power Control Pvt. Limited and its director, challenged the constitutional validity of Section 41B of the Bombay Sales Ta...

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Bombay High Court Dismisses Petition by Textile Committee Challenging Cess Exemption for Yarn from Waste Cotton. Notification under Section 5 of Textile Committee Act, 1963 exempts all textiles manufactured from waste cotton, including yarn.

The Textile Committee, a statutory body under the Textile Committee Act, 1963, filed a writ petition challenging an order of the Textile Committee Ces...

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High Court of Karnataka Considers Challenge to Karwar Port Expansion Over SEIAA Authority and Consent Deficiencies. Petitions by Fishermen Associations Raise Category A Project and Pollution Control Compliance Issues Under EIA Notification.

Two public interest litigations were filed under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging...

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Karnataka High Court Adjudicates Writ Petitions Challenging Mandatory Pre-Deposit under Section 35F of Central Excise Act, 1944. The court examined whether the mandatory deposit requirement violated Articles 14, 19(1)(g) and 265 of the Constitution of India.

The High Court of Karnataka heard a batch of writ petitions filed by several assessees, including Hindustan Petroleum Corporation Ltd., Prestige Garde...

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Bombay High Court Allows Writ Petition Quashing Service Tax Levy on Irrigation Restoration Charges Paid to State Government. State's Collection of Charges for Water Diversion is a Sovereign Function, Not a Taxable Service Under Finance Act, 1994.

The petitioner, Rattan India Power Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challeng...

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Madras High Court Allows Revenue's Appeal on Retrospective Registration Under Section 12AA of Income Tax Act, 1961 — Tribunal's Retrospective Grant Set Aside. Registration Under Section 12AA Can Only Be Prospective from Date of Application, Not Retrospective.

The case involves an appeal by the Commissioner of Income Tax, Chennai against the order of the Income Tax Appellate Tribunal (ITAT) dated 09.08.2011....