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Karnataka High Court Allows Appeal in KVAT Penalty Case — Penalty Under Section 70(2)(a) Cannot Be Imposed Without Specific Finding of Mens Rea or Fraudulent Intent. Revisional Authority's Restoration of Penalty Set Aside as Assessee Had Disclosed Purchases in Returns and Paid Tax.

The case involves an appeal filed by M/s Bhavani Enterprises, a registered dealer under the Karnataka Value Added Tax Act, 2003, against an order of t...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Security Deposit Dispute. Court upholds arbitrator's finding that the amount was a refundable security deposit and not a loan, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, A. S. Patel Trust and its trustees, challenged an arbitral award dated 12 October 2018 under Section 34 of the Arbitration and Concil...

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Bombay High Court Dismisses Challenge to Arbitral Award in Leave and License Dispute — Petitioner's Breach of Agreement Upheld. Arbitrator's Award of Rs. 90 Lakhs Damages with Interest Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Ropa Plastics Private Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral a...

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High Court of Bombay at Goa Allows Refund Claim Without Challenging Nil Assessment Order in Customs Duty Case. Assessee Entitled to Refund of Excess Duty Paid Under Provisional Assessment Despite Nil Assessment Order.

The case involves an appeal by Sesa Goa Ltd against the Commissioner of Customs, Panaji Minor Port, regarding a refund claim for excess customs duty p...

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Bombay High Court Allows Municipal Corporation's Petition to Dismiss Corrupt Employee Despite Minor Wage Deduction. Serious misconduct of diverting octroi refund and receiving illegal gratification outweighs technical non-compliance under Section 33(2)(b) of Industrial Disputes Act, 1947.

The Petitioner, Municipal Corporation of Greater Mumbai, challenged the judgment and order dated 7 May 2010 passed by the Industrial Tribunal, Mumbai,...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Reasonable Belief and Change of Opinion. Reassessment Beyond Four Years Invalid Without Allegation of Failure to Disclose Material Facts.

The petitioner, Nivi Trading Limited, a private limited company, filed its return of income for Assessment Year 2010-11 on 15th September 2010 declari...

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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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Bombay High Court Quashes Stay Order in Income Tax Dispute — Directs Fresh Consideration of Stay Application on Merits. Revenue directed to pass a reasoned order on the stay application after hearing the assessee, considering the strong prima facie case and financial hardship.

The petitioner, HDFC Bank Limited, challenged an order dated 18 March 2013 passed by the Assistant Commissioner of Income Tax - 2(3), Mumbai, which di...

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Bombay High Court Quashes Tax Demand Against Factory in Lump-Sum Contribution Dispute. Agreement for lump-sum contribution in lieu of taxes under Maharashtra Village Panchayats Rules, 1961 held binding on village panchayat, barring unilateral revision of tax.

The petitioner, Bajaj Auto Ltd., a public limited company located within the territorial jurisdiction of Village Panchayat Jogeshwari, challenged a ta...