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High Court

Bombay High Court Grants Interim Protection to Petitioners in Commercial Arbitration Petition Under Section 9 of Arbitration Act. Exclusive Rights to Manufacture Ice Cream Under 'Vadilal' Brand in Designated Territories Preserved Pending Arbitration Arising from 1993 Family Settlement.

30 Jun 2026

Shailesh R. Gandhi, Bela S. Gandhi, and Vadilal Dairy International Limited (formerly Super Milk Makers Private Limited) filed a petition under Sectio...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

Bombay High Court Allows Stay on Interest Demand in MVAT Case — Tribunal Erred in Treating Composite Order as Non-Appealable Under Section 30(2). The court held that an appellate order confirming interest under Section 30(2) of the Maharashtra Value Added Tax Act, 2002, when part of a composite assessment order, is appealable and stay can be granted.

6 Jun 2023

The petitioner, S. K. Trading Co., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 30 Septemb...

High Court

Bombay High Court Allows Writ Petitions of Petroleum Dealers Challenging VAT Assessment Orders. Assessment orders under Dadra and Nagar Haveli Value Added Tax Act, 2005 set aside as barred by limitation and violative of natural justice.

21 May 2021

The judgment pertains to a batch of writ petitions filed by several petroleum dealers (M/s. Yogi Petroleum, Jay Jalaram Construction Co., M/s. Ratan P...

High Court

Bombay High Court Allows Writ Petition for Transitional Input Tax Credit Under GST — Time Limit for Filing TRAN-1 Form Held Directory, Not Mandatory. The court directed the GST authorities to accept the TRAN-1 Form filed beyond the prescribed time limit, holding that the time limit was directory and the petitioner had sufficient cause for delay.

20 Mar 2020

The petitioner, Nelco Limited, a company incorporated under the Companies Act, 1956, supplies and undertakes various network-related services. It file...

High Court

Karnataka High Court Considers Challenge to Levy of VAT on Liquor by Certain Licensees; Alleged Discrimination Between Different Categories of Excise Licence Holders. Petitioners Contend That Notification Exempting Some Dealers While Taxing Others Violates Articles 14, 19, and 304B of the Constitution.

30 Sep 2015

The writ petitions were filed by various licensees under the Karnataka Excise Act, 1967, challenging the constitutional validity of Entry No.59A of th...

High Court

Karnataka High Court Allows Revenue's Revision Petition in Input Tax Credit Dispute Under KVAT Act — Input Tax Credit Denied for Purchases from Unregistered Dealers. The court held that input tax credit is not available for purchases from unregistered dealers under Section 9(2)(b) of the Karnataka Value Added Tax Act, 2003, and the assessee failed to produce tax invoices from registered dealers.

31 Jul 2014

The State of Karnataka, through the Department of Finance, filed revision petitions under Section 65(1) of the Karnataka Sales Tax Act, 1957, challeng...

High Court

High Court of Bombay Allows Revenue's Appeal in MVAT Penalty Case — Section 61(2) Does Not Permit Reduction of Penalty Below Statutory Rate. The court held that once a penalty is imposed under Section 61(2) of the MVAT Act, the quantum must be exactly one tenth per cent of total sales, with no discretion to reduce.

15 Sep 2011

The Revenue appealed against a decision of the Maharashtra Sales Tax Tribunal reducing a penalty imposed under Section 61(2) of the Maharashtra Value ...

High Court

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.

8 Jun 2011

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

High Court

Bombay High Court Upholds Tribunal's Interpretation of First Proviso to Section 33(4A) of Bombay Sales Tax Act, 1959 in Sales Tax References. The court held that the first proviso to Section 33(4A) does not require the assessing authority to record a finding of wilful non-disclosure or fraud before invoking the extended period of limitation.

12 Aug 2010

The judgment involves two Sales Tax References under Section 61(1) of the Bombay Sales Tax Act, 1959. In STR No.19/2003, the Commissioner of Sales Tax...

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