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Bombay High Court Allows Petitioner in Income Tax Reassessment Case Due to Lack of Fresh Material and No Failure to Disclose. Reopening Beyond Four Years Invalid as Revenue Failed to Allege Non-Disclosure Under Section 147 of Income Tax Act, 1961.

The petitioner, Sun Tan Trading Co. Ltd., is engaged in the business of import and distribution of alcoholic beverages in India. It had entered into a...

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Bombay High Court Allows Writ Petition Challenging Detention of Second Hand Machinery Import — Circular No.4/2008-Cus Held Ultra Vires Section 14(1) of Customs Act, 1962. Transaction Value Must Be Accepted Unless Rebutted by Proper Evidence; Guidelines in Circular Cannot Override Statutory Provisions.

The petitioner, M/s Bosch Limited (formerly Motor Industries Co. Ltd.), a public limited company engaged in manufacturing automotive components, impor...

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Bombay High Court Dismisses Appeal in Trademark Dispute Over Perfume Names 'Legend' and 'Flirt'. Court finds no deceptive similarity as marks are common dictionary words used with house marks and no evidence of passing off.

The appellant, MESO Private Limited, manufactures and sells cosmetic products including perfumes under the trademarks 'Legend' and 'Flirt'. The respon...

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High Court of Karnataka Dismisses Revision Petitions of Granite Dealer in VAT Dispute — Inter-State Sale of Rough Granite Blocks Not Proven as Export Sale. Assessee failed to discharge burden of proof under Section 5(1) of Central Sales Tax Act, 1956.

The petitioner, M/s. Shanthakoti Enterprises, a dealer engaged in extraction and sale of rough granite blocks from quarries in Chamarajanagar, filed r...

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High Court of Karnataka Dismisses Petitions Challenging Validity of Proviso to Section 115JB(6) of Income Tax Act in SEZ Cases. The court held that the proviso inserted by Finance Act, 2011 is not ultra vires the SEZ Act and is valid and enforceable.

The case involves a batch of writ petitions filed by companies operating in Special Economic Zones (SEZs) challenging the constitutional validity of t...

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WRIT PETITION NO.872 OF 1994

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Bombay High Court Allows Revenue Expenditure Claim for Floor Height Raising in Warehouse to Prevent Flood Damage. Expenditure incurred to protect business and retain major customer is revenue expenditure under Section 37(1) of Income Tax Act, 1961.

The appellant, Jetha Properties Private Limited, was a warehouse keeper operating a warehouse in an area prone to severe water logging during monsoon....

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Bombay High Court Dismisses Customs Appeal by Patel Engineering Ltd in Import Misdeclaration Case. Confiscation of Goods and Penalty Upheld for Violation of Sections 111(d) and (m) of Customs Act, 1962.

The appellant, Patel Engineering Ltd, filed a Customs Appeal under Section 130 of the Customs Act, 1962, challenging the concurrent findings of the Ad...

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Bombay High Court Examines Rejection of Settlement Applications by Customs Settlement Commission for Non-Compliance with Section 127B of Customs Act, 1962. Petitioners Argued That Non-Payment of Interest Under Repealed Section 28AB Could Not Be Ground for Rejection, and Orders Were Arbitrary.

The petitioners, a father-son duo engaged in importing old and used cranes, faced three show cause notices issued by the Directorate of Revenue Intell...