Search Results for "Maharashtra Goods and Service Tax Act"

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Search Results for "Maharashtra Goods and Service Tax Act"

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High Court

Bombay High Court Allows Appeals by Public Charitable Trust Against Municipal Corporation's Property Tax Assessment, Reduces Rateable Value and Orders Refund of Excess Tax. The court held that the transferor does not lose locus to prosecute the appeal and that the second proviso to Section 217(5) of the MMC Act does not bar refund of excess tax.

12 Nov 2024

The appellant, Nagari Niwara Parishad, a public charitable trust registered under the Bombay Public Trusts Act, 1950, constructed 6213 tenements on 62...

High Court

Bombay High Court Allows Department's Appeal in Central Excise Refund Case — Limitation Period Under Section 11B Is Mandatory and Unjust Enrichment Applies to Pre-deposit Refunds. The court held that the one-year limitation for refund claims cannot be extended and the claimant must prove no passing of duty burden.

8 Mar 2024

The case involves two connected matters: an appeal by the Commissioner of CGST & Central Excise, Thane Rural, against an order of the Customs, Excise ...

High Court

Bombay High Court Quashes LBT Assessment Orders for Violation of Natural Justice and Lack of Jurisdiction. Assessment Orders Passed Without Proper Show Cause Notice and Without Considering Objections Violate Principles of Natural Justice Under Maharashtra Municipal Corporation Act.

10 Aug 2023

The petitioner, Kokuyo Camlin Ltd., filed two writ petitions under Article 226 of the Constitution of India challenging two assessment orders dated 13...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in Service Tax Reimbursement Dispute. Court Holds That Construction of Contractual Clause by Arbitrator Falls Within Arbitral Domain and Is Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996.

14 Jun 2019

The case involves five appeals filed by Central Warehousing Corporation (the appellant) against a common judgment dated 18.02.2019 dismissing its arbi...

High Court

Bombay High Court Allows Appeal in MVAT Classification Dispute — Multi Function Printers Held Classifiable as Automatic Data Processing Machines Under Entry 84.71. The Court ruled that multi function printers with copying, printing, scanning, and faxing capabilities are classifiable as automatic data processing machines or units thereof under Entry 84.71 of the VAT Notification, not as laser jet printers or under residual entry.

20 Dec 2018

The appellant, Ricoh India Limited, a company registered under the Companies Act, 1956, filed an appeal under the Maharashtra Value Added Tax Act, 200...

High Court

Bombay High Court Dismisses Challenge to GST Levy on TDR/FSI Transfers by Builders Association. Transferable Development Rights (TDR) and Floor Space Index (FSI) are 'goods' under Article 366(12) of the Constitution and subject to GST as a supply under Section 7 of the Central Goods and Services Tax Act, 2017.

10 Apr 2018

The petitioners, Builders Association of Navi Mumbai and Neelsidhi Realties, filed a writ petition under Article 226 of the Constitution of India chal...

High Court

Bombay High Court Dismisses Petition Challenging Discriminatory Sales Tax Rules Under Article 226. Held that Rule 31B and Rule 31AA of the Bombay Sales Tax Rules, 1959 operate in different contexts and do not violate Article 14 of the Constitution.

24 Jan 2017

The petitioners, M/s Graphite India Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High C...

High Court

Karnataka High Court Dismisses State's Revision in Sales Tax Case — Transfer of Know-How Not a Sale. Brand Owner Exempt from Tax as No Manufacturing Activity Undertaken by Assessee Under Karnataka Sales Tax Act, 1957.

1 Oct 2015

The State of Karnataka filed revision petitions under Section 23(1) of the Karnataka Sales Tax Act, 1957, challenging an order of the Karnataka Appell...

High Court

Bombay High Court Dismisses Sales Tax Reference by Dealer in Setoff Disallowance Case. Rule 41D of Bombay Sales Tax Rules, 1959 restricts setoff to raw materials and consumable stores, not capital assets like scientific equipment used for research and development.

10 Feb 2015

The case is a sales tax reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from an order of the Maharashtra Sales Tax Tribunal date...

High Court

Bombay High Court Upholds Tax Liability on Sale of Discarded Materials by BEST Undertaking Under Bombay Sales Tax Act, 1959. Court holds that sale of scrap from non-dealer activity is taxable under section 22(5A) and that appeal under section 55(6)(c) is maintainable only on questions of law.

12 Apr 2005

The case involves two references under Section 61 of the Bombay Sales Tax Act, 1959, arising from a common order of the Maharashtra Sales Tax Tribunal...

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