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Bombay High Court Upholds Tribunal's Decision on Interest Levy in Income Tax Reference - Interest Under Section 217 Not Leviable for Failure to Revise Advance Tax Statement When No Initial Statement Was Required Due to Income Below Threshold Under Section 208(2).

This is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue, arising from the order of the Income Tax Appella...

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High Court Considers Maintainability and Exemption Issue in Writ Petition Against Tax Demand on Alleged Non-Export Sale. Interprets Section 5(3) of CST Act Regarding Penultimate Sale Deemed Export.

The petitioner, a manufacturer of submarine navy batteries, challenged orders demanding sales tax under the Bombay Sales Tax Act, 1959 on the ground t...

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Bombay High Court Dismisses Defendant's Writ Petition Challenging Trial Court Orders Allowing Plaint Amendment and Rejecting Application Under Order VII Rule 11 CPC in Recovery Suit; Court Finds Plaint Already Disclosed Cause of Action and Amendment Did Not Prejudice Defendant.

The dispute arose from a suit for recovery of Rs.31,05,518/- filed by the respondent-plaintiff (a company) against the petitioner-defendant for raw ma...

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Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Interest on Delayed Payment. The court examined entitlement to interest under Clause 60.8 of the contract and validity of alleged waiver through communications, referencing arbitration provisions and contract law principles.

The dispute arose from a contract awarded by the State of Kerala to the appellants for highway upgradation, executed on 7 November 2002. The appellant...

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High Court of Karnataka Delivers Judgment in Appeal Against Dismissal of Suit for Recovery of Money Alleging Bank's Unauthorized Issuance of Demand Drafts from Cheque Mandate. The Appeal Involves Issues of Bank's Liability for Acting Contrary to Instructions Under Sections of Customs Act, 1962 and CPC.

The plaintiff, a registered company engaged in manufacturing television and monitor components, imported goods and stored them in a bonded warehouse. ...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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Bombay High Court Allows Union of India's Writ Petitions Challenging CAT's Decision on Retirement Gratuity Effective Date. Employees Who Retired on 31.03.1995 Are Not Entitled to Revised Gratuity Scheme Effective from 01.04.1995 as Per O.M. Dated 14.07.1995.

The case involved two writ petitions filed by the Union of India against orders of the Central Administrative Tribunal (CAT), Mumbai Bench, which had ...

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Bombay High Court Hears Section 34 Petition Against Arbitral Awards in Information Technology Upgrade Contract Dispute. Petition Challenges Awards Granting Refund and Rejecting Counter Claims.

The petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by CMC Limited (original respondent in the arbitration) impugnin...