Search Results for "retrospective amendment"

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Search Results for "retrospective amendment"

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High Court

Bombay High Court Allows Refund of Accumulated Input Tax Credit Under Inverted Duty Structure in GST — Rejection by Authorities Set Aside. Held that refund of unutilized ITC is admissible under Section 54(3)(ii) of the CGST Act, 2017 even when output supply is partially exempt, and that the formula under Rule 89(5) of the CGST Rules, 2017 must be applied correctly.

23 Apr 2026

The petitioner, CHEC-TPL Line 4 Joint Venture, a joint venture between TATA Projects Limited and another entity, was engaged in the construction of a ...

High Court

Madras High Court Allows Revenue's Appeal on Retrospective Registration Under Section 12AA of Income Tax Act, 1961 — Tribunal's Retrospective Grant Set Aside. Registration Under Section 12AA Can Only Be Prospective from Date of Application, Not Retrospective.

21 Jan 2026

The case involves an appeal by the Commissioner of Income Tax, Chennai against the order of the Income Tax Appellate Tribunal (ITAT) dated 09.08.2011....

Supreme Court

Supreme Court Dismisses State's Appeal in Service Law Case — Notional Financial Benefits Upheld Despite No Actual Promotion. Rule 54(1)(a) of West Bengal Service Rules Precludes Retrospective Promotion but Notional Benefits Granted Due to Administrative Delay.

6 Dec 2024

The present appeal arises from a judgment of the High Court at Calcutta which upheld an order of the West Bengal Administrative Tribunal directing tha...

Supreme Court

Supreme Court Strikes Down Section 87 of Arbitration Act as Unconstitutional — Automatic Stay of Arbitral Awards Revived by 2019 Amendment Held Arbitrary and Violative of Article 14. The court held that the provision reintroducing automatic stay upon filing of a Section 34 application is manifestly arbitrary and contrary to the object of the 2015 Amendment Act.

27 Nov 2019

The judgment concerns a batch of writ petitions challenging the constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996, i...

Supreme Court

Supreme Court Dismisses Institute's Appeal in Gratuity Dispute — Retrospective Amendment Covers Teachers Under Payment of Gratuity Act. Teacher's Claim for Gratuity Upheld as Amended Definition of 'Employee' Includes Teachers with Retrospective Effect from 1997.

7 Mar 2019

The Supreme Court of India dealt with an appeal by Birla Institute of Technology (BIT) against the State of Jharkhand and others, concerning the entit...

High Court

Bombay High Court Dismisses State's Petition in Service Law Dispute Over Group Classification. The court upheld the MAT's declaration that Group 'C' employees are immune from the Revenue Division Allotment Rules, 2015, which apply only to Group 'A' and 'B' posts.

2 Nov 2018

The case involves a challenge by the Director of Accounts and Treasuries (M.S.), Mumbai and others (petitioners) against a judgment of the Maharashtra...

High Court

Bombay High Court Dismisses Plaintiff's Suit Seeking Removal of Managing Director on Ground of Age Limit Under Companies Act, 2013. Section 196(3)(a) of Companies Act, 2013 Held Not Retrospective and Does Not Automatically Terminate Existing Appointments.

16 Jul 2015

The plaintiff, a director of Ultramarine & Pigments Limited, filed a suit seeking an order to restrain the 2nd defendant, the Chairman and Managing Di...

High Court

Bombay High Court Dismisses Petitions Challenging Retrospective Amendment to Foreign Trade Policy and Customs Notification. Court Holds That Importers Have No Vested Right in Export Obligation Period and Retrospective Amendment Is Valid to Prevent Misuse of Duty Exemption Scheme.

30 Jan 2015

The Bombay High Court dismissed two writ petitions challenging the validity of Notification No.2(RE 2013)/2009-14 dated 18th April 2013, which retrosp...

High Court

Bombay High Court Dismisses Revenue's Appeals in Antidumping Duty Gap Period Case. Tribunal's Decision That No Antidumping Duty Can Be Levied During Period Between Expiry of Provisional Duty and Imposition of Final Duty Under Rule 21 of Customs Tariff (Antidumping) Rules, 1995 Upheld.

15 Dec 2011

The Commissioner of Customs (Import), Mumbai, filed appeals against orders of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) dated 1 Aug...

High Court

Bombay High Court Allows Amendment of Written Statement and Counter Claim in Suit Filed Before 2002 CPC Amendment. Order 6 Rule 17 as amended by 2002 Amendment Act does not apply to suits instituted before 1.7.2002.

29 Mar 2011

The petitioner, Sumita Pradipkumar Dixit, challenged an order dated 29.8.2009 passed by the trial court in RC Suit No. 187/1999, which rejected her ap...

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