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Bombay High Court Dismisses Revenue's Appeal in Slump Sale Case. Transfer of IMFL Business as Going Concern Not Subject to Capital Gains Tax Under Income Tax Act, 1961.

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 against an order of the Income Tax Appellate Tribunal (ITAT)...

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Gujarat High Court Dismisses Appeal of Legal Heir in Trust Property Dispute. Claim of Ownership and Adverse Possession Fails as Land Registered as Trust Property Under Gujarat Public Charitable Trust Act, 1950.

The appellant, Niteshbhai Bhanjibhai Khetiya, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908 read with Section 72(4) of th...

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Bombay High Court Dismisses Revenue's Petition Challenging Tribunal's Recall Order in Hawala Income Tax Case. Tribunal's power to recall its ex parte order under Section 254(2) of the Income Tax Act, 1961 is upheld as procedural rectification.

The case involves a writ petition filed by the Commissioner of Income Tax-12, Mumbai (Revenue) under Article 226 of the Constitution of India, challen...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was not barred by limitation as the plaintiff's possession was not adverse and the defendants failed to prove ouster.

The case pertains to a Regular First Appeal filed by the defendants against the judgment and decree dated 30.09.2010 passed by the Senior Civil Judge,...

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Bombay High Court Allows Writ Petition Challenging Mutation Entry in Revenue Records Without Notice to Petitioner. Revenue Authority Directed to Decide Representation After Hearing All Parties Under Maharashtra Land Revenue Code, 1966.

The petitioner, Smt. Kausalyabai Kisand Dhande, filed a writ petition in the Bombay High Court at Aurangabad challenging a mutation entry made in the ...

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Bombay High Court Allows Writ Petition Against Revenue Authorities for Failing to Execute Decree Despite Supreme Court Confirmation. Court Directs Tahsildar to Execute Decree Within Six Weeks, Imposes Costs for Vexatious Litigation.

The petitioner, Gangabai Ramrao Patil, entered into an agreement to sell land with the respondents in 1973. When the respondents failed to execute the...

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Bombay High Court Allows Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Assessment Year 1990-91. Reassessment Based on Change of Opinion Without Fresh Material is Invalid and Section 45(4) Does Not Apply to Distribution of Assets on Retirement of Partner.

The petitioner, a partnership firm, challenged a notice under Section 148 of the Income Tax Act, 1961 dated 21st July 2003 seeking to reopen the asses...