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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Full Disclosure of Waiver of Interest in Original Assessment Precludes Reassessment After Four Years.

The Petitioner, Lok Housing and Construction Limited, challenged a notice dated 29 March 2011 issued under Section 148 of the Income Tax Act, 1961, se...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Lack of Full and True Disclosure. Container Detention Charges Collected as Agent Held Not Income of Assessee Due to Agency Relationship and RBI Circular.

The petitioner, NYK Line (India) Ltd., a wholly owned subsidiary of a non-resident shipping line, acted as its agent under an agency agreement dated 1...

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Bombay High Court Partially Allows Challenge to SAFEMA Forfeiture Order — Agricultural Land Acquired Prior to Detention Exempt from Forfeiture. Property acquired before the 'illegal' period under Section 2(2)(b) of SAFEMA cannot be forfeited; appellate authority's order partly confirmed.

The petitioner, Ranchhodbhai Bhagwanbhai Tandel (since deceased, through his legal heir Naresh Ranchhodbhai Tandel), filed a criminal writ petition un...

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Bombay High Court Dismisses Enforcement Directorate Appeals in FERA Contravention Cases Due to Lack of Evidence and Limitation. Held that mere suspicion cannot substitute proof and that adjudication proceedings under FERA must be initiated within a reasonable time.

The case involves a batch of appeals filed by the Union of India through the Enforcement Directorate against orders of the Appellate Tribunal for Fore...

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Bombay High Court Allows Anticipatory Bail in Unlawful Activities Case Due to Lack of Prima Facie Evidence of Terrorist Act. Applicants Granted Pre-Arrest Bail Under Section 438 CrPC as Allegations of Waging War Against Government and Unlawful Activities Not Substantiated.

The judgment pertains to multiple criminal applications filed under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory ba...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Stock Brokerage Dispute — Upholds Award for Squaring Off Due to Margin Default. Member-Client Agreement and Electronic Contract Notes Establish Liability for Margin Shortfall Under Byelaws of Stock Exchange.

The petitioner, Sizarali M. Dodhia, a constituent of the respondent, Angel Capital & Debt Market Ltd., entered into a member-client agreement on 21 Au...