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Bombay High Court Examines Enforcement of Sixth Pay Commission Pay Scales for Teachers in Unaided Minority School Based on Recognition Terms. Writ Petition Filed Under Article 226 Challenges Non-Payment of Salary as per Government Resolution Dated 21 May 2010.

Background: The dispute involved twenty-three teachers employed by an unaided private minority school (Saint Joseph's English School, Buldhana, manage...

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Bombay High Court Dismisses Challenge to Arbitral Award in Railway Bio-Diesel Supply Dispute — Fall Clause Interpretation Upheld. Court finds that comparing prices for different delivery distances without adjusting for freight is impermissible, and the arbitral tribunal's view is plausible.

The case involves a challenge by the Union of India (Central Railway) under Section 34 of the Arbitration and Conciliation Act, 1996, against an arbit...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act for Lack of Fresh Material — Petitioner Had Disclosed All Facts in Original Assessment Under Section 143(3).

The petitioner, Milton Plastics Limited, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 22.03.2004 is...

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Bombay High Court Dismisses Petition Challenging Safeguard Duty on Aluminum Foil Imports. Court upholds imposition of provisional safeguard duty under Section 8B of Customs Tariff Act, 1975, finding no violation of natural justice as petitioner was heard before final determination.

The petitioner, P. G. Foils Ltd., filed a writ petition under Article 226 of the Constitution of India challenging Customs Notification No.26/2009 dat...

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Bombay High Court Dismisses Revenue Appeal in Service Tax Case on Maintainability Grounds — Questions of Taxability and Valuation Fall Outside High Court's Jurisdiction Under Section 35G of Central Excise Act, 1944.

The Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate (appellant) filed an appeal under Section 35G of the Central Excise...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Full and True Disclosure. Petitioner's claim of set off of unabsorbed depreciation was disclosed in return and notes, hence no failure to disclose material facts.

The petitioner, Mukand Limited, a company incorporated under the Indian Companies Act, 1913, filed a writ petition challenging a notice dated 26th Apr...

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Bombay High Court Quashes 13-Year-Old Show Cause Notice for Inordinate Delay in Adjudication — Failure to Adjudicate Within Reasonable Time Violates Principles of Natural Justice and Statutory Scheme Under Finance Act, 1994

The petitioner, UPL Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the Constitution of Indi...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material. Assessment Reopened Beyond Four Years Based on Mere Change of Opinion Without New Tangible Material, Violating Section 147 Proviso.

The petitioner, Macrotech Developers Limited (successor to Palava Dwellers Pvt. Ltd.), challenged a notice dated 27 March 2019 issued under Section 14...

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Bombay High Court Quashes Reopening Notice in HDFC Bank Bad Debts Case — No Failure to Disclose Material Facts. Section 148 notice under Income Tax Act, 1961 set aside as reassessment based on change of opinion and lack of tangible material.

The petitioner, HDFC Bank Ltd., a scheduled bank registered with RBI, filed its return of income for assessment year 2006-07 and claimed deductions un...