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Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...

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Bombay High Court Quashes BPCL Circular Imposing Refill Ceiling Limits on LPG Distributors as Unilateral and Arbitrary. Distributorship Agreements Without Ceiling Limits Cannot Be Varied Unilaterally by Issuing Circulars.

The petitioners, seven LPG distributors of Bharat Petroleum Corporation Limited (BPCL), challenged a circular dated 4 January 2018 and a subsequent co...

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Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

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Bombay High Court Allows CENVAT Credit for Input Services Used for Storage Tanks Outside Factory in Central Excise Case — Services Used in Relation to Storage of Inputs Eligible for Credit Even if Received Outside Factory Premises.

The appellant, M/s. Deepak Fertilizers and Petrochemicals Corporation Ltd., is a manufacturer of excisable goods under Chapters 28, 29, and 31 of the ...

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High Court of Bombay Dismisses MTNL's Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Risk Cost Recovery Set Aside. Termination of Contract Held Legal but Recovery of Liquidated Damages Without Proving Actual Loss and Risk Cost Expenses Without Proper Justification Set Aside.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Mahanagar Telephone Nigam Limited (MTNL), a public se...

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Bombay High Court Quashes Environmental Clearance for Thermal Power Plant Due to Vitiated Public Hearing. Public Hearing Under Rule 5(3) of Environment (Protection) Rules, 1986 Must Be Meaningful and Not a Mere Formality.

This public interest litigation was filed by four farmers from Wardha district challenging the public hearing conducted by the Regional Officer of the...