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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Gift of Property by Company to Director's Husband Held Not to be Income, as Assessee's Objections Were Not Properly Considered.

The petitioner, Bakhtawar Construction Co. Pvt. Ltd., a closely held company, challenged a notice dated 30 March 2013 issued under Section 148 of the ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Confirms Refund of Earnest Money with Interest. Alternate relief of refund of earnest money can be granted even without a specific prayer for declaration that cancellation of agreement was illegal.

The present Second Appeal challenges the judgment and decree dated 17th April 2025 passed in Regular Civil Appeal No.318 of 2017, whereby the appeal p...

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Bombay High Court Allows Writ Petition Challenging Stamp Duty Reassessment Order for Lack of Proper Notice and Violation of Natural Justice. Petitioner's Property Valuation Dispute Remanded for Fresh Adjudication After Finding That Show-Cause Notice Was Not Served and Opportunity of Hearing Was Denied.

The petitioner, Armstrong Machine Builders Private Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay Hig...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Confirms Refund of Earnest Money with Interest. Alternate relief of refund of earnest money can be granted even without a specific prayer for declaration that cancellation of agreement was illegal.

The present Second Appeal was filed by the appellant, Maruti Dhondi Patil and Sandip Tukaram Patil, challenging the judgment and decree dated 17th Apr...

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Plaintiff Prefers First Appeal Against Trial Court’s Partial Decree in Specific Performance Suit. Trial Court Had Denied Specific Performance Due to Public Policy and Fabricated Receipts, Granting Only Refund of Admitted Advance.

The dispute originated from a suit for specific performance of two sale agreements dated January 6, 2003, concerning 8 acres of land in Salem District...

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Bombay High Court Upholds Validity of Bombay Stamp Act Provisions on Sale Certificates in Execution Proceedings. Interpretation of 'Instrument' under Section 147 of Delhi Municipal Corporation Act Not Extended to Bombay Stamp Act.

The case involves a reference under Section 113 of the Code of Civil Procedure, 1908, made by the Principal District Judge, Aurangabad, to the Bombay ...

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Supreme Court Allows Appeal in Contractual Forfeiture Case — HUDCO Cannot Forfeit Payments Without Fulfilling Reciprocal Obligations. Allotment Cancellation and Forfeiture of Rs. 28.11 Crores Set Aside as Unjust Enrichment Where Lessor Failed to Execute Agreement to Sub-Lease.

The dispute arose from an allotment letter issued by HUDCO to Tomorrowland Limited for a 99-year lease of land to build a 5-star hotel. The appellant ...

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Bombay High Court Dismisses Petitions Challenging Stamp Duty on Renewal of Perpetual Lease Under Maharashtra Stamp Act, 1958. Levy of stamp duty on renewal of perpetual lease is not manifestly arbitrary or violative of Articles 14 and 300A of the Constitution of India.

The Bombay High Court at Nagpur, through a division bench comprising Justices Anil S. Kilor and Rajnish R. Vyas, dismissed two writ petitions challeng...

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Bombay High Court Allows Appeal in MVAT Case — Works Contract Valuation Must Exclude Land Value Under Rule 58. Land value deduction under Rule 58 of MVAT Rules is mandatory for works contracts involving transfer of immovable property, and the Tribunal erred in restricting deduction to 20%.

The Appellant, Oasis Realty, an association of persons registered under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and Central Sales Tax Act...