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Supreme Court Upholds High Court Decision That Appellate Tribunal Has Implied Power to Stay Penalty Recovery Pending Appeal. Section 254 Income-tax Act's Appellate Jurisdiction Includes Incidental Power to Grant Stay to Prevent Frustration of Appeal.

The matter arose from penalty proceedings under the Income-tax Act, 1961. The Income Tax Officer imposed penalties on the assessee, M.K. Mohammed Kunh...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Charter Hire Dispute. Section 37 of the Arbitration and Conciliation Act, 1996 Does Not Provide for Appeal Against Interim Orders Under Section 17 of the Act.

The case involves an appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) under Section 37 of the Arbitration and Conciliation Act, 1996, chall...

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Bombay High Court Dismisses Appeal Seeking Permanent Stay of Winding Up of Svadeshi Mills Company Limited. Section 466 of Companies Act, 1956 does not permit stay of winding up after assets have been sold and substantial progress made in liquidation.

The case concerns an appeal against the dismissal of a company application under Section 466 of the Companies Act, 1956, seeking a permanent stay of t...

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Bombay High Court Allows Writ Petition in Entry Tax Case — Pre-deposit Condition for Appeal Not Applicable When Entire Tax is Disputed. Section 28(3)(a) of Goa Tax on Entry of Goods Act, 2000 requires pre-deposit only of tax 'not disputed' in appeal, not disputed tax.

The petitioner, M/s. West Coast Ingots Pvt. Ltd., a company incorporated under the Companies Act, 1956, was served a demand notice under the Goa Tax o...

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High Court of Bombay at Aurangabad Hears Appeals in Gang Rape Case; Convicts Challenge Conviction and State Seeks Enhancement of Sentence. Accused Were Convicted Under Sections 376(2)(g) and 366 IPC for Gang Rape of Two Minor Girls and Sentenced to 10 Years Rigorous Imprisonment.

Criminal appeals arising from the judgment of the Sessions Court, Parbhani, in Sessions Case No. 121 of 1994 were taken up by the High Court of Judica...

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APPEAL FROM ORDER No. 54 OF 2012

The matter involved two appeals from orders arising out of Special Civil Suit No.2/2012 pending before the Civil Judge, Senior Division, Bicholim. The...

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Bombay High Court Disposes of Writ Petition with Direction for Partial Deposit, Stays Penalty Recovery in Tax Dispute. Assessing Officer's Rejection of Stay Application Without Reasons Held Improper; Stay Orders Must Reflect Prima Facie Assessment Under Section 220(6) Income Tax Act, 1961.

The writ petition was filed by Deloitte Consulting India Pvt. Ltd., a joint venture company, challenging a notice of demand dated 30 March 2012 issued...