Search Results for "Bombay Sales Tax Act, 1959"

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High Court

High Court of Karnataka Hears Company Applications for Recall of Attachment and Leave to Sell Property in Winding-Up of BPL Engineering Limited. Issues Raised Include Whether SARFAESI Act Overrides Tax Department's Statutory First Charge under the Andhra Pradesh General Sales Tax Act and Central Sales Tax Act.

2 Jul 2026

The matter pertained to competing claims over an immovable property of BPL Engineering Limited (in liquidation), situated at Pashamylaram Village, San...

High Court

Bombay High Court Allows Writ Petition Challenging Cancellation of Eligibility Certificate Under 1988 Industrial Package Scheme. The Court held that the cancellation was arbitrary and violative of principles of natural justice as no show-cause notice was issued before cancellation.

21 Aug 2023

The petitioner, M/s. Nav Maharashtra Cement Industries, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition un...

High Court

Bombay High Court Allows Reference in Favor of Assessee in Sales Tax Case — Supplies Under Works Contract Not Liable to Tax as Sale. The court held that the transaction for designing, engineering, supplying, erection, installation and commissioning of a project was a works contract and not a sale of goods under the Bombay Sales Tax Act, 1959.

20 Dec 2017

The case involves a reference under Section 61 of the Bombay Sales Tax Act, 1959, made by the Maharashtra Sales Tax Tribunal at the instance of M/s. B...

High Court

Bombay High Court Upholds Exemption for HDPE Cloth as Man-Made Fabric in Sales Tax Reference. HDPE cloth manufactured from HDPE yarn using looms is exempt from sales tax under the Bombay Sales Tax Act, 1959, as it falls within the description of 'cloth' in the First Schedule to the Additional Duties of Excise (Goods of Special Importance) Act, 1958.

5 Jun 2017

The case involves a sales tax reference under Section 61(1) of the Bombay Sales Tax Act, 1959, made by the Maharashtra Sales Tax Tribunal at the insta...

High Court

Bombay High Court Quashes Sales Tax Notices Against Axis Bank in Liquidation Proceeding — No Liability for Tax Deducted at Source Under MVAT Act After Company's Winding Up. The Court held that the State cannot recover tax from a secured creditor who had no obligation to deduct tax at source under Section 42 of the Maharashtra Value Added Tax Act, 2002, as the deduction obligation arises only when payment is made to the dealer, and after winding up, the Official Liquidator is the proper authority.

7 Mar 2017

The petitioner, Axis Bank Ltd., a banking company, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court s...

High Court

Bombay High Court Upholds Validity of Assessment Orders Issued in Trade Name Despite Proprietor's Participation — Estoppel by Conduct Bars Challenge to Notice. The Court held that assessment orders are not non-est merely because notices were issued in the trade name, as the proprietor participated in proceedings without objection.

15 Mar 2016

The case involves multiple sales tax references filed by the Commissioner of Sales Tax against M/s. Klip Nail Care and other respondents. The common q...

High Court

Bombay High Court Upholds Tribunal's Deletion of Penalty in Sales Tax Case — Revenue Must Prove Gross Neglect. The onus lies on the revenue to establish gross or willful neglect under Explanation I to Section 36(2)(c) of Bombay Sales Tax Act, 1959, and the Tribunal correctly deleted the penalty relying on Indoswe Engineers (P) Ltd.

26 Feb 2015

The case is a Sales Tax Reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from a dispute between the Commissioner of Sales Tax, Ma...

High Court

Bombay High Court Allows Assessee's Appeals and Petitions in Sales Tax Deferral Case — Remission of Liability Not Established Without Credit by Sales Tax Authorities. Payment of Present Value to SICOM Does Not Constitute Remission Under Section 41(1) of Income Tax Act, 1961 When Sales Tax Authorities Have Not Given Credit.

10 Jun 2010

The assessee, M/s. SI Group India Ltd., had an industrial unit in Raigad district, a notified backward area. The Government of Maharashtra issued a pa...

High Court

Bombay High Court Allows Reference in Favor of Dealer in Sales Tax Case Regarding Packing Materials Used in Exports. Purchase Tax Not Leviable on Packing Materials Sold Along with Exported Goods Under Section 14 of Bombay Sales Tax Act, 1959.

18 Mar 2010

The case involves a reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Maharashtra Sta...

High Court

Bombay High Court Upholds Tribunal's Classification of Saffron as Ayurvedic Medicine in Sales Tax Reference. Saffron/Kesar held to be ayurvedic medicine in natural form under Entry 214 of Notification under Section 41 of Bombay Sales Tax Act, 1959, liable to tax at 4%, not culinary essence under Entry 78 Schedule C Part II liable at 15%.

16 Dec 2005

The case concerns the classification of saffron (kesar) under the Bombay Sales Tax Act, 1959 for the purpose of sales tax. The respondent-assessee, a ...

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