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Bombay High Court Dismisses BPCL's Challenge to Service Tax on Port Storage Charges. Storage charges collected by Mumbai Port Trust from BPCL for storing petroleum products are taxable as 'port services' under Section 65(105)(zzl) of the Finance Act, 1994.

The petitioners, Bharat Petroleum Corporation Limited (BPCL) and its Territory Manager, filed a writ petition challenging the demand of Service Tax by...

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Bombay High Court Quashes FIR in Drugs and Cosmetics Act Case Due to Lack of Territorial Jurisdiction. Petitioner's Premises in Jaipur Raided by Rajasthan Authorities, FIR Registered in Aurangabad Without Sanction Under Section 155 CrPC.

The petitioner, Avadhesh Mukutbihari Sharma, a resident of Jaipur, Rajasthan, filed a Criminal Writ Petition under Articles 226 and 227 of the Constit...

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Bombay High Court Quashes Import Restriction for Areca Nuts — Condition Requiring NOC from FSSAI Held Ultra Vires. Import Policy Condition Violates Article 19(1)(g) and Article 14 of Constitution as It Lacks Statutory Authority and Is Disproportionate.

The petitioner, Siddhi Vinayak, a partnership firm registered under the Indian Partnership Act, 1913, engaged in the import of areca nuts (commonly kn...

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Bombay High Court Upholds Conviction of Appellant in NDPS Act Case for Smuggling Heroin in Suitcases. Circumstantial Evidence Including Possession of Keys, Baggage Tags, and Concealment of Contraband Sufficient to Prove Conscious Possession Under Section 21(c) of NDPS Act, 1985.

The appellant, Mrs. Agnes Ruddy Odhoch, a Kenyan national, was convicted by the Special Judge, Greater Mumbai, for offences under Sections 21(c), 23(c...

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Bombay High Court Dismisses Pre-Execution Challenge to COFEPOSA Detention Order for Lack of Grounds Under Alka Subhash Gadia Criteria. Petitioner's Argument That Detention Was for Wrong Purpose Rejected as Activities Constituted Smuggling, Not Mere Abetment.

The petitioner, Suresh Kumar U. Jain @ Sanjay Srinath Rana, filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Dismisses Petition of Workmen Seeking Absorption in Western Coalfields Limited — Canteen Workers Not Entitled to Direct Absorption as Contractor Was Not a Sham and Contract Labour Was Not Prohibited Under the Contract Labour (Regulation and Abolition) Act, 1947.

The petitioner, a trade union representing workmen of Taroda Opencast Mine of Western Coalfields Limited, challenged an award of the Central Governmen...

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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.

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...

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Bombay High Court Allows Assessee's Petition in Income Tax Reassessment Case Due to Change of Opinion. Reopening of Assessment Under Section 147 of Income Tax Act, 1961 Set Aside as No Fresh Tangible Material Existed After Original Assessment Under Section 143(3).

The petitioner, Skol Breweries Ltd., challenged the reopening of its income tax assessment for assessment year 2004-05 by the Deputy Commissioner of I...

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Bombay High Court Dismisses Revenue's Appeal in Central Excise Refund Case. Principles of Unjust Enrichment Under Section 11B of Central Excise Act, 1944 Not Applicable to Refund Arising on Finalisation of Provisional Assessment.

The Commissioner of Central Excise, Mumbai II appealed against the order of the appellate authorities below which allowed the refund claim of M/s. Sta...