Search Results for "fiscal purposes"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "fiscal purposes"

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High Court

Bombay High Court Quashes Reassessment Notices Issued Beyond Time Limit Under Section 149 of Income Tax Act, 1961 — Notices Issued After Expiry of Six Years from End of Relevant Assessment Year Without Satisfying Conditions for Extended Period Held Invalid. The court held that the condition of income escaping assessment of Rs. 1 lakh or more for notice beyond six years was not satisfied, and the reasons recorded lacked tangible material.

8 Mar 2023

The judgment concerns five writ petitions filed by Jetair Pvt. Ltd. challenging notices dated 11 March 2021 issued under Section 148 of the Income Tax...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Mutation Entries — Mutation Entry Does Not Confer Title; Civil Suit Remedy Available. The court held that mutation entries in revenue records are only for fiscal purposes and do not create or extinguish title, and writ petitions under Article 226 are not maintainable for such disputes.

16 Sep 2022

The petitioner, Western Coalfields Limited, filed four writ petitions under Article 226 of the Constitution before the Bombay High Court, Nagpur Bench...

High Court

Bombay High Court Allows Interest on Delayed Refund of CENVAT Credit Under Section 11BB of Central Excise Act, 1944. Petitioner entitled to interest at 6% per annum from the date immediately after expiry of three months from receipt of refund application till date of refund.

23 Aug 2022

The petitioner, M & G Global Services Pvt. Ltd., is engaged in providing Information Technology enabled services to its group entities located outside...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Mutation Entry in Revenue Records — Mutation Entry Does Not Confer Title; Remedy Lies Before Civil Court. The court held that mutation entries are only for fiscal purposes and do not determine title, and that disputed questions of title must be adjudicated by a civil court, not in writ jurisdiction.

5 Jan 2022

The petitioner, Shri Divakar R. Dalvi, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, ch...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

Supreme Court

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.

22 Jul 2020

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...

Supreme Court

Supreme Court Allows Appeal in Part — NCCD Payable Despite Excise Duty Exemption, Education Cess and Secondary & Higher Education Cess Not Payable. The Court held that Education Cess and Secondary & Higher Education Cess, being surcharges on excise duty, cannot be levied when basic excise duty is exempted, but NCCD, being an independent duty of excise, is payable.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (the appellant) and the Union of India regarding the liability to pay National Calamity Con...

Supreme Court

Supreme Court Allows Appeal in Excise Duty Exemption Case — NCCD, Education Cess and Secondary & Higher Education Cess Not Payable When Basic Excise Duty Exempted. Exemption Notification Under Section 5A of Central Excise Act, 1944 Covers NCCD as Duty of Excise, and Surcharges on Excise Duty Cannot Be Levied Without Substratum.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (appellant) and the Union of India (respondent) regarding the liability to pay National Cal...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Property Dispute — Suit Barred by Limitation Under Order 7 Rule 11(d) CPC. Clause 10 of Agreement for Sale Dated 31-03-1957 Was a Right of Re-Conveyance, Not a Contract for Sale, and Cause of Action Arose in 1988.

2 Sep 2013

The appellant, Kishorbhai Premchand Shah, filed a civil suit in the City Civil Court, Mumbai, seeking a declaration of ownership and permanent injunct...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Property Dispute — Agreement of Transfer and Re-conveyance Clause Requires Trial. Order VII Rule 11 CPC plaint rejection set aside as suit raises triable issues regarding clause 10 of 1957 agreement and plaintiff's transferee rights.

2 Sep 2013

The appellant, Satish Talakchand Shah, filed a civil suit (Civil Suit No. 1708 of 2010) in the City Civil Court, Mumbai, seeking declaration of owners...

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