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Bombay High Court Quashes Reassessment Notices Under Section 148 of Income Tax Act, 1961 for Lack of Reason to Believe — Amount Received on Retirement from Partnership Firm Held to be Capital Receipt Not Chargeable to Tax.

The petitioners, Prashant S. Joshi and Dattaram Shridhar Bhosale, were partners in a real estate development partnership firm. They retired from the p...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Bombay High Court Dismisses Petition Challenging Compensation for Defective Cotton Seeds — Procedural Lapses Not Fatal When Defect Not Disputed. Compensation Upheld but Interest Reduced from 24% to 12% Under Maharashtra Cotton Seeds Act, 2009 and Rules, 2010.

The petitioner, M/s Bayer Bio Science Private Limited, a seed manufacturing company, challenged an order dated 29 December 2011 passed by the Commissi...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

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High Court of Karnataka Considers Challenge to State Notification Fixing Sugarcane Price Despite Central FRP Under Essential Commodities Act. Section 6 of the EC Act Grants Overriding Effect to Central Orders Over Inconsistent State Enactments.

Multiple writ petitions were filed before the High Court of Karnataka challenging the state government's notification fixing sugarcane price and the c...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...