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Bombay High Court Upholds Tribunal in Sales Tax Reference — Activity on Customer's Goods Not Manufacture. Processing of customer-supplied goods constitutes works contract, not manufacture, under Bombay Sales Tax Act, 1959, and purchase tax under Section 13AA is not leviable.

The case involves a reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Revenue, against the judgment of the Mahar...

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Bombay High Court Allows Complainant's Revision in Cheating and Forgery Case — Restores Magistrate's Order Issuing Process. Held that the Sessions Court erred in quashing process at the initial stage as there was a prima facie case under Sections 420, 465, 467, 471, 403 read with 120B IPC.

The case involves a Criminal Revision Application filed by the original complainant, Rajeev Sawhney, challenging an order dated 13.8.2008 passed by th...

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Bombay High Court Dismisses State's Appeal Against Order Permitting Withdrawal of Admiralty Suit and Release of Arrested Vessel — State Not a Party to Suit, No Right to Challenge Consent Terms.

The State of Maharashtra filed an appeal against an order of the learned Single Judge dated 3rd March 2008 in Notice of Motion No.2565 of 2008 in Admi...

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Bombay High Court Dismisses State's Appeal Against Order Permitting Withdrawal of Admiralty Suit and Release of Vessel — State Not a Party to Suit and Has No Locus Standi to Challenge Order Directing Payment of Sheriff's Poundage by Plaintiff.

The State of Maharashtra filed an appeal against an order dated 3rd March 2008 passed by a learned Single Judge of the Bombay High Court in Notice of ...

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Compounding of Offences – Definition of First Offence – Discretion of Tax Authorities.

Income Tax Act, 1961 – Section 276CC – Compounding of Offences – Discretionary Relief – Interpretation of Guidelines – Supreme Court’s Rev...

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High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...