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Supreme Court Allows Appeal by Oil Corporation, Upholds Termination of Dealership for Violation of Marketing Discipline Guidelines. Stock Variation and Sample Failure Constitute Critical Irregularities Justifying Termination Under Clause 8.2 of MDG 2012.

The Supreme Court allowed the appeal filed by Indian Oil Corporation Ltd. and others against the judgment of the Gauhati High Court which had set asid...

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Deemed Dealer under MVAT Act and Prospective Effect of Tax Liability. High Court of Bombay Decides on Tax Liability of Government-Constituted Trust under Maharashtra Value Added Tax Act, 2002

On the Issue of Deemed Dealer: The Court held that SASF was a “deemed dealer” under Section 2(8) of the MVAT Act. The Court found that SASF fel...

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Supreme Court of India Decides Revenue Appeal Against Tribunal's Order on Excise Valuation of Fiat Cars. Assessee's Price Below Cost Held as Normal Price Under Section 4(1)(a) by Tribunal, Revenue Challenges on Ground That Price Did Not Reflect Manufacturing Cost and Profit.

The dispute concerned the valuation of Fiat Uno model cars for central excise duty under Section 4 of the Central Excise Act, 1944. The assessee, M/s ...

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Madras High Court Upholds Termination of Dealership for Breach of No-Other-Employment Clause. Appellant's failure to disclose employment with a private company while holding a petroleum dealership constituted a material breach of the Dealership Agreement and Marketing Discipline Guidelines.

The appellant, P. Kalyanasundaravalli, was the proprietrix of M/s K.T. Bakthavatchalam Naidu Agency, an Indian Oil Corporation dealer. She was selecte...

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Bombay High Court Dismisses Petition Challenging Ineligibility for IOCL Retail Outlet Dealership Due to Lack of Land Ownership. Petitioner placed in Group-3 as she failed to provide proof of ownership of land, and her claim of ownership based on unregistered agreement was not accepted.

The petitioner, Smt. Sharda W/o Arun Morghare, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a communicati...

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High Court of Judicature at Bombay Examines Challenge to Assessment Order Restricting Sales Tax Incentives under Package Scheme of Incentives, 1993. Expansion Unit Seeks Quashing of Order Alleging It Is Without Jurisdiction and Contrary to Scheme Terms.

The petitioner, Mahindra & Mahindra Limited, a company engaged in the manufacture and sale of automobiles and spare parts, filed a writ petition befor...