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Bombay High Court Dismisses Petition Challenging Modvat Credit Lapse Provisions in Finance Act, 1999. Retrospective Validation of Rules Causing Lapse of Accumulated Credit Upheld as Within Legislative Competence and Not Violative of Fundamental Rights.

The petitioner, Coral Cosmetics Limited, a company incorporated under the Companies Act, 1956 and registered as a Small Scale Industry, was engaged in...

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Bombay High Court Full Bench Answers Reference on Entitlement of Second Wife to Family Pension under Maharashtra Civil Services (Pension) Rules, 1982. The Court examines Rule 116(6)(a)(i) in light of Hindu Marriage Act and personal laws.

The matter came before the Full Bench of the Bombay High Court upon a reference by a Division Bench to resolve the question whether the second wife of...

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Bombay High Court Dismisses Assessee's Appeal in Income Tax Case on Dividend Distribution Tax Rate. DDT under Section 115-O is a tax on the company, not on shareholders, and the India-UK DTAA does not provide a lower rate for DDT.

The Bombay High Court dismissed a batch of seven appeals filed by Foseco India Ltd. under Section 260A of the Income Tax Act, 1961, challenging a comm...

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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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Bombay High Court Hears Challenge to Stamp Duty on Agreement to Lease, Examining Impact of Deletion of Explanation III to Article 36 of Bombay Stamp Act, 1958

These writ petitions were filed under Article 226 challenging orders of the stamp authorities demanding deficit stamp duty on agreements to lease exec...

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High Court of Bombay at Nagpur Dismisses Writ Petition Challenging Denial of Extension of Letter of Intent for Mining Lease. Court upholds State's decision that extension cannot be granted beyond the maximum period of five years under Rule 7(4) of the Minerals (Evidence of Mineral Contents) Rules, 2015.

The petitioner, Dalmia Cement (Bharat) Limited, a cement manufacturing company, participated in a bid process initiated by the State of Maharashtra fo...

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High Court of Bombay Nagpur Bench Delivers Oral Judgment on Challenge to Parole Rule. The Court examined whether the proviso to Rule 19 of the Bombay (Furlough and Parole) Rules 1959, restricting parole to once a year except in death cases, violates Article 21 of the Constitution.

These writ petitions, filed by convicts in the High Court of Judicature at Bombay, Nagpur Bench, challenged the constitutional validity of the proviso...

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High Court of Judicature at Bombay Considers Validity of Retrospective Amendment to Bombay Sales Tax Act, 1959. Amendment Deeming Refining of Oil as Manufacture is Challenged as Violative of Articles 14 and 19(1)(g) of the Constitution.

The writ petition under Article 226 of the Constitution of India was filed by Godrej Soaps Ltd., a public limited company engaged in manufacturing and...