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Supreme Court

Supreme Court Hears Appeal on Taxability of Capital Gains from Transfer of Shares of a Cayman Islands Company Holding Indian Telecom Assets. The core issue involves whether the offshore transaction is liable to capital gains tax in India under the Income Tax Act, 1961, given that the company's value is derived from Indian telecom assets.

1 Aug 2026

The matter concerned a tax dispute between Vodafone International Holdings BV (VIH), a Netherlands resident company, and the Indian Revenue authoritie...

High Court

Bombay High Court Dismisses Petition Challenging Arbitration Award in Partnership Dispute — Upholds Validity of Award Based on Partnership Deed and Evidence. Court Held That Arbitrator's Findings on Dissolution and Accounts Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

10 Jul 2026

The petitioner, Vinod Kumar Saraf, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award date...

High Court

Bombay High Court Dismisses Appeal in Partnership Dispute Over Liquor Licence Succession — Legal Heirs Entitled to Claim Share in Partnership Assets Including Licence. The court held that the legal heirs of a deceased partner cannot be ousted from their rightful claim to partnership assets merely because the partnership deed disentitled them from becoming partners, and the liquor licence is an asset of the firm.

2 Dec 2022

The case involves a dispute between the appellant, Arunkumar Dwarklal Jaiswal, proprietor of M/s Akot Wine Mart, and the respondents, including the St...

Supreme Court

Supreme Court Allows Revenue's Appeal in Capital Gains Tax Case — Revaluation and Credit to Partners' Capital Accounts Constitutes Transfer Under Section 45(4) of Income Tax Act, 1961. The Court held that revaluation of assets and crediting the surplus to partners' capital accounts in a reconstituted firm amounts to distribution of capital assets, attracting capital gains tax under Section 45(4), and overruled the applicability of Hind Construction Ltd. to post-1988 amendments.

24 Nov 2022

The case involves appeals by the Revenue against the judgment of the Bombay High Court which dismissed the Revenue's appeals and confirmed the ITAT's ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Act Order for Police Aid — No Locus Standi for Borrower's Partner After Property Sold to Third Party. The Court held that once the secured asset is sold and possession handed over to the auction purchaser, the borrower or its partner has no right to challenge the Section 14 order, and the remedy lies before the DRT under Section 17 of the SARFAESI Act.

9 Oct 2015

The petitioners, M/s. National Laminate Corporation (a partnership firm) and its partner Mr. Jayantilal L. Nisar, filed a writ petition under Article ...

High Court

Bombay High Court Dismisses Section 9 Petition for Appointment of Court Receiver in Partnership Dispute — Petitioner Failed to Establish Strong Prima Facie Case for Interim Relief. Court held that disputes regarding partnership accounts and alleged mismanagement must be resolved through arbitration, not by appointing receiver at interim stage.

22 Aug 2014

The petitioner, Minochar @ Minoo Aspandyar Irani, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking appointment o...

High Court

Karnataka High Court Allows Appeal in Income Tax Case on Capital Gains Liability of Firm on Partner's Retirement. Full Bench resolves conflict under Section 45(4) of Income Tax Act, 1961 regarding liability when retiring partner receives only money for his share without distribution of assets.

16 Sep 2013

The case involves an appeal under Section 260-A of the Income Tax Act, 1961, arising from an order dated 02.03.2006 in ITA No.1295/BANG/2004 for the a...

High Court

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.

22 Feb 2010

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

Supreme Court

Supreme Court Adjudicates Tax Treatment of Compensation for Partial Termination of Selling Agency under Income Tax Act, 1922. The Court considered whether the sum received by the assessee for termination of agency rights outside Hyderabad State constituted a capital receipt or revenue receipt.

20 Mar 1959

Background: The case involved the income tax assessment of the respondent, a registered firm carrying on business as selling agents and distributors o...

Supreme Court

Supreme Court Dismisses Revenue’s Appeal, Holding Compensation for Partial Termination of Agency is Capital Receipt. Termination of Agency for Territory Outside Hyderabad State Results in Sterilisation of Capital Asset, Not Taxable as Business Income Under Indian Income-tax Act, 1922.

20 Mar 1959

The dispute arose from the income tax assessment of Messrs. Vazir Sultan & Sons, a registered firm, for the assessment year 1951-52. The firm was appo...

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