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Bombay High Court Quashes Reopening of Assessment in Income Tax Case — No Failure to Disclose Material Facts. Reopening under Section 147 of Income Tax Act, 1961 Held Invalid as Assessee Had Made Full Disclosure in Return and Notes.

The petitioner, NYK Line (India) Ltd., a wholly owned subsidiary of a non-resident shipping line, filed its return of income for Assessment Year 2006-...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Lack of Full and True Disclosure. Container Detention Charges Collected as Agent Held Not Income of Assessee Due to Agency Relationship and RBI Circular.

The petitioner, NYK Line (India) Ltd., a wholly owned subsidiary of a non-resident shipping line, acted as its agent under an agency agreement dated 1...

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Bombay High Court Dismisses Petition for Detention Certificate and Setting Aside of Auction in Customs Detention Case — Auction Upheld as Goods Were Not Cleared Despite Court Orders and Had Already Been Auctioned by Warehousing Corporation.

The petitioners, M/s Santogen Silk Mills Ltd. and its shareholder, imported 41 second-hand Sulzer looms in March 1994. Prior to import, the customs de...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay. Delay of 10 Months Between Release on Bail and Detention Order Held to Snap Live Link, Vitiating Preventive Detention Under Section 3(1) of COFEPOSA, 1974.

The petitioner, wife of the detenu Shyam Dharmadas Amlani, challenged the detention order dated 15th October 2005 passed by the State Government under...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Detention Charges Dispute — No Ground for Interference Under Section 34 of Arbitration Act. Contractual terms and bill of lading conditions upheld; waiver claim rejected for lack of evidence.

The petitioners, Starlite Lighting Ltd., entered into a contract to purchase machines from Philip Lighting B.V., Netherlands, which were shipped in 13...

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Supreme Court Dismisses Appeal in Consumer Dispute Over Inspection Services for Export Consignments. Testing company not liable for variations in product specifications at destination port as responsibility limited to certification at shipment under contractual terms and disclaimers.

The dispute arose from a consumer complaint filed by Dolphin International Ltd. against SGS India Ltd. before the National Consumer Disputes Redressal...

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Bombay High Court Allows Petition Against Customs for Demurrage Charges Due to Delay in Assessment. Customs Department Directed to Bear Warehousing Charges for Inordinate Delay in Finalising Assessment of Imported Goods.

The petitioner, Apollo Paper Mills Ltd., imported second-hand machinery from the UK in 1995 to set up a paper manufacturing unit in Gujarat, seeking c...

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Bombay High Court Dismisses Petition Seeking Enforcement of Customs Facility Notice Against Shipping Lines. No Statutory Duty Imposed on Customs to Prosecute Shipping Lines for Non-Compliance with Facility Notice No.69 of 2011.

The petitioners, J.J. Polyplast Private Ltd, Aishwarya Plast Exports Private Ltd, and Mr. Sanjesh Jain, are importers dealing in plastic raw materials...

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Bombay High Court Quashes Reassessment Notices Under Section 148 of Income Tax Act for Lack of Fresh Material. Reassessment Based on Mere Change of Opinion Without New Tangible Material is Invalid.

The petitioner, Debashu Services Private Limited, a private limited company registered under the Companies Act, 1956, is a regular assessee under the ...