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Bombay High Court Dismisses Revenue's Appeal in Income Tax Derivative Transaction Case. Exchange Traded Derivatives Held Not Speculative Under Section 43(5) of Income Tax Act, 1961, with Retrospective Application of Clause (d) of Proviso.

The case involves an appeal by the Commissioner of Income-tax, Central-IV against the order of the Income Tax Appellate Tribunal (ITAT) in favor of th...

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Bombay High Court Quashes TPO Order in Transfer Pricing Adjustment for Demerger Transaction. Held that transfer pricing provisions under Section 92 of Income Tax Act, 1961 do not apply to a demerger approved by High Court where assets and liabilities are transferred at book value without any consideration.

The petitioner, Times Global Broadcasting Company Ltd, a wholly owned subsidiary of Benett, Coleman and Company Ltd (BCCL), was engaged in distributio...

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Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award in Commodity Trading Dispute — Holds That Arbitral Tribunal Erred in Rejecting Claim for Unauthorized Trades Without Considering Evidence of Unauthorized Transactions.

The petitioner, Mrs. Kaberi Mondal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging portions of an arbitr...

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Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute — No Patent Illegality Found. Claimant's claim for refund of margin money and compensation for unauthorized trades upheld as arbitrator's findings of fact are final under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award da...

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Bombay High Court Dismisses Section 9 Petition in International Commercial Arbitration with Foreign Seat. Court holds that Part I of Arbitration Act, 1996 does not apply where seat of arbitration is outside India, and no interim relief can be granted under Section 9.

The petitioner, BG Strategic Advisors, LLC, a Florida corporation, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, see...