Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The State policy for Special Economic Zones in Maharashtra made a clear promise of exemption from all State and local taxes, including octroi, and contemplated reimbursement where direct exemption was not feasible. The Court applied promissory estoppel and held that, absent any overriding public interest, the promise had to be honoured because it aligned with the SEZ Act and Rules and the policy objective of encouraging SEZ development. It accepted that the petitioner was entitled to refund of octroi paid with interest, subject to verification, and fastened liability on the State Government. Refund could not be ordered against the Municipal Corporation without the necessary statutory amendment, and relief for amendment of the octroi rules was declined because those rules had ceased to operate.
The State policy for Special Economic Zones in Maharashtra made a clear promise of exemption from all State and local taxes, including octroi, and contemplated reimbursement where direct exemption was not feasible. The Court applied promissory estoppel and held that, absent any overriding public interest, the promise had to be honoured because it aligned with the SEZ Act and Rules and the policy objective of encouraging SEZ development. It accepted that the petitioner was entitled to refund of octroi paid with interest, subject to verification, and fastened liability on the State Government. Refund could not be ordered against the Municipal Corporation without the necessary statutory amendment, and relief for amendment of the octroi rules was declined because those rules had ceased to operate.
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