Karnataka High Court

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High Court of Karnataka Allows Appeal in Partition Suit — Remand for Proper Commissioner Appointment Under Order 26 Rule 9 CPC. Lower Appellate Court's Remand Order Set Aside for Not Deciding Merits; Matter Remanded for Fresh Disposal....

The appellant, Nandareddy, filed a Miscellaneous Second Appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 14.10.2015 passed by the Senior ...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Workmen's Compensation Case — Employer-Employee Relationship Not Established. Commissioner's finding of employment reversed as no evidence of deceased working as Hamal under respondent No.3 at the time of accident under Section 30(1) of Workmen's Compensation Act, 1923....

The appeal was filed by the National Insurance Company under Section 30(1) of the Workmen's Compensation Act, 1923, challenging the order dated 16.11.2007 passed by the Commissioner for Workmen's Comp...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Remand Ordered Due to Non-Joinder of Necessary Party and Improper Appreciation of Evidence. The lower appellate court's order setting aside the trial court's decree and remanding the matter for fresh disposal was upheld as the trial court had failed to implead all necessary co-sharers and had not properly appreciated the evidence....

The respondent-plaintiff filed a suit for partition and separate possession of his share in the plaint 'B' and 'C' schedule properties. The trial court decreed the suit. The appellants, who were defen...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. The court upheld the ITAT's order deleting disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of TDS on roaming and interconnect charges, holding that such payments are not 'fees for technical services' and that the assessee had a bona fide belief that no TDS was deductible....

The case involves appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against the order of the Income Tax Appellate Tribunal (ITAT) dated 31 July 2015, whic...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. Assessee's payments for call center services and software maintenance not subject to TDS under Section 194J of Income Tax Act, 1961 as they do not constitute 'technical services'....

The case involves appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against the order of the Income Tax Appellate Tribunal (ITAT) in respect of the assess...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. TDS provisions under Section 194H of Income Tax Act, 1961 not applicable to payments made by Vodafone to its distributors as the relationship was not that of principal-agent but principal-to-principal....

The case involves appeals filed by the Commissioner of Income Tax (TDS) and the Deputy Commissioner of Income Tax (TDS) against M/s. Vodafone South Ltd. under Section 260A of the Income Tax Act, 1961,...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. The court upheld the ITAT's order deleting disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of TDS on roaming and interconnect charges, holding that such payments are not 'fees for technical services' and that the assessee had a bona fide belief that no TDS was deductible....

The case involves appeals filed by the Revenue (Commissioner of Income Tax, TDS and Deputy Commissioner of Income Tax, TDS) against the common order of the Income Tax Appellate Tribunal (ITAT) dated 3...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. The court upheld the ITAT's order deleting disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of TDS on roaming and interconnect charges, holding that such payments are not 'fees for technical services' and that the assessee had a bona fide belief that no TDS was deductible....

High Court

High Court of Karnataka Dismisses Revenue's Appeals in Vodafone TDS Case — No Disallowance Under Section 40(a)(ia) for Non-Deduction of TDS on Payments to Non-Residents Without Permanent Establishment in India. The court held that where the non-resident has no permanent establishment in India, the income is not taxable in India, and consequently, no TDS is required under Section 195 of the Income Tax Act, 1961....

The case involves appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against the common order of the Income Tax Appellate Tribunal (ITAT) dated 31 July 201...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. The court upheld the ITAT's order deleting disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of TDS on roaming and interconnect charges, holding that such payments are not 'fees for technical services' and that the assessee had a bona fide belief that no TDS was deductible....

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