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Supreme Court

Supreme Court Upholds Permanent Status for Tamil Nadu Medical Services Corporation Workmen. TNMSC Employees Secured Their Rights Under the Tamil Nadu Industrial Establishments Act, 1981, After a Protracted Legal Battle

17 May 2024

The Court has addressed cross appeals involving the Tamil Nadu Medical Services Corporation Limited (TNMSC) and its employees' union regarding the app...

Supreme Court

Supreme Court Allows Repatriation of Frozen Funds Without Bank Guarantee in CBI Investigation — Freeze Order Under Section 102 CrPC Quashed as Appellant Company Not Connected to Accused. The Court held that a freeze order under Section 102 CrPC cannot be continued against a third party not connected to the investigation, and the discharge of the accused removes the basis for any condition.

1 Jan 2023

The appellant, M/s. Jermyn Capital LLC Dubai, a Foreign Institutional Investor, had shares and funds in India. Due to litigations, it ceased trading i...

Supreme Court

Supreme Court Dismisses Institute's Appeal in Gratuity Dispute — Retrospective Amendment Covers Teachers Under Payment of Gratuity Act. Teacher's Claim for Gratuity Upheld as Amended Definition of 'Employee' Includes Teachers with Retrospective Effect from 1997.

7 Mar 2019

The Supreme Court of India dealt with an appeal by Birla Institute of Technology (BIT) against the State of Jharkhand and others, concerning the entit...

Supreme Court

Supreme Court Dismisses Appeal of Educational Institute in Gratuity Dispute — Teacher Held Entitled to Gratuity Under Amended Definition. The Court applied the retrospective amendment to Section 2(e) of the Payment of Gratuity Act, 1972, which included teachers as employees, and upheld the orders of the controlling authority and High Court.

7 Mar 2019

The appeal arose from a dispute between Birla Institute of Technology (BIT) and a retired Assistant Professor (respondent No.4) regarding payment of g...

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.

28 Jul 2016

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 ...

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'.

28 Jul 2016

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 ...

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.

28 Jul 2016

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 Lt...

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.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax, TDS and Deputy Commissioner of Income Tax, TDS) against the common order o...

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.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax, TDS and Deputy Commissioner of Income Tax, TDS) against the common order o...

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.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against the common order of the Inco...

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