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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. 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 Income Tax Penalty Case — Penalty Under Section 271(1)(c) Cannot Be Imposed When Assessment Appeal Is Pending on Substantial Questions of Law. The court held that when the assessment order is under challenge and the appeal has been admitted on substantial questions of law, the issue is debatable and penalty under Section 271(1)(c) of the Income Tax Act, 1961 cannot be imposed.

3 Mar 2015

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) which had di...

High Court

High Court Allows Revision in KVAT Input Tax Credit Dispute — Assessee Entitled to Compute ITC on Books of Account and Claim Rebate for Research Division Purchases. The court held that the assessee could compute input tax credit based on books of account under Sections 11, 14, 17 of KVAT Act and was entitled to rebate for purchases by its ancillary research division.

26 Feb 2016

The petitioner, M/s. Hindustan Unilever Ltd., filed revision petitions under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) again...

High Court

Bombay High Court Dismisses Revenue Appeal on Technical Know-how Fees and Duty Free Advance Licence Issues. Technical know-how fees paid under non-exclusive licence for limited period held revenue expenditure; Duty Free Advance Licence not real income under Section 28(iv) of Income Tax Act, 1961.

22 Mar 2010

The appeal by the Revenue challenged the order of the Income Tax Appellate Tribunal regarding assessment year 1999-2000. The assessee, M/s Essel Propa...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Disallowance Under Section 40(a)(ia) Not Applicable When TDS Deducted and Paid Before Due Date of Filing Return Under Section 139(1). The court upheld the ITAT's order deleting disallowance, holding that the proviso to Section 40(a)(ia) allows deduction if TDS is paid before the due date under Section 139(1).

28 Feb 2014

The case involves three appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appel...

High Court

Bombay High Court Upholds Tribunal's Classification of Saffron as Ayurvedic Medicine in Sales Tax Reference. Saffron/Kesar held to be ayurvedic medicine in natural form under Entry 214 of Notification under Section 41 of Bombay Sales Tax Act, 1959, liable to tax at 4%, not culinary essence under Entry 78 Schedule C Part II liable at 15%.

16 Dec 2005

The case concerns the classification of saffron (kesar) under the Bombay Sales Tax Act, 1959 for the purpose of sales tax. The respondent-assessee, a ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Customs Interest Refund Case — Interest Under Section 27A Payable from Date of Payment of Duty. The court held that the doctrine of unjust enrichment does not apply to interest under Section 27A of the Customs Act, 1962, and interest is payable from the date of payment of duty.

13 Aug 2015

The appeal was filed by the Commissioner of Customs, Bangalore, against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) d...

High Court

Bombay High Court Allows Writ Petition, Sets Aside Adjudication Orders for Breach of Natural Justice. Non-Compliance with Tribunal's Remand Directions on Disclosure of Test Reports Amounts to Denial of Fair Hearing Under Article 226 of the Constitution.

13 Oct 2005

The writ petition under Article 226 arose from a dispute over the classification of a product known as 'CHOCOS' manufactured by Kellogg India Private ...

High Court

Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Quashing Charge Memo Due to Delay and Quasi-Judicial Functions. The Court Held That Disciplinary Proceedings Initiated After 8 Years for Acts Done in Discharge of Official Duties as Income Tax Officer Were Unjustified and Caused Prejudice to the Employee.

13 Feb 2013

The Union of India and others filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Central Admini...

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