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Search Results for "Tax Residency"

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High Court

Bombay High Court Dismisses Section 34 Challenge to Arbitral Award in Partnership Dispute — Upholds Award of Rs. 7.39 Crore with Interest. Limitation plea rejected as claim was within time; quantification not perverse.

2 Apr 2026

The judgment concerns a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...

High Court

Bombay High Court Dismisses Revision Applications in Specific Performance Suit — Upholds Trial Court's Refusal to Strike Out Pleadings Under Order VI Rule 16 CPC. Court holds that disputed questions of fact regarding readiness and willingness to perform contract cannot be decided at the stage of striking out pleadings and require trial.

19 Mar 2024

The case involves two civil revision applications filed by the defendants (J.P. Realities Pvt. Ltd. and its director Jaiprakash Khushalani, along with...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Case Involving Non-Resident Company - Denial of Treaty Benefits and Business Connection Upheld. The court held that the Tax Residency Certificate is not conclusive and the Assessing Officer can examine the substance of the arrangement to determine treaty eligibility.

16 Jun 2023

The case involves an appeal by the Commissioner of Income Tax (International Taxation) against the order of the Income Tax Appellate Tribunal (ITAT) i...

High Court

Bombay High Court Dismisses Writ Petition Challenging Property Tax Levy by Panvel Municipal Corporation on Kharghar Node. Petitioners Lacked Locus Standi and Failed to Exhaust Statutory Remedy of Appeal Under Section 406 of Maharashtra Municipal Corporation Act, 1949.

6 Apr 2023

The petitioners, Kharghar Co-op. Housing Societies Federation and an individual resident, filed a writ petition under Article 226 of the Constitution ...

High Court

Bombay High Court Upholds Acquittal in Kidnapping and Extortion Case Due to Hostile Complainant and Lack of Evidence. State fails to prove charges under Sections 364-A, 386, 387 IPC as prosecution witnesses turned hostile and identification of accused was doubtful.

15 Jan 2020

The State of Maharashtra appealed against the judgment and order dated 16/12/1999 passed by the Additional Sessions Judge, Pune in Sessions Case No. 1...

High Court

Karnataka High Court Allows Input Tax Credit Based on Annual Audited Accounts in KVAT Act Cases. The court held that Section 10(3) of the KVAT Act permits availment of input tax credit based on the annual audited statement in Form VAT 240, irrespective of the claim in returns under Section 35.

6 Dec 2019

The judgment involves multiple writ petitions filed by M/s MFAR Constructions Pvt. Ltd. and M/s Mangalore Force, challenging the interpretation of Sec...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Application Under Section 197 of Income Tax Act for Lower Tax Deduction on Dividend Income. The court held that a Tax Residency Certificate (TRC) is sufficient evidence of residence for claiming treaty benefits under the India-Mauritius DTAA, and the Assessing Officer must consider the DTAA provisions.

26 Apr 2019

The petitioner, Indostar Capital, a Mauritius-based company incorporated in October 2010, held a Category 1 Global Business Licence and a Tax Residenc...

High Court

Karnataka High Court Dismisses Petitions Challenging Service Tax on Renting of Hotels and Restaurants. Sub-clauses (ZZZZV) and (ZZZZW) of Section 65(105) of Finance Act, 1994 as amended by Finance Act, 2011 held to be within legislative competence of Parliament.

3 Nov 2014

The case involves three writ petitions filed under Articles 226 and 227 of the Constitution of India before the Karnataka High Court. The petitioners ...

High Court

High Court of Karnataka Dismisses State's Revision Petitions in Luxury Tax Case — Hotels Not Liable for Tax on Complimentary Services. The court held that complimentary services provided to guests staying in hotels do not constitute 'luxury' under the Karnataka Tax on Luxuries Act, 1979, and cannot be included in the taxable turnover.

28 Aug 2013

The State of Karnataka, through the Commissioner of Commercial Taxes, filed revision petitions under Section 11-A of the Karnataka Tax on Luxuries Act...

High Court

Bombay High Court Allows Writ Petition Against Provident Fund Demand — Taj Residency Held Separate Establishment Entitled to Infancy Benefit Under Section 16(1)(d) of EPF Act. The court held that the Taj Residency, Nasik was a newly established hotel with separate identity and not a branch of Hotel President, Mumbai, and thus entitled to infancy protection under Section 16(1)(d) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

11 Feb 2011

The petitioners, Piem Hotels Limited and another, challenged an order of the Regional Provident Fund Commissioner (RPFC) dated 31 March 1999, which he...

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