high court judgments - Page 30

Brand Licensing Expenses allowed As Business / Revenue Expenses

Pr.CIT Vs. Nitrex Chemicals India Ltd. (Delhi High Court)

Whether payments made by the assessee to its holding company Nitrex Chemicals India Ltd for the use of its trademark and for the purpose of obtaining expertise in commerce, finance,manufacturing etc. amounted to revenue expenditure instead of capital expenditure?...

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Bade jhad ka jangal cannot be allotted by State authorities without prior approval of Central Government U/s. 2 of Forest (Conservation) Act, 1980

Tilak Nath Vs State of Chhattisgarh (Chhattisgarh High Court)

Impugning legality, validity and correctness of the order dated 26-5-2005 passed by the Board of Revenue by which the Board of Revenue has affirmed the order of the Commissioner setting aside the sale made by the original holders in favour of the petitioners and vesting the land in favour of the Government finding that the sale made by th...

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Claims Tribunal constituted under provisions of Motor Vehicles Act, 1989 has no power and jurisdiction to review its award on merits, but the Tribunal can review its award to correct procedural as well as inadvertent mistake and in case of fraud.

Atul Kumar Mishra S/o. Vs Mohar Singh Chhabra & others (Chhattisgarh High Court)

The short question that emanates for consideration in these revisions is whether the Claims Tribunal constituted under the provisions of the Motor Vehicles Act, 1989 has power and jurisdiction to review its award on merits....

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Reference made to TPO without passing a speaking order is invalid

M/s Alpha Nipon Innovatives Ltd Vs. CIT (Gujarat High Court At Ahmedabad)

HC held that a reference to TPO can be made only after passing a speaking odder disposing off objections raised by assessee. In the present case since, the reference was made without passing such a speaking order, the reference so made was invalid....

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Penalty U/s. 271(1)(c) without finding of AO not justified

J.K. Synyhetics Ltd. Vs. CIT( Allahabad High Court)

Penalty U/s. 271(1)(c) not leviable where there is complete absence of recording of any finding that assessee had indulged in any concealment of any material particulars or that explanation offered by him was not bonafide or was false...

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Reduced Recovery of Loan Advanced, Allowable as Deduction as Business Loss

CIT Vs M/S Cable Corporation of India LTD. (Bombay High Court)

Whether Tribunal was correct in holding that loss on sale of actionable claim by assessee was a business loss allowable as a deduction?...

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Lifting of Corporate Veil u/s 179 Requires Prima Facie Sufficient Material

Paras S. Savla Vs Assistant Commissioner of Income Tax, (Gujarat High Court at Ahmedabad)

Section 179 of Act pertains to a Director of a Private Limited Company and permits revenue to recover unpaid taxes from Director of such a company, subject to fulfillment of certain conditions....

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Unintentional errors in filling appeal should be overlooked and be disposed -off on merits

Prashanth Projects Ltd. vs. DCIT

Bombay HC held that an unintentional error on the part of assessee while filling an appeal, more so when the department also acted ignoring the error, would not result in rejecting assessee’s appeal being time barred....

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Unexplained Funds Routed to Assessee Company to Result in Additions in Hands of Both the Parties

Commissioner of Income Tax Vs M/s Trinetra Commerce and Trade pvt. ltd. (Calcutta High Court)

Section 68. Where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not...

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Service revenue need not to be include service tax-Sec 145A(a)(ii) not applicable to service revenue

CIT Vs Knight Frank India P. Ltd. (Bombay High Court)

Sec 145A(a)(ii) has no applicability on service revenue which follows that service revenue need to be inclusive of service tax. It also held that service tax which has not even been claimed as deduction cannot be disallowed by recasting profit and loss account of assessee....

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