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Bombay High Court Upholds Revenue Expenditure Classification for Technical Consultancy and Labour Housing in Income Tax Reference. Payments for feasibility studies and labour welfare held deductible as revenue expenditure under Income Tax Act, 1961.

The case pertains to an income tax reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue department. The assessee...

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Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

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Bombay High Court Dismisses Assessee's Claim for Depreciation on Share Issue Expenses Capitalised to Plant and Machinery. Expenditure on Raising Share Capital Not Part of Actual Cost Under Section 32 of Income Tax Act, 1961, and Falls Under Section 35D as Preliminary Expenses.

The case involves an Income Tax Reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal for the assessment ye...

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Bombay High Court Dismisses Revenue's Appeal in Deemed Dividend Case Under Section 2(22)(e) of Income Tax Act, 1961. Expenditure by Company on Lessor's Property Not Deemed Dividend as It Was for Business Purpose and Not for Shareholder's Benefit.

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal dated 9th September 2011. The resp...

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Bombay High Court Allows Revenue Appeal in CENVAT Credit Deduction Case Under Section 80HHC of Income Tax Act, 1961. CENVAT Credit Not Eligible for Deduction as It Is Not an Export Incentive Under Section 28(iiia)-(iiie).

The Commissioner of Income Tax, Central-III, Mumbai, appealed against the order of the Income Tax Appellate Tribunal (ITAT) dated 29 July 2011, which ...

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Bombay High Court Dismisses Revenue's Appeal in Notional Loss Claim on Securities Reclassification. Tribunal's order allowing deduction of notional loss on transfer of securities from 'Available for Sale' to 'Held to Maturity' based on RBI guidelines upheld.

The case involves an appeal by the Commissioner of Income Tax-2 against an order of the Income Tax Appellate Tribunal (ITAT) dated 15 July 2011. The I...

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Bombay High Court Dismisses Revenue's Appeal in Severance Pay Amortization Case. ITAT's order allowing amortization of severance pay under Section 35DDA of Income Tax Act, 1961 upheld despite cessation of business.

The Commissioner of Income Tax-7, Mumbai appealed against the order of the Income Tax Appellate Tribunal (ITAT) dated 5th September 2011, which allowe...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material. Assessment Reopened Beyond Four Years Without Allegation of Failure to Disclose Material Facts Held Invalid.

The petitioner, Talati & Panthaky Associated Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging a notice date...

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Bombay High Court Allows Writ Petition Against Rejection of KVSS Declaration — Post-Manufacturing Expenses Dispute. The court held that an appeal is pending until the order is communicated to the party, and thus the declaration under Section 95 of the Finance (No.2) Act, 1998 was validly filed.

The petitioner, M/s. Pepsico India Holdings Ltd., a company engaged in manufacturing aerated water, soft drinks, and fruit-pulp based drinks, was issu...