Search Results for "Allowability"

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Search Results for "Allowability"

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High Court

Bombay High Court Allows Petition Challenging Patent Refusal for Lack of Reasoning on Inventive Step. The Court held that the Assistant Controller's order lacked any reasoning as to how the claimed invention was taught by prior art and failed to apply the five-step test for inventive step under Section 2(1)(ja) of the Patents Act, 1970.

15 Apr 2026

The petitioner, Navya Network Inc., filed a petition under Section 117A of the Patents Act, 1970, challenging the order dated 27th May 2024 passed by ...

High Court

High Court of Gujarat Dismisses Revenue's Appeal in Advertisement Expenses Classification Case. ITAT's finding that advertisement expenses are revenue expenses upheld as per Supreme Court precedent.

7 Jan 2026

The present appeal was filed by the Revenue (DY CIT - C C - 1 BARODA) against the respondent-assessee (RINKI PETROCHEMICALS & IND LTD) challenging the...

High Court

Madras High Court Allows Appeal in Income Tax Bad Debt Write-Off Case — Assessee Entitled to Deduction for Debts Written Off in Books Even if Not Recognized by Debtor. The court held that under Section 36(1)(vii) read with Section 36(2) of the Income Tax Act, 1961, the only condition for deduction of bad debts is that the debt must be written off as irrecoverable in the books of the assessee, and there is no requirement of acknowledgment by the debtor.

27 Jan 2025

The appellant, M/s. Citadel Fine Pharmaceuticals Ltd., filed a return of income for assessment year 2009-10 under the Income Tax Act, 1961. The Assess...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Case on Liquidated Damages Deduction. ITAT's deletion of disallowance of ₹6,96,00,000 as liquidated damages upheld as the expenditure was incurred in the relevant assessment year.

15 Apr 2019

The case involves four tax appeals filed by the Principal Commissioner of Income Tax, Goa, under Section 260-A of the Income Tax Act, 1961, against a ...

High Court

Bombay High Court Allows Deduction for Retrenchment Compensation Reimbursed by Assessee to Subsidiary Under Contractual Agreement. The court held that retrenchment compensation paid by the subsidiary and reimbursed by the assessee under a contractual agreement is allowable as business expenditure under Section 37(1) of the Income Tax Act, 1961, as it was incurred for commercial expediency and business reorganization.

26 Aug 2016

The case pertains to an Income Tax Reference under Section 256(1) of the Income Tax Act, 1961, for the Assessment Year 1980-81. The assessee, The Wall...

High Court

Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

10 Jun 2013

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

High Court

Bombay High Court Allows Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Reopening Based on Mere Change of Opinion Without Fresh Material Held Invalid.

3 May 2013

The petitioner, M/s. Rabo India Finance Limited, challenged the reopening of its income tax assessment for Assessment Year 2006-07 under Section 148 o...

High Court

Bombay High Court Quashes Reopening Notices Under Section 148 of Income Tax Act for Assessment Years 2005-06 to 2008-09 Due to Lack of Failure to Disclose Material Facts and Change of Opinion. Remuneration Paid to Directors Was Fully Disclosed and Examined During Original Assessment, So Reopening Invalid.

20 Feb 2013

The petitioner, M/s. OHM Stock Brokers Pvt. Ltd., a share and stock broker, challenged notices under Section 148 of the Income Tax Act, 1961 for reope...

High Court

Bombay High Court Dismisses Revenue's Petition in Central Excise Rebate Case — By-Product Export Rebate Allowed. Input Credit Adjustment Permitted Under CENVAT Credit Rules, 2004 for Duty Paid on Inputs Used in Manufacture of Final Product, Even if By-Product is Not Manufactured.

6 Apr 2011

The Union of India, through the Commissioner of Central Excise, Raigad, filed a writ petition challenging an order of the Joint Secretary (Revision Ap...

High Court

Bombay High Court Upholds Deduction for Initial Contribution to Superannuation Fund Under Section 37 of Income Tax Act, 1961 — Rules 87 and 88 Held Not to Override Section 36(1)(iv). The court allowed deduction under Section 37 for the entire initial contribution to the superannuation fund in respect of past service liability of employees admitted for the first time.

30 Sep 2005

The case is an income tax reference under Section 256 of the Income Tax Act, 1961, arising from the Income Tax Appellate Tribunal's order. The Commiss...

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