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High Court

Bombay High Court Dismisses Revenue's Appeal in Software Development Expenditure Case. ITAT Correctly Allowed Revenue Expenditure for New Product Development as Part of Existing Business.

2 Dec 2022

The case involves two appeals by the Pr. Commissioner of Income Tax-5 against the order of the Income Tax Appellate Tribunal (ITAT) dated 6th June 201...

High Court

Madras High Court Dismisses Revenue's Appeal in Textile Mill Machinery Replacement Case - Expenditure on Replacement of Old Machinery with Modern Equivalents Held Revenue Expenditure Under Section 37(1) of Income Tax Act, 1961. The court applied the enduring benefit test and functional utility test to determine that the new machinery did not create a new asset but merely replaced existing machinery.

9 Apr 2026

The case involves appeals by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) allowing the assessee, M/s. ...

High Court

Bombay High Court Allows Revenue's Appeal in Part and Assessee's Appeal on Mortgage Repayment Issue. Repayment of mortgage debt created by the assessee is an expenditure incurred in connection with the transfer of mortgaged asset allowable under Section 48(i) of the Income Tax Act, 1961.

31 Jan 2005

The judgment involves two tax appeals, one by the revenue and one by the assessee, arising from a common issue regarding the allowability of repayment...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Upholds ITAT Order on Disallowance of Interest and Depreciation. Held that interest on borrowed capital used for acquiring a capital asset is allowable as deduction under Section 36(1)(iii) of the Income Tax Act, 1961, and depreciation on assets acquired under a hire purchase agreement is allowable under Section 32.

12 Jun 2018

The case involves appeals filed by the Revenue (Pr. Commissioner of Income-Tax and Deputy Commissioner of Income-Tax) against the orders of the Income...

Supreme Court

Supreme Court Allows Revenue's Appeal in Capital Gains Tax Case — Revaluation and Credit to Partners' Capital Accounts Constitutes Transfer Under Section 45(4) of Income Tax Act, 1961. The Court held that revaluation of assets and crediting the surplus to partners' capital accounts in a reconstituted firm amounts to distribution of capital assets, attracting capital gains tax under Section 45(4), and overruled the applicability of Hind Construction Ltd. to post-1988 amendments.

24 Nov 2022

The case involves appeals by the Revenue against the judgment of the Bombay High Court which dismissed the Revenue's appeals and confirmed the ITAT's ...

High Court

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.

11 Feb 2016

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...

High Court

Bombay High Court Allows Appeal in Capital Gains Tax Case — Investment in Section 54 EC Bonds Covers Entire Sale Consideration Including Deemed Consideration Under Section 50C. The Court held that the exemption under Section 54 EC is available on the full value of consideration as deemed under Section 50C, provided the assessee invests the entire actual sale consideration in specified bonds.

12 Mar 2019

The case involves two appeals filed by individual assessees, Jagdish C. Dhabalia and Mehul Jagdish Dhabalia, against the common judgment of the Income...

High Court

High Court of Karnataka Dismisses Revenue Appeal in Trademark Transfer Tax Case — Capital Gains Tax on Transfer of Trademark 'SHARP' Upheld. The court held that the transfer of a registered trademark along with goodwill and common law rights constitutes a capital asset, and the consideration received is taxable as capital gains under the Income Tax Act, 1961.

18 Dec 2015

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

High Court

Madras High Court Dismisses Revenue's Appeal in Capital Gains vs Business Profits Dispute. Profit on Sale of Land Held as Capital Gains Where Assessee Not in Property Development Business.

9 Jan 2026

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal for assessment year 2004-05. The a...

High Court

Bombay High Court Dismisses Revenue's Appeal in Software Development Expenditure Case. Expenditure on Development of New Products Held Revenue Expenditure as Incurred to Maintain Existing Business.

2 Dec 2022

The case involves two appeals filed by the Pr. Commissioner of Income Tax-5 under section 260A of the Income Tax Act, 1961, against the order of the I...

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