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Bombay High Court Dismisses Appeal in Partition Suit, Upholds Single Judge's Refusal of Interim Relief. Court holds that property acquired by siblings after father's insolvency cannot be presumed to be joint family property without evidence of joint funds or common business.

The appeal arose from a judgment of a learned Single Judge dated 27 August 2013 dismissing a motion for interim relief in a suit for partition. The ap...

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High Court of Karnataka Hears Revenue's Appeals Against ITAT Decision Favoring Assessee on Deduction of Distributable Surplus Payment to Brand Owner. Court Examines Whether Payment is Allowable Under Section 37 of Income Tax Act, 1961 or Constitutes Application of Income or Diversion by Overriding Title.

The present set of five tax appeals arises under Section 260-A of the Income Tax Act, 1961, filed by the Revenue against the common order of the Incom...

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Bombay High Court Dismisses Appeal Seeking Permanent Stay of Winding Up of Svadeshi Mills Company Limited. Section 466 of Companies Act, 1956 does not permit stay of winding up after assets have been sold and substantial progress made in liquidation.

The case concerns an appeal against the dismissal of a company application under Section 466 of the Companies Act, 1956, seeking a permanent stay of t...

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Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

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Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Internal Enquiry Report Not Shared With Contractor Before Imposing Business Ban, Rendering Order Arbitrary and Unreasonable.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by respondent No.2, Oil and N...

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Bombay High Court Allows Revenue's Appeal in Income Tax Case Regarding Redemption Fine as Business Expenditure. Redemption fine of Rs. 75,00,000 paid for unauthorized import of almonds held allowable as business expenditure under Section 37 of the Income Tax Act, 1961.

The appeal was filed by the Principal Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which allowed the asses...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...