In The Commissioner Of Income Tax - 8 v. M/S. Jacobs H & G Pvt. Ltd, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Issue: PC 1The question raised in this Appeal is “ Whether the Tribunal was justified in holding that expenditure incurred by the Assessee on account of technical know-how is a revenue expenditure ? paragraph nos.10.5 & 10.7 of the judgment shows that the technical know-how was procured in connection with...
Decision: Hence, Appeal is dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
KJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.4166 OF 2009
The Commissioner of Income Tax - 8Vs.M/s. Jacobs H & G Pvt. Ltd.,
)..Appellant
)..Respondents
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Mr. Suresh Kumar for the appellant.
Mr. Subhash S. Shetty for the respondents.
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CORAM : J. P .DEVADHAR &
MRS.MRIDULA BHATKAR,JJ
DATE : 10/1/2011.
PC
1The question raised in this Appeal is “ Whether the Tribunal
was justified in holding that expenditure incurred by the Assessee
on account of technical know-how is a revenue expenditure ?
paragraph nos.10.5 & 10.7 of the judgment shows that the technical know-how was procured in connection with the execution of a job for a limited period and the technical know-how
did not amount to acquiring any asset of enduring nature and therefore the expenditure in question is a revenue expenditure.
The finding is based on finding of fact. No question of law arises out of order of the Tribunal. Hence, Appeal is dismissed.
(MRS.MRIDULA BHATKAR,J)
(J.P.DEVADHAR,J)
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