Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Highlights - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Income Tax
  • Direct Taxes
  • Benami Property
  • Central GST Laws
  • SGST - State GST Laws
  • Customs
  • FTP - Foreign Trade Policy
  • SEZ - Special Economic Zone
  • FEMA - Foreign Exchange Management
  • Companies Law
  • SEBI - Securities & Exchange Board of India
  • IBC - Insolvency and Bankruptcy
  • Law of Competition
  • PMLA - Money-Laundering
  • Indian Laws
  • Bill / Finance Bills
  • Wealth Tax
  • Service Tax
  • Central Excise
  • VAT / Sales Tax
Month:
---- All Months ----
  • ---- All Months ----
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
Year:
---- All Years ----
  • ---- All Years ----
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Out of Charge cargo may be converted from DPD-CFS to DPD-DPD without separate Customs permission.
    SCMTR pan-India rollout requires mandatory electronic cargo filings as Supplementary IGM/EGM use ends at Nhava Sheva.
    SCMTR electronic filing moves pan-India, with transitional relief extended and penalty protection for technical filing issues.
    Maintainability of appeal under Customs law: no Tribunal appeal lies against Principal Chief Commissioner orders under Courier Regulations.
    Input tax credit on QIP services allowed only for business debt repayment, not for investment in a subsidiary
    Reverse charge credit and ITC distribution: self-invoice accepted, and pre-amendment ISD registration not mandatory.
    Special GST law bars general criminal prosecution for delayed tax deposit; new penal law cannot apply retrospectively.
    Retrospective cancellation of GST registration upheld where statute permits cancellation from any date and suspension during proceedings.
    Retrospective GST registration cancellation and interim suspension upheld, while writ challenge to show cause notice failed
    IGST refund on exports cannot be denied solely for higher duty drawback claim under an invalid circular
    Regular bail in economic offences turns on custodial need, documentary evidence and the triple test, not offence seriousness alone.
    Directory time limit for belated return filing after best judgment assessment displaces provisional assessment.
    Advance ruling jurisdiction excludes refund computation under inverted duty structure, and prior refund rejection bars admission.
    Revisional power cannot replace a plausible assessment view when inquiry was made into bogus purchases.
    Consequential assessment under revision loses force when section 263 orders are remanded; appeal becomes infructuous.
    Make available test bars tax on management and business support fees under India-Singapore treaty, deleting the addition
    Telecom transfer pricing disputes favour uncontrolled comparables, contemporaneous ECB benchmarks and deductibility of operating charges.
    Turnover filter, functional comparability and subvention receipts shaped transfer pricing benchmarking for the distribution segment.
    Business expenditure disallowance on suspicion rejected where no finding of non-genuineness was recorded in assessment
    Diversion of income by overriding title defeats taxability of interest credited to development funds and allows promotional expenditure.
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Highlights
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries

Highlights

Back

All Highlights

Showing Results for :
Reset Filters
No Records Found

Highlights

Back

All Highlights

whatsapp Join Channel
Showing Results for : Reset Filters

The court held that the sum received under the co-marketing...

Payment Under Co-Marketing Agreement Deemed Capital, Not Revenue, Due to Restrictive Covenant and Relinquished Rights.

Contents
Summary
Note

Note

-

Bookmark

Print

Print

Income Tax November 21, 2024 Case Laws HC
The court held that the sum received under the co-marketing agreement was a capital receipt, not a revenue receipt. The intention of the parties gathered from the agreement's language is crucial. The Supreme Court's test distinguishes capital receipts that impair the trading structure or income source from revenue receipts that are normal business incidents. The agreement was a negative/restrictive covenant where the payment compensated for surrendering rights in capital assets like patents and trademarks. This impaired the profit-making apparatus, making it a capital receipt. The Tribunal's finding based on evidence appreciation cannot be termed perverse, and the High Court cannot interfere with factual findings unless demonstrated as perverse.

Topics

Acts Income Tax