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    <title>2005 (10) TMI 499 - ITAT MUMBAI</title>
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    <description>The Commissioner of Income-tax (Appeals) confirmed the deletion of addition on account of unutilized Modvat credit and exclusion of excise duty from total turnover for deduction under section 80HHC, following relevant case law. However, the Tribunal held that &quot;non-compete&quot; fees were capital expenditure, contrary to the Commissioner&#039;s decision, and directed disallowance. The Tribunal also upheld the deletion of disallowance of legal expenses, aligning with Supreme Court precedent. The appeals were partly allowed, with the Tribunal ruling in favor of the department on the issue of &quot;non-compete&quot; fees being capital expenditure.</description>
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      <link>https://www.taxtmi.com/caselaws?id=151827</link>
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