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    <title>1995 (11) TMI 39 - GUJARAT High Court</title>
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    <description>HC held that the Tribunal erred in upholding the Commissioner&#039;s direction under s.263 to reopen enquiry into a goodwill account for AY 1974-75. The Commissioner&#039;s action lacked any basis that the ITO had erroneously failed to tax the goodwill or that the order was prejudicial to Revenue. The court found the goodwill was self-generated and not chargeable to capital gains, and any transfer on dissolution or to a partner-company occurred outside the relevant assessment period or was not taxable under the law then prevailing. The s.263 direction was quashed.</description>
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    <pubDate>Thu, 09 Nov 1995 00:00:00 +0530</pubDate>
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      <title>1995 (11) TMI 39 - GUJARAT High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=18315</link>
      <description>HC held that the Tribunal erred in upholding the Commissioner&#039;s direction under s.263 to reopen enquiry into a goodwill account for AY 1974-75. The Commissioner&#039;s action lacked any basis that the ITO had erroneously failed to tax the goodwill or that the order was prejudicial to Revenue. The court found the goodwill was self-generated and not chargeable to capital gains, and any transfer on dissolution or to a partner-company occurred outside the relevant assessment period or was not taxable under the law then prevailing. The s.263 direction was quashed.</description>
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      <pubDate>Thu, 09 Nov 1995 00:00:00 +0530</pubDate>
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