Dcit, New Delhi vs M/S. Sharp Business Systems (India) ... on 10 December, 2020
INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH ... 2016
(Assessment Year: 2011-12)
DCIT, Vs. M/s. Sharp Business
Circle-23(1), Systems (India) Pvt. Ltd,
New Delhi 214-221, Ansal Tower
Delhi High Court in case of
Sharp Business System vs. CIT (ITA No. 492/2012 order dated 05.11.2012)
categorically mentioned that non compete ... system (supra). Being the jurisdictional High Court decision, we have
followed Sharp Business system and accordingly taken a view that the
depreciation claimed
competing business. In those circumstances, it was held to be expenses
out of ―commercial expediency‖. In the present case manner of acquisition
of business ... binding precedent of the Hon Delhi High court in case of
Sharp Business System Versus Commissioner Of Income Tax 27
Taxman.Com 50 (Delhi) which
ratio laid down by Hon'ble Delhi High Court
in Sharp Business System vs CIT [2012] 211 taxman 576 (Del.). Hence, the
order ... High Court in the case of Sharp Business
4
ITA No. 2699/Del/2015
Assessment Year: 2001-02
System vs CIT (supra) and applied
carry on or be involved in any capacity
in any business competing with the business of the plaintiff,
even after leaving employment with/association ... Taprogge Gesellschaft MBH Vs.
IAEC India Ltd. AIR 1988 Bom 157, Sharp Business
System Vs. The Commissioner of Income Tax 2012 SCC
OnLine
decision of Delhi High Court in the case
of M/s. Sharp Business Systems Ltd.,
v/s.CIT and also in the case
that Hon'ble
Delhi High Court in the case of Sharp Business System vs. CIT (ITA No.
492/2012) held that the non-compete ... relied upon honourable Delhi High Court decision in the case of Sharp
business system (supra) and disallowed the claim of the depreciation on the
ground
clause 2 of the agreement which
deals with transfer and acquisition of „business assets‟, non-compete fee has
not been mentioned and the same ... held by Hon. Delhi High Court in the case of Sharp
Business Systems vs CIT 27 taxmann.com 50 as discussed
relationship. Therefore, though the seller has agreed not to
engage in any business for a period of three years or participate or engage
as owner ... Delhi High Court in the case of Sharp Business
System (supra). However, this can be looked from another angle because
the Assessing Officer while denying
Mumbai)
v) Trilogy E-Business Software India Pvt. Ltd. vs DCIT , 29 taxmann.com 310
(Bangalore)
vi) Sumtotal Systems India (P.) Ltd. vs ACIT ... Service Centre (P.) Ltd. vs DCIT , 77 taxmann.com 48
(Bangalore)
xii) Sharp Software Development (P.) Ltd. vs DCIT , 76 taxmann.com 340
(Bangalore)
xiii
