2012 (4) TMI 218 - BOMBAY HIGH COURT - Income Tax

Head Note / Extract:
Business expenditure – Settlement charges and legal expenses - assessee owning and conducting hotel handed over bar & restaurant to conductor against payment of royalty – dispute arose between assessee and conductor - settlement charges and legal expenses incurred for getting a Consent Decree from the High Court - Held that:- Tribunal order of allowing such expenditure is upheld since payment was made for resolving disputes and removing the hindrance which was caused in the management and conducting of the restaurant. The conductor was a bare licensee and had no interest by way of tenancy or otherwise in respect of the premises. Consequently, payment was in true sense the revenue expenditure – Decided in favor of assessee.