SHARP BUSINESS SYSTEM THR. FINANCE DIRECTOR XIV-A MR. YOSHIHISA MIZUNO [P-1] Versus COMMISSIONER OF INCOME TAX-III N.D. [ HEARD BY : HON. MANOJ MISRA AND HON. UJJAL BHUYAN, JJ. ] (C.A. 4072/2014)

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C.A. 4072/2014

SHARP BUSINESS SYSTEM THR. FINANCE DIRECTOR XIV-A MR. YOSHIHISA MIZUNO [P-1] Versus COMMISSIONER OF INCOME TAX-III N.D. [ HEARD BY : HON. MANOJ MISRA AND HON. UJJAL BHUYAN, JJ. ]

HON'BLE MR. JUSTICE MANOJ MISRA · HON'BLE MR. JUSTICE UJJAL BHUYAN

C.A.Appellate relief Civil appeals Taxation

41 PDF renditions· 41 distinct judicial orders· 23 verified locally

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8Important Paragraphs
6Legal Principles
12Authorities
47Similar Cases

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What Happened

SHARP BUSINESS SYSTEM THR. FINANCE DIRECTOR MR. YOSHIHISA MIZUNO Versus COMMISSIONER OF INCOME TAX-III N.D.. C.A. 4072/2014 in the Supreme Court of India, CNR SCIN010052292013. Status on the court record: DISPOSED. This page is written from 23 order document(s) downloaded for this case, dated 19 September 2022 to 19 December 2025.

On 19 September 2022 the order records: List these matters before the concerned court taking up tax matters, in the week commencing 10.10.2022.
On 14 September 2023 the order records: On the joint request of learned counsel for the respective parties, list on 11.10.2023.
On 1 November 2023 the order records: List the matters on 23.11.2023. (KRITIKA TIWARI) (MALEKAR NAGARAJ) SENIOR PERSONAL ASSISTANT
On 25 September 2024 the order records: The appeal is dismissed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
On 13 November 2024 the order records: It is submitted at the Bar that this special leave petition would not survive for further consideration in view of the low tax effect vide Circular No.9/2024 dated 17.09.2024. The submission is placed on record.
On 10 September 2025 the order records: 1 Heard Mr. Arvind P.Datar, Mr. Ajay Vohra, learned senior counsel and Mr. S. Dwarakanath learned additional solicitor general appearing for the respective parties. 2. Judgment reserved.

Issues Before Court

The core issue which arises for consideration in the facts of this batch of appeals is whether non- compete fee paid by the assessee is a revenue expenditure or capital expenditure?
Corollary to the above question is whether such expenditure, if considered to be an expenditure of capital nature, is entitled to depreciation under Section 32( 1)(ii) of the Income Tax Act, 1961 (briefly 'the Act' hereinafter)?
719/2020, another issue involved is the treatment of interest on borrowed funds invested by the assessee in its sister concern and also provided as interest free advances to the sister concern and its directors; whether such interest is an allowable business expenditure?

Procedural History

19 September 2022. List these matters before the concerned court taking up tax matters, in the week commencing 10.10.2022.
27 April 2023. Delay condoned. Leave granted.
14 September 2023. On the joint request of learned counsel for the respective parties, list on 11.10.2023.
1 November 2023. List the matters on 23.11.2023. (KRITIKA TIWARI) (MALEKAR NAGARAJ) SENIOR PERSONAL ASSISTANT
23 November 2023. At request, list on 10.01.2024.
8 February 2024. List on 21.02.2024.
22 February 2024. List after three weeks.
16 May 2024. List on 18.09.2024.
25 September 2024. The appeal is dismissed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
13 November 2024. It is submitted at the Bar that this special leave petition would not survive for further consideration in view of the low tax effect vide Circular No.9/2024 dated 17.09.2024. The submission is placed on record.
6 February 2025. At request, list on 13.02.2025.
13 February 2025. List on 20.03.2025.
20 March 2025. List on 24.04.2025.
24 April 2025. List on 15.05.2025.
24 July 2025. 1. Heard in part. 2. List on 30.07.2025 as top of the Board.
30 July 2025. List on 07.08.2025. (NEHA GUPTA) (SAPNA BANSAL) SENIOR PERSONAL ASSISTANT
13 August 2025. List next week.
20 August 2025. Heard in-part. List tomorrow i.e. 21st August, 2025.
28 August 2025. 1. Part heard.
3 September 2025. 1. Heard in part. 2. List this matter on 10.09.2025.
10 September 2025. 1 Heard Mr. Arvind P.Datar, Mr. Ajay Vohra, learned senior counsel and Mr. S. Dwarakanath learned additional solicitor general appearing for the respective parties. 2. Judgment reserved.
19 December 2025. Order on the record. The operative text could not be read.
19 December 2025. Order on the record. The operative text could not be read.
Counsel named on these orders, not a complete vakalatnama, include the advocates listed below.

Advocates — Appellants: Ms. Kavita Jha, Mr. Udit Naresh, Mrs. Anil Katiyar, Mr. Raj Bahadur Yadav, Mr. Vaibhav Kulkarni, Mr. Ajay Vohra, Mr. Aniket Deepak Agrawal, Mr. Akash Shukla, Ms. Aabgina Chisti Advocates — Respondents: Mr. Porus F. Kaka, Mr. Divesh Chawla, Mr. Rustom B. Hathikhanawala, Mr. Vikramjit Bannerjee, Mr. Raj Bahadur Yadav, Mr. Diksha Rai, Mr. Prashant Singh Ii, Mr. Prahlad Singh, Mr. Mayank Nagi, Mr. M. S. Syali, Mr. Rajat Mittal, Mr. Mahesh Nagi

Relief Sought & Granted

On 13 November 2024 the order records: This Special Leave Petition is dismissed owing to low tax effect keeping open the question of law, if any.

Subjects

Appellate relief Civil appeals Taxation

Current position

DISPOSED · Latest recorded event 19 Dec 2025

Latest development

Latest recorded event 19 Dec 2025

Final disposition

This Special Leave Petition is dismissed owing to low tax effect keeping open the question of law, if any.

Important procedural note

Written only from 23 Supreme Court order file(s) for this case. No headnote or citation was added. 10 other files in the folder were left out.