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2011 (6) TMI 214 - AT - Income TaxDisallowed - Deduction u/s 80-IA - Profits of windmills - Since, the assessee claimed deduction in respect of windmills set up at Upleta, Gujarat and Sangli & Satara, Maharashtra - The assessee claimed that the above referred undertakings had brought forward losses - As per the Special Bench order in the case of Asstt. CIT v. Goldmine Shares & Finance (P.) Ltd. [2008 (4) TMI 405 - ITAT AHMEDABAD], decided against of assessee. Software expenses - As per the Special Bench of the Tribunal in the case of Amway India Enterprises v. Dy. CIT [2008 (2) TMI 454 - ITAT DELHI-C], has decided similar issue restoring the matter to the file of Assessing Officer with the direction to decide about the deductibility or otherwise of software expenses on certain parameters laid down in that case. Trademark related services out of legal and professional fees - Payment was made by the assessee to M/s. DePenning & DePenning which is not a legal firm but engaged in providing services relating to patent, trademark, design and copyright - Copies of bills issued by M/s. DePenning & DePenning are available at pages 32 to 34 of the paper book from which it can be seen that the payment was made by the assessee towards filing patent application including translation fee/amendment fee in Canada, Russia and Taiwan - It is noticed that firstly there is nothing like legal charges involved in such payments - Secondly, this payment has been made for obtaining trademark - As trademark have been included u/s 32(1)(ii) in the category of 'Intangible asset' after 1-4-1998, the costs incurred by the assessee in the instant case are nothing but cost of trademarks - Such amount would be capitalized and qualify for depreciation as per law - Hence, the assessee accepted the addition made in assessment year 2005-2006 and did not agitate it further - Decided against of assessee.
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