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2012 (6) TMI 156 - AT - Income TaxDeduction/s 80IB - Exclusion of DEPB benefit - this issue is now settled against the assessee by the decision of the Hon'ble jurisdictional High Court in the case of Commissioner of Income-tax v. Kalpataru Colours and Chemicals reported in (2010 -TMI - 76895 - BOMBAY HIGH COURT) - Decided against the assessee Regarding capitalization of trademark related expenses - ld AR of the assessee has pointed out that though this issue was considered by the Tribunal in assessee's own case for the AY 2004-05 and 2006-07; however, during the year under consideration, apart from the expenditure on registration of trademark, the assessee has also incurred the expenses regarding legal fee, processing fee for renewal of the existing trademark - the expenditure incurred, which is common for the year under consideration as well as in the AY 2006-07, the same is disallowed As regards the expenditure on renewal of the trademark is concerned, the same is required to be examined and if found that any part of the expenditure has been incurred by the assessee for renewal of the existing trademark or in connection with the existing trademark, then the same shall be allowed - Held that:Assessing Officer is directed to verify and decide this issue, after giving reasonable opportunity of being heard to the assessee
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