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2022 (9) TMI 1434 - AT - Income TaxNature of expenses - re-characterizing the business expenses as capital expenditure on the ground that it is a brand building exercise and is capital in nature - assessee is engaged in brand building and does not presented any revenue model before the learned AO and the learned CIT(A) - as argued Income Tax law does not provide for any type of self-generated brand as asset u/s 32 - HELD THAT:- As relying on case FLIPKART INDIA PRIVATE LIMITED [2018 (5) TMI 337 - ITAT BANGALORE], CORE HEALTHCARE LTD. [2008 (10) TMI 74 - GUJARAT HIGH COURT], POLYGEL INDUSTRIES PVT. LTD. [2015 (9) TMI 4 - ITAT MUMBAI], ADIDAS INDIA MARKETING (P.) LTD. [2009 (9) TMI 918 - DELHI HIGH COURT], BERGER PAINTS (INDIA) LTD. (NO. 2). [2002 (2) TMI 97 - CALCUTTA HIGH COURT] assessee cannot be disallowed the expenditure on the ground that it is a brand building exercise and is capital in nature. Accordingly, we set aside the orders of the authorities below and decide the issue in favour of the assessee.
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