TMI Blog1948 (3) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... Century Spinning Weaving and Manufacturing Company Ltd [1947] 15 ITR 105 . In that case this Court held that the expenditure incurred for applying for trade mark under the Trade Marks Act was an expenditure attributable to revenue inasmuch as it was recurring and it did not bring into existence an asset or an advantage for the enduring benefit of the trade and also that the expenditure was incurre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase decided by us is really distinguishable. I am afraid it is not possible to do so. All that Sir Jamshedji can contend is that prior to the 25th February, 1937, a suit could lie for an infringement of the trade mark which was not registered and after the 25th February, .1937, such a suit would not lie unless the trade mark was registered and, therefore, Sir Jamshedji contends that when you have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture a capital expenditure. It is not disputed that in this case, as in the other, the trade mark only endures for a period of seven years after which a fresh application for a trade mark has to be made. If the duration of the trade mark is only seven years it does not possess that permanency which is required in order to make the expenditure a capital expenditure and in order to bring into existe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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