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2019 (11) TMI 42

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..... rder of this Tribunal in Shriram Tamil Nadu Pvt. Ltd., [ 2016 (8) TMI 1204 - ITAT CHENNAI] allowed the claim of the assessee. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed. - I.T.A.No. 2007/Chny/2019, 2009/Chny/2019 Assessment year : 2016-17  - - - Dated:- 22-10-2019 - Shri George Mathan, Judicial Member Shri Ramit Kochar, Accountant Member Appellant by: Mr.J.Pavithran Kumar,JCIT,D.R Respondent by: Mr.S.Gautam,Advocate ORDER George Mathan, ITA No.2007/Chny/2019 is an appeal filed by the Revenue, namely, Shriram Transport Finance Co., Limited, against the Order of the Commissioner of .....

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..... the Co-ordinate Bench of this Tribunal in assessee s own case in their respective case. The ld.AR placed before us a copy of the order of Co-ordinate Bench of this Tribunal in the case of DCIT Vs. M/s.Shriram Transport Finance Co. Ltd., for assessment year 2014-15 in ITA No.2572/Mds/2017 dated 24.05.2018, wherein the Tribunal has held as under:- 4. We heard Shri Sailendra Mamidi, the ld.Departmental Representative and Shri R.Sivaraman, the ld.counsel for the assessee. It was brought to the notice of the Bench that a similar royalty paid by the assessee was considered by this Tribunal for assessment year 2012-13 in ITA No.728/Mds./2016, a copy of which is available at page 32 of the paper-book and found that the payment was made .....

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..... ing the addition made by the Assessing Officer. 28. On the contrary, Shri R. Sivaraman, the Ld.counsel for the assessee, submitted that the assessee-Trust was using Logo of Shriram Ownership Trust for its business and paid royalty. According to the Ld. counsel, Shriram Ownership Trust is a separate entity. For using its Logo in the business of the assessee, a payment needs to be made and the assessee is not purchasing the Logo. What was obtained by the assessee is only the right to use Logo. Therefore, according to the Ld. counsel, it cannot be treated as capital expenditure. 29. We have considered the rival submissions on either side and perused the relevant material available on record. What was paid by the assessee is .....

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