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TMI Blog2020 (4) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... re dated 15.03.2018, 05.12.2017 & 22.02.2018 respectively. I.T.A No.1578/Chny/2018 for AY 2011-12: 2. When the appeal is taken for hearing Shri J.Pavitran Kumar, the Ld. Departmental Representative submitted that the tax effect involved in this appeal is less than Rs. 50 lakhs. In view of the latest circular issued by the Central Board of Direct Taxes (CBDT), instructing its officers not to file an appeal before this Tribunal, wherein the tax effect is less than Rs. 50 lakhs, this Tribunal is of the considered opinion that the appeal filed by the Revenue is not maintainable. Accordingly, the appeal of the Revenue stands dismissed. 3. In the result, the appeal of the Revenue in ITA No.1578/Chny/2018 for AY 2011-12 is dismissed. ITA No.19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4/Chny/2018 for AY 2011-12: 7. The first ground of appeal relating to disallowance of Rs. 31,43,000/- being the expenditure incurred by the assessee for registration of trade mark. Shri S. Sridhar, the Ld. Counsel for the assessee submitted that the assessee incurred expenditure for registration of trade mark ''micro cotton'' in foreign countries the payments were made to attorneys and others in the course of business activity therefore, it has to be considered as revenue expenditure. 8. On the contrary, Shri J. Pavitran Kumar, the Ld. Departmental Representative, submitted that the ''micro cotton'' it is a brand name. Registration of trade mark is nothing but creation of capital asset therefore, the expenditure incurred by the assessee i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter may be remitted back to the file of AO. 11. On the contrary, Shri J. Pavitran Kumar, the Ld. Departmental Representative submitted that whether the assessee has invested its own funds or the borrowed funds, there should be some expenditure which has to be disallowed therefore, CIT(A) has rightly confirmed the disallowance made by the AO. 12. Having heard the Ld. Counsel for the assessee and the Ld. Departmental Representative, this Tribunal is of the considered opinion that in case the assessee has invested the borrowed funds it has an impact on the expenditure therefore, it has to be ascertained before making any disallowance. Moreover, as rightly submitted by the Ld. counsel for the assessee, the investment which earned dividend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mar, the Ld. Departmental Representative submitted that in view of decision of this Tribunal in the assessee's own case, the assessee is not entitled for any deduction in respect of profit to earn domestically under Section 10B of the Act. 15. Having heard the Ld. Counsel for the assessee and the Ld. Departmental Representative, this Tribunal is of the considered opinion that in view of the judgment of Hon'ble High Court of Madras High Court in the case of Camiceria Apparels India (P.) Ltd. (supra), the matter needs to be re-examined. It is also necessary to compute the eligible deduction by applying the provisions of sub s. (4) to s. 10B of the Act. This aspect naming the judgment of the Madras High Court and the provisions of Section 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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