1948 (3) TMI 34 - HC - Income Tax

Summary

The Bombay High Court held that expenditure for registering a trade mark is a revenue expenditure if it is recurring and does not create an enduring benefit for the trade. The case of Finlay Mills Ltd. claiming such expenditure as revenue was upheld, rejecting the department's distinction based on the timing of trade mark creation. The Court emphasized that the duration of the trade mark being only seven years does not make the expenditure a capital expenditure. The decision was affirmed with a concurring opinion from Justice Tendolkar.