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2014 (6) TMI 77

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..... ected from being copied - the expenses incurred are either renewal fees paid or to get the said brands being' put on record in other states in the country so that assessee's right in respect of said brand / level even in those states get protected from being copied - CIT(A) rightly was of the view that the expenditure is revenue in nature as it does not bring into existence any new asset or benefit of enduring nature but these are recurring annual charges/renewal fee - thus, there is no reason to interfere in the order of the CIT(A) – Decided against Revenue. - ITA No. 1815/Mum/2011 - - - Dated:- 23-5-2014 - Shri Vijay Pal Rao And Shri B. R. Baskaran,JJ. For the Petitioner : Shri R. K. Sahu For the Respondent : Shri. M. P. .....

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..... penditure claimed is revenue in nature. 4. We have heard the Ld. DR as well as Ld. AR of the assessee and considered the relevant material on record. The expenditure in question has been incurred by the assessee for bringing on record the brand already registered in the state of Maharashtra in other states of the country. This fact has not been disputed by the revenue that the expenditure in question has been incurred in relation to the fee paid for renewal of registration and to get the registered brands of the assessee s products put on record in the other states of the country. Thus the expenses are not for registering of any new brand or product but it was the annual renewal fee/charges of the already registered brands and further fo .....

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..... re revenue in nature which are being incurred by the appellant year after year and also allowed by the Assessing Officer in earlier years as well as in subsequent year The expenses incurred are either renewal fees paid or to get the said brands being' put on record in other states in the country so that assessee's right in respect of said brand / level even in those states get protected from being copied. The expenses are 'not for -registering any new brand as held by, the Assessing, Officer. Keeping in view, the nature of the expenses, it is held that the same are revenue in nature and are allowable 'as expenses. The Assessing Officer is directed to allow the same. Accordingly, this ground of appeal is allowed. 5 It was .....

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