9911796707
TMI Blog2017 (10) TMI 1584X X X X Extracts X X X X X X X X Extracts X X X X ..... s of fee which, in fact, amounts to commercialization of education - HELD THAT:- The findings of the Tribunal, we notice, are that the essential objects of the respondent assessee continue to be the same i.e. providing education to schools. The Revenue s reliance on Aditanar Educational Institution v. Additional Commissioner of Income Tax, [ 1997 (2) TMI 3 - SUPREME COURT ] is of no avail. The ITA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n advantage upon the licensee or authorized user under Section 40(2) of the Trade Marks Act, 1999 the benefit of such use accrues to the owner. This aspect too has been considered by a Division Bench of this Court and later affirmed in Formula One World Championship Ltd. v. CIT [ 2016 (12) TMI 123 - DELHI HIGH COURT ] X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 2(15) of the Act. 2. The findings of the Tribunal, we notice, are that the essential objects of the respondent - assessee continue to be the same i.e. providing education to schools. The Revenue's reliance on Aditanar Educational Institution v. Additional Commissioner of Income Tax, (1997) 224 ITR 310 (SC), is of no avail. The ITAT had considered that judgment and analyzed the facts of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e mark per se does not confer an advantage upon the licensee or authorized user - under Section 40(2) of the Trade Marks Act, 1999 the benefit of such use accrues to the owner. This aspect too has been considered by a Division Bench of this Court and later affirmed in Formula One World Championship Ltd. v. CIT, [2017] 390 ITR 199 (Delhi). For the above reasons, there is no merit in this appeal; i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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