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    <title>1997 (2) TMI 560 - ITAT MUMBAI</title>
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    <description>ITAT Mumbai held that consideration received by the assessee from its joint owner for surrender of rights in the jointly held trademark was a capital receipt, as the trademark was an intangible asset with no ascertainable cost of acquisition but acquired substantial value over time. The claim for technical know-how fees was remanded to the Assessing Officer to determine whether it improved existing processes (revenue) or created a new line of production (capital). Provision for trade guarantee was allowed as deductible, being based on a consistent and reasonable accounting method. Additional depreciation on specified office-type assets was disallowed, but depreciation on office furniture and assets was permitted notwithstanding non-commencement of factory operations. Bad debts written off were allowed, being based on sound commercial judgment.</description>
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    <pubDate>Wed, 12 Feb 1997 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=180588</link>
      <description>ITAT Mumbai held that consideration received by the assessee from its joint owner for surrender of rights in the jointly held trademark was a capital receipt, as the trademark was an intangible asset with no ascertainable cost of acquisition but acquired substantial value over time. The claim for technical know-how fees was remanded to the Assessing Officer to determine whether it improved existing processes (revenue) or created a new line of production (capital). Provision for trade guarantee was allowed as deductible, being based on a consistent and reasonable accounting method. Additional depreciation on specified office-type assets was disallowed, but depreciation on office furniture and assets was permitted notwithstanding non-commencement of factory operations. Bad debts written off were allowed, being based on sound commercial judgment.</description>
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