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    <description>Discounts reflected as the difference between purchase cost and sale price on goods sold through the assessee&#039;s portal were held not to constitute capital expenditure for acquisition/creation of marketing intangibles such as brand value or goodwill; the discounting was treated as a revenue outgo and the Revenue&#039;s grounds treating it as an intangible asset were dismissed. ESOP cross-charge paid to the holding company was held to be a non-contingent business expenditure allowable as a revenue deduction under s. 37(1). Reimbursement of such ESOP cross-charge was held not to attract withholding under s. 195; consequently, disallowance under s. 40(a)(i) was held inapplicable.</description>
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      <description>Discounts reflected as the difference between purchase cost and sale price on goods sold through the assessee&#039;s portal were held not to constitute capital expenditure for acquisition/creation of marketing intangibles such as brand value or goodwill; the discounting was treated as a revenue outgo and the Revenue&#039;s grounds treating it as an intangible asset were dismissed. ESOP cross-charge paid to the holding company was held to be a non-contingent business expenditure allowable as a revenue deduction under s. 37(1). Reimbursement of such ESOP cross-charge was held not to attract withholding under s. 195; consequently, disallowance under s. 40(a)(i) was held inapplicable.</description>
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