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The short issue involved in this appeal is whether or not the transaction of purchase of trademark from one Shri. D. Satish Babu for a consideration of Rs.3,48,00,000/- is genuine. There is no dispute that Shri. D. Satish Babu is a owner of trademark ''Univercell'' as the trademark ''Univercell'' is registered under the name of Shri. D. Satish Babu by the Government of India and this trademark was purchased by the appellant for a consideration of Rs. 3,48,00,000/- , and the said consideration was paid on 15.02.2007. Ld. Assessing Officer had doubted the genuineness of the transaction.

Shanti Prime Publication Pvt. Ltd.

Section 32 of the Income Tax Act, 1961 — Depreciation — So far as commercial expediency is concerned, it was not open to AO to question necessity of incurring an Expenditure as he could not step into the shoes of assessee to determine as to how business activities were to be conducted. Assessee engaged in trading and distribution of mobile phones and accessories acquired trademark from another concern, its claim for depreciation in respect of same could not be rejected on ground that agreement acquire trademark was entered into post dated stamp — Indus Mobile Distribution P. Ltd. vs. Income Tax Officer [2019] 179 ITD 71 (Chennai-trib)

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