Judgment

Kania, C.J.I.- This is an appeal from a judgment of the High Court at Bombay and it arises out of the opinion expressed by the High Court in respect of a question submitted to it by the Income-tax Tribunal. The material facts are these. The respondent is a textile mills company carrying on business of manufacturing and selling textile goods. For the assessment years 1943-44 and 1944-45, covering the accounting period ending with the calendar years 1941, 1942 and 1943, the respondent claimed the expenditure incurred by it in registering for the first time its trade marks which were not in use prior to 25-9-1937 as revenue expenditure and an allowable deduction out of its income for the said periods, under S. 10(2) (xv) Income- tax Act. Following the decision of the Bombay High Court in the Commissioner of Income-tax. Bombay v. Century Spinning and weaving and Manufacturing Co. Ltd., (1947) 15 1. T R. 105 (Bom.) the Tribunal allowed the claim of the assessee. At the desire of the appellant the Tribunal submitted the following question for the opinion of the High Court : "Whether, on the facts of the case, the expenditure incurred by the assessee company in registering for th