Trademark of a company

Page no : 2

Amit Kanunga (Article Assistant and Post Gradute) (644 Points)
Replied 21 March 2016

Okay then u must have to create bcoz it has a time gap.

so u must have to create such account of the head.

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Sahil (NA) (159 Points)
Replied 21 March 2016

But how can i deduct tds on such trademark fees payment. Bcoz it was paid by director not the company???

Amit Kanunga (Article Assistant and Post Gradute) (644 Points)
Replied 21 March 2016

i was not telling for trademark expense but professional fees to whom u pay.

Sahil (NA) (159 Points)
Replied 21 March 2016

Yes i am also asking for professional fees paid for trademark. Do i am supposed to deduct tds on that amt. it was paid paid by director.

Amit Kanunga (Article Assistant and Post Gradute) (644 Points)
Replied 21 March 2016

There is no need to deduct TDS u/s 1 94J where the amount of such sum or, as the case may be, the aggregate of the amounts of such sums credited or paid or likely to be credited or paid during the financial year by the aforesaid person to the account of, or to, the payee, does not exceed‑

(i) Rs. 30,000 in the case of fees for professional services referred to above.

(ii) Rs. 30,000 in the case of fees for technical services referred to above.

(iii) Rs. 30,000 in the case of royalty referred to above.

(iv) Rs. 30,000 in the case of non-complete fee referred to above.

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Amit Kanunga (Article Assistant and Post Gradute) (644 Points)
Replied 21 March 2016

So in ur case no need to deduct TDS.

Sahil (NA) (159 Points)
Replied 21 March 2016

But Amit they have raised two invoices one for Trademark registration amt Rs.24500/- and other invoice for terms and conditions of Company Rs.12,500/- the aggregate of which is 37,500/- and both bill is paid by director???

Amit Kanunga (Article Assistant and Post Gradute) (644 Points)
Replied 21 March 2016

But the Expenses Incurred is before the Incorporation of Company ?

Then it is not Liable for TDS.

Sahil (NA) (159 Points)
Replied 21 March 2016

yes. thankyou amit. but i was reading somehwere on google that the Professional fees for Trademark registration is also capitalized in the books.But you told me that only govt. fees is capitalized??? They have raised a bill in which they have mentioned the Govt. fees and their fees and Total Consoldiated amt of bill is Rs.44,500/- including govt. fees

Amit Kanunga (Article Assistant and Post Gradute) (644 Points)
Replied 21 March 2016

But if in Invoice th Biferacation is Given then the proper effect should be given else the whole amount is to be capotalized hence in ur case the bifercation is given so u only capitalized the Trademark amount only.

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Sahil (NA) (159 Points)
Replied 21 March 2016

Yeah but there was also this type of question raised in this forum by someone in 2013. and his question bifurication is provided with the two amounts shown differently in invoice. And Someone answered him that Whole amt should be capitalized inclcuding professional fees???