Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
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Transfer of 22 self-generated registered trademarks was held to be a transfer of intangible assets distinct from goodwill, so proceeds did not attract capital gains computation under sections 48 and 55 because no ascertainable cost of acquisition existed; the 2001 amendment to the definition of cost of acquisition for trademarks was held prospective from 01.04.2002 and inapplicable. Revenue's attempts to characterise the receipt as business income or recoupment were rejected on the facts, and adoption of a DCF valuation did not alter legal character. The claimed short-term capital loss was allowed in view of applicable precedent; the Tribunal's conclusions were upheld and appeals dismissed.
Transfer of 22 self-generated registered trademarks was held to be a transfer of intangible assets distinct from goodwill, so proceeds did not attract capital gains computation under sections 48 and 55 because no ascertainable cost of acquisition existed; the 2001 amendment to the definition of cost of acquisition for trademarks was held prospective from 01.04.2002 and inapplicable. Revenue's attempts to characterise the receipt as business income or recoupment were rejected on the facts, and adoption of a DCF valuation did not alter legal character. The claimed short-term capital loss was allowed in view of applicable precedent; the Tribunal's conclusions were upheld and appeals dismissed.
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