Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
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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