https://www.taxtmi.com/caselaws?id=121434 Transfer of trademarks, designs and brand names is analysed as a transfer of capital assets, so the consideration is taxable under capital gains rather than as business income, and it is not treated as a non-taxable capital receipt. The commentary also states that where the cost of acquisition of self-generated intangibles is genuinely indeterminable, long-term capital gains computation cannot be applied, while a later deeming amendment treating such cost as nil is prospective. It further notes that only expenditure actually incurred wholly and exclusively for the transfer is deductible, so a claimed stamp duty amount not paid or incurred is not allowable. en-us Fri, 08 May 2009 00:00:00 +0530 Mon, 30 Jul 2012 15:57:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=121434 Transfer of trademarks, designs and brand names is analysed as a transfer of capital assets, so the consideration is taxable under capital gains rather than as business income, and it is not treated as a non-taxable capital receipt. The commentary also states that where the cost of acquisition of self-generated intangibles is genuinely indeterminable, long-term capital gains computation cannot be applied, while a later deeming amendment treating such cost as nil is prospective. It further notes that only expenditure actually incurred wholly and exclusively for the transfer is deductible, so a claimed stamp duty amount not paid or incurred is not allowable. Case-Laws Income Tax Fri, 08 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=121434