https://www.taxtmi.com/caselaws?id=164974 Sales of goods marketed under the brand name "Sansui" were treated as potentially falling within section 5(2) of the Kerala General Sales Tax Act, 1963, because the seller was entitled to use the brand in India and actually sold the goods under that brand; the plea that it was not the exclusive brand owner did not by itself exclude assessment. The assessment nevertheless required fresh scrutiny on whether the holding company's first sale to the subsidiary was a genuine first sale at normal wholesale margins, since ordinary margins could preserve that first sale, while unusually high margins could justify brand-name assessment. The matter was remitted for fresh assessment with relevant turnover details to be examined and credit to be given for tax already collected and remitted by the holding company if section 5(2) was again applied. en-us Tue, 25 May 2010 00:00:00 +0530 Mon, 06 Oct 2014 12:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164974 Sales of goods marketed under the brand name "Sansui" were treated as potentially falling within section 5(2) of the Kerala General Sales Tax Act, 1963, because the seller was entitled to use the brand in India and actually sold the goods under that brand; the plea that it was not the exclusive brand owner did not by itself exclude assessment. The assessment nevertheless required fresh scrutiny on whether the holding company's first sale to the subsidiary was a genuine first sale at normal wholesale margins, since ordinary margins could preserve that first sale, while unusually high margins could justify brand-name assessment. The matter was remitted for fresh assessment with relevant turnover details to be examined and credit to be given for tax already collected and remitted by the holding company if section 5(2) was again applied. Case-Laws VAT and Sales Tax Tue, 25 May 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164974