https://www.taxtmi.com/caselaws?id=295149 A voluntary transfer of a trade mark by settlement deed without consideration is treated on the same footing as a gift for computing the period of holding under section 2(42A) read with section 49(1)(ii), so the previous owner's holding period is counted and the gain is characterised as long-term capital gain. Eligibility for deduction under section 54F depends on the factual position regarding ownership of residential property, including whether one of the assets is commercial in nature and whether the assessee owned more than one residential house on the transfer date; that issue requires fresh factual examination. en-us Wed, 31 Oct 2018 00:00:00 +0530 Fri, 21 May 2021 08:28:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295149 A voluntary transfer of a trade mark by settlement deed without consideration is treated on the same footing as a gift for computing the period of holding under section 2(42A) read with section 49(1)(ii), so the previous owner's holding period is counted and the gain is characterised as long-term capital gain. Eligibility for deduction under section 54F depends on the factual position regarding ownership of residential property, including whether one of the assets is commercial in nature and whether the assessee owned more than one residential house on the transfer date; that issue requires fresh factual examination. Case-Laws Income Tax Wed, 31 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295149