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    <description>Consideration for assignment of self-generated trademarks, brand name and goodwill was treated as outside capital gains for the relevant year because the assets had no ascertainable cost of acquisition and the statutory amendment bringing trademarks and brand names within section 55(2)(a) applied prospectively from 1 April 2002. On the facts, the receipt was also not taxable as business income under section 28(iv) or as a deemed benefit under section 41(1). The claim for short-term capital loss was upheld on the basis of binding precedent, and the Tribunal&#039;s view was sustained.</description>
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