in a profession - if assessee purchased goodwill (Rs 500000) and later he sold his profession and goodwill sold for rs 800000 then what will cost of acquisition and capital gain ?
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 30 March 2010
As here goodwill is purchase and not generated one, i think all the normal capital gain on an asset will be followed...
Ratan Deep Saxena
(Asstt Manager (Accounts & Finance))
(2998 Points)
Replied 30 March 2010
For the purposes of sections 48 and 49, "cost of acquisition", - (a) In relation to a capital asset, being goodwill of a business, or a right to manufacture, produce or process any article or thing, tenancy rights, stage carriage permits or loom hours,
- (i) In the case of acquisition of such asset by the assessee by purchase from a previous owner, means the amount of the purchase price;
and (ii) In any other case [not being a case falling under sub-clauses (i) to (iv) of sub-section (1) of section 49], shall be taken to be nil.
regards,
ratan
Max Payne
(employed)
(2569 Points)
Replied 30 March 2010
Dear Vikash,
Agree with above answers.. the cost wil be the purchase price...
The capital gain should be computed normally...
Also since you have highlighted the word profession,
U should see that the cost of goodwill (other than purchased goodwill) of a business is deemed NIL, as per sec 55
but goodwill of a profession is excluded, and so the CG taxing mechanism would fail..
Piyush Jain
(CA)
(283 Points)
Replied 30 March 2010
Vikash, Goodwill of profession is Exempt from Cap Gain.
Wonder how goodwill of a profession could ever be valued.
regards
Piyush
anshul bafna
(student)
(522 Points)
Replied 31 March 2010
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