Section 55 of the income tax act

Tax queries 3244 views 5 replies
Are patents included in the purview of section 55, Cost of Acquisition ie. is it included in "trade mark or brand name associated with business", so that when we calculate LTCG in case of self generated pat​ents, is the COA taken to be NIL ?
Replies (5)

Yes, COA will be NIL

Hi Yogesh,

Thanks for the reply but I further want to know how reached the conclusion that COA will be NIL, Section 55 states that only trade marks and brand names of a business are eligible, so is it specifically  mentioned somewhere in the law ?

Originally posted by : Yogesh Bhandari

Yes, COA will be NIL

Hi Yogesh, Thanks for the reply but I further want to know how reached the conclusion that COA will be NIL, Section 55 states that only trade marks and brand names of a business are eligible, so is it specifically  mentioned somewhere in the law
?

Hello,

As per the amendment in Sec 55(2) of income tax act the cost of acquisition of certain assets is to be taken as NIL if there original cost cannot be determined or cost of acquisition of self generated assets are to be taken as NIL.The following are the some of mentioned assets:-

(i) Goodwill of a business. 
(ii) Trademark or brand name associated with the business; 
(iii) right to manufacture, produce or process any article or thing
 (iv) right to carry on any business; 
 (v) tenancy rights; 
 (vi) route permits; 
 (vii) loom hours.
 
Your case falls in the category of clause iii as patents is nothing but the right to manufacture, produce or process any article or thing.
 
So Cost of acquisition in your case is to be taken as NIL .
Originally posted by : Amber Jain

Hello,

As per the amendment in Sec 55(2) of income tax act the cost of acquisition of certain assets is to be taken as NIL if there original cost cannot be determined or cost of acquisition of self generated assets are to be taken as NIL.The following are the some of mentioned assets:-

(i) Goodwill of a business. 

(ii) Trademark or brand name associated with the business; 

(iii) right to manufacture, produce or process any article or thing

 (iv) right to carry on any business; 

 (v) tenancy rights; 

 (vi) route permits; 

 (vii) loom hours.

 

Your case falls in the category of clause iii as patents is nothing but the right to manufacture, produce or process any article or thing.

 

So Cost of acquisition in your case is to be taken as NIL .

Thanks a lot ambersmiley


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