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PGBP & CAPITAL GAINS

Direct Taxation

"As per section 2(14), a capital asset includes intangible assets such as licenses and goodwill. However, profits or gains arising from the sale of an "import license" are treated as income under the head PGBP. This raises the question of why it is not considered a capital asset and whether the sale is not treated as a "transfer". Clarify


anandhu ks

anandhu ks

CA Inter

★ 2K+

06-Mar-23 10:55

767

Answers (6)

Because license has been imported for doing business so that's why I think it will be taxable under pgbp


sushma verma

sushma verma

CA Inter

★ 170

06-Mar-23 11:33

sushma verma

Because license has been imported for doing business so that's why I think it will be taxable under pgbp

Sorry... generally License is issued by the respective authorities of India it is not "imported" from outside (to my knowledge)


Thread Starter

anandhu ks

anandhu ks

CA Inter

★ 2K+

06-Mar-23 12:43

Thread Starter

anandhu ks

Sorry... generally License is issued by the respective authorities of India it is not "imported" from outside (to my knowledge)

My mistake....I mean that if the firm will sold the import license.....which he uses for their business so it's income will come under the head pdbp....


sushma verma

sushma verma

CA Inter

★ 170

06-Mar-23 12:46

Sec 28(iiia) states - profit on sale of license granted under the Imports (Control) Order, 1955, made under the Imports and Exports (Control) Act, 1947 is chargeable to tax under PGBP


Sudha Reddy

Sudha Reddy

CA Final

★ 20K+

07-Mar-23 15:02

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