2010 (2) TMI 861

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ion as filed by the assessee stands allowed, application of the assessee stands allowed. [B.C. Srinivasa Setty(1981 - TMI - 5845 - SUPREME Court)]
G.E. Veerabhadrappa, George Mathan, JJ. D.D. Vyas with Rupesh Jain for the Appellant Anusha Khurana for the Respondent ORDER George Mathan, Judicial Member:- 1. This miscellaneous application has been filed by the assessee against the order of this Tribunal in ITA Nos. 2147/Del/2003, 3185/Del/2008 and 2101/Del/2003 for the asst. yr. 1999-2000 dt. 8th May, 2009. In the present miscellaneous application, the assessee has pointed out that at p. 21 of the order, the para has been marked as 11 whereas the para should be marked as 11A insofar as para 11 is at p. 17 of the order. It was also .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ative represented for the Revenue. It was the further submission by the learned Authorised Representative that the Revenue has filed an appeal against the order of this Tribunal in respect of the decision of the Tribunal in holding that the sale of trade mark and design were not liable to be taxed under the head business. It was the submission that the issue whether the capital gain is leviable on the transfer of trade mark and design was not challenged in the appeal by the Revenue before the Hon'ble High Court. 2. In reply the learned Departmental Representative vehemently supported the order of the Tribunal. It was the submission that there was no error in para 11 to be read as para 11A at p. 21 of the order of this Tribunal except for .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to the agreement only specifies the consideration in respect of the sale and the cost was nowhere determined nor determinable, the direction given in para 11 of the order no more survives as the decision of the Hon'ble Supreme Court in the case of B.C. Srinivasa Setty (supra) applies with all force to the facts of the assessee's case. In these circumstances, it is accepted that the error has crept into the order of this Tribunal insofar as the unworkable direction has been given in para 11A and consequently, the order of this Tribunal stands modified and the para 11A starting with the words "as s. 2(42)" and ending with the words "the various trade marks" stands expunged. In these circumstances, the miscellaneous application as filed by the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X