Goodwill amount

Tax queries 278 views 5 replies

Hi every one,

kindly advise me on the following.

i am approached by some petrol pump owners of PSUs asking advise  that if they give up the dealership given to them  for company owned petrol pumps (given to them  quite long  back )so that the company may appoint  a  new dealer at company owned pumps, and in exchange the new dealer offers  some amount to them  ,on account of facilitating, nominating and giving opportunity to the new dealer. Will this amount be taxable. if yes, under which category and what shall be the rate of tax. Obviously the existing dealer is willing to give up the dealership so that he may get some money and pave the path for the next fellow to come in. other wise the existing dealership would also continue, company has no right to remove them as they are existing dealers.

regards,

 

Rajesh

Replies (5)
There are many factors.
1. does the psu allow transferring of the right to the third party.
2. if yes there will be a lease agreement for a fixed agreement.
3.the person receiving the rights has to maintain proper books of accounts.
It is a case of surrender of dealership indirectly.

And in lieu of suuender or relinquishment of rights of dealership , iamount received will be considered for LTCG

And LTCG will be amount received minus cost of acquisition of dealership rights if any or NIL.

LTCG will be @ 20% + 4 % Cess

thanks for the response.

the replies point wise are

1. PSU will cancel agreement with first dealer and then give the franchisee to another one, who is suggested by the first dealer.

2. agreement is with exesting dealer. it will be cancelled and new agreement will be done with new delaer by the comapny.

 

regards

thanks for the quick response pl. regards

lease cannot be termed as capital asset.


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