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Showing posts from June, 2015

Product Interchange-ability In India

Factors determining product  interchangeability, with emphasis on radial and non radial tyres: Competition Act and product inter-changeability Product Inter-changeability is the substitutable capacity of a product, i.e. how far can a product be an alternative to another, thereby replacing it. Relevant factors that determine product inter-changeability are the price of products, type of demand satisfied, characteristics of the product, the intended use of the product and the like. The Competition Act, under section 19(7) provides factors to determine relevant product market. A relevant product market is a market wherein the products are substitutes to one another, from the consumer’s perception. Section 2(t) of the Act defines relevant product market as [1] :- “relevant product market” means a market comprising all those products or services which are regarded as interchangeable or substitutable by the consumer, by reason of characteristics of the products or services,

Business And Asset Transfer in India

Business Transfer: Process whereby an entire business undertaking is sold is known as slump sale. Another way to sell the business is through an itemised sale wherein, gain or loss on sale of such assets is computed based on whether the asset is depreciable or not and on the basis of the period of its holding. In a slump sale no individual asset or liability is given a value, as it is sold in lump-sum. It is executed through a Business Transfer Agreement. In such a transfer the earlier undertaking virtually ceases to exist.   Asset Transfer: Process whereby the assets of an undertaking are sold in one or over multiple agreements, each being taxable. It is executed through am Asset Transfer Agreement. S.N Points of Diffrence Business Transfer Asset Transfer 1.         Applicable Sales Tax Not applicable Applicable 2.         Capital Gain Calculated as per secti