Dismissing the appeal of the revenue the Court held that both the receipts, i. e., the non-compete fee and the payment received towards assignment of trademark were disclosed by the assessee in his return for the assessment year in question 1995-96. With the trademark being “self-generated” and not acquired for consideration, the cost of acquisition of the trademarks could not be substituted as the market value as on April 1, 1981 so as to attract tax on “capital gains”. The view taken by the Assessing Officer on the nature of the non-compete fee and the consideration for assignment of trademark was a plausible one. The Commissioner ought not to have exercised his jurisdiction under section 263 .( AY.1995 -96)