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Method Selection Under VS 302: Eight Assets and Their Valuation Methods

A trademark, a domain name, proprietary technology, customer contracts, a non-compete, a workforce, bought software and regulated licences — one method each.

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Topic
IBC Insolvency
Published
September 7, 2026
Last updated
Sep 26, 2026
Reading time
4 min
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Last updated: September 2026Verified against: Government sources

The mapping

AssetMethod
A well-established trademark that differentiates products and has a loyal customer baseRelief-from-Royalty Method / Multi-Period Excess Earnings Method
A domain name highly relevant to the business with a strong online presenceGuidelines Transaction Method
Proprietary technology that improves manufacturing processes and is essential to the competitive edgeRelief-from-Royalty Method / Multi-Period Excess Earnings Method
Acquired customer contracts providing predictable revenue over several yearsMulti-Period Excess Earnings Method
An agreement with a key employee restricting them from working with competitorsWith-and-Without Method
A group of skilled workers trained for unique processesReplacement Cost Method
Software purchased from a third partyReplacement Cost Method
Licences to operate in regulated industriesRelief-from-Royalty Method
The logic behind each method selection

Four principles do all the work here.

Licensable assets go to relief from royalty. Trademarks, technology and regulated licences are all things a third party would pay to use, so a royalty rate exists or can be constructed. That is why three of the eight land there.

Only one asset can take the MEEM. Note that (a), (c) and (d) all list it — but the method values the primary intangible asset of the business, and running it on two assets against the same cash flows causes double counting of cash flow as well as issues related with 'cross charging'. The alternatives are offered so that whichever asset is primary takes MEEM and the others take a different route.

Tradeable assets go to the market approach. The domain name is the only one mapped to the guidelines transaction method, and for good reason: domains are bought and sold openly, so a guideline intangible asset genuinely exists. For every other asset here, intangible assets are often purchased "bundled" and no separate price is observable.

Replicable assets go to replacement cost. The workforce and the bought-in software both pass the three cost approach criteria — they can be recreated, nothing legally prevents it, and it can be done quickly enough that no premium attaches to immediate use.

The non-compete is the outlier, and necessarily so. It produces no revenue and cannot be licensed; its whole value is the harm it prevents, which only with and without can measure.

The one asset that cannot be recognised

Item (f) — a group of skilled workers who are trained specifically for its unique processes and operations — is mapped to a valuation method even though it cannot be identifiable as an intangible asset.

That is not a contradiction. The workforce must be valued to compute its contributory asset charge in the MEEM applied to the primary intangible, even though it will never appear as a separate line on the balance sheet.

Working the method selection through

  1. Identify which intangible is primary — that one takes the MEEM.
  2. Ask of each remaining asset whether it could be licensed; if so, relief from royalty.
  3. Ask whether comparable assets trade separately; if so, a market method.
  4. Ask whether it could be rebuilt quickly and lawfully; if so, replacement cost.
  5. For a restriction rather than a right, use with and without.

Common mistakes in method selection

  • Applying MEEM to more than one intangible in the same allocation.
  • Using a market method where no separate price was ever observed.
  • Valuing a licensable asset at its build cost.
  • Omitting the workforce because it is not recognisable, and understating the contributory charge.
Quick recapKey facts & short answers

Key Facts About Method Selection

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

How is a well-established trademark valued?

By the relief-from-royalty method or the multi-period excess earnings method.

How is a domain name valued?

By the guidelines transaction method.

Method Selection: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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About the author
7,431 articles
Vikas Sharma Verified expert Tax & Compliance Expert

Experienced in company registration, GST, trademark, and compliance. Helping Indian businesses stay compliant.

Last reviewed: Live

Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

By the relief-from-royalty method or the multi-period excess earnings method.

By the guidelines transaction method.

By the relief-from-royalty method or the multi-period excess earnings method.

By the multi-period excess earnings method.

By the with-and-without method.

Both by the replacement cost method. Licences to operate in regulated industries are valued by the relief-from-royalty method.