Receipt for agreeing to refrain from carrying on a competing business under a restrictive covenant is a capital receipt and is not chargeable to tax either as a revenue receipt or as a capital gain as ss. 28(va) and 55(2)(a) are prospective and do not apply to the year in question.
See also: Saurabh Srivastava vs. DCIT (ITAT Delhi SB)
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March 26th, 2008 at 6:21 pm
[...] also: CIT vs. Narendra Desai (Bom) and Saurabh Srivastava vs. DCIT (Del) (SB). Posted in All Judgements, High Court [...]