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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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One Response to “CIT vs. Narendra Desai (Bombay High Court)”

  1. archives » Blog Archive » Rohitsava Chand vs. CIT (Delhi High Court) Says:

    [...] also: CIT vs. Narendra Desai (Bom) and Saurabh Srivastava vs. DCIT (Del) (SB). Posted in All Judgements, High Court [...]