Chheda Housing Development Corporation v. ACIT ( 2019) 179 ITD 154/(2020) 191 DTR 289/ 205 TTJ 929 (Mum.)(Trib.), www.itatonline.org

S. 4 : Charge of income-tax-Capital or revenue-Right to sue- Damages received for breach of development agreement are capital in nature & not chargeable to tax. [S. 2(14), 45]

Tribunal held that the only right that accrues to the assessee who complains of breach is right to file a suit for recovery of damages from the defaulting party. A breach of contract does not give rise to any debt. A right to recover damages is not assignable because it is not a chose-in-action. Such a mere ‘right to sue’ is neither a capital asset u/s 2(14) nor is it capable of being transferred & is therefore not chargeable under u/s 45 of the Act. (ITA No. 86/Mum/2017, dt. 29.05.219)(AY. 2012-13)