CIT v. Computer Age Management Services (P.) Ltd. (2019) 267 taxman 146 (Mad.) (HC)

S. 37(1) : Business expenditure–Capital or revenue-Non-compete fee-Agreement was only for 18 months-Allowable as revenue expenditure.

Assessee is  engaged in business as Registrar and Transfer Agent licensed by SEBI. It entered into a non-compete agreement and the tenor of agreement was only 18 months. AO treated the payment as capital in nature. Tribunal allowed the claim as revenue in nature. On appeal by the revenue the Court held that it could not be stated that assessee derived any enduring benefit due to payment effected by it to said person for obtaining certain commitments and restricting himself from indulging in any competition with business of assessee or from weaving away employees. therefore, non compete fee had to be treated as a revenue expenditure.  Followed  Asianet Communications Ltd v CIT 2018) 407 ITR 706 (Mad) (HC) ( AY. 2014-15 )