CIT v. Saeed Mustafa Shervani (2024)471 ITR 777 (Delhi) (HC)

S. 4 : Charge of income-tax-Capital or revenue-Amount received under non-compete agreement is capital receipt.[S. 28(i)]

Dismissing the appeal of the Revenue the Court held that the assessee had been restrained both directly and indirectly from undertaking any business which would compete with the business of WSIL. Clearly, for the period in which the non-compete agreement was to operate, which in this case was ten years, the assessee’s source of income had been clamped and, therefore, the compensation received by him  is a capital receipt. No substantial question of law. (AY. 1999-20)

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