Dismissing the appeal of the asessee the Court held that the ,the payment was made by assessee to SML towards non-compete fee and for other obligation and recitals imposed upon SML, i.e., obtaining permissions from financial institutions, obtaining approvals from governmental authorities, income tax authorities, indemnity towards other losses, if any, and maintenance of confidentiality about agreement as also all intellectual property and other data and information ,hence the payment was clearly for an enduring benefit and not just towards non-compete obligation and, thus, capital in nature .