Khevana Securities & Finstocks Ltd. v. ITO (2022) 215 TTJ 775 /211 DTR 45 (Ahd) (Trib)

S. 4 : Charge of income-tax-Capital or Revenue-Cancellation of agreement-Right to sue-Compensation or damages for relinquishment of right in property-Avoid legal consequences-Not colourable device-Not taxable as revenue receipt. [S. 2(14),2(47), 25, 28(i), 45]

Held that the assessee is engaged in the activity of share trading and not in real estate activity, it cannot be held that the assessee was intending to acquire part of the commercial-cum-residential building from the developer JRPL as stock-in-trade and, therefore, the compensation received by the assessee from JRPL in lieu of relinquishment of right in the said property in terms of the relinquishment agreement is not chargeable to tax, transactions arranged by the assessee along with JRPL was cannot be said to be  colourable device. Accordingly the compensation received is not chargeable to tax.  Followed CIT v. Abbasbhoy A.Dehgamwalla & Ors  (1992) 195 ITR 28 / 101 CTR  425 (Bom) (HC), Bhojison Infrastructure (P) Ltd v. ITO (2018) 173 ITD 436 (Ahd)(Trib) (2011-12)