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march 2011

Supreme Court of India · 2011-03-16

Guffic Chem P.Ltd vs C.I.T,Belgaum & Anr

Citation / case number
AIR 2011 SC (SUPP) 153
Court
Supreme Court of India
Petitioner
Guffic Chem P.Ltd
Respondent
C.I.T,Belgaum & Anr
Author
S.H. Kapadia
Bench
Swatanter Kumar, K.S. Panicker Radhakrishnan, S. H. Kapadia

Judgment text excerpt

The Supreme Court held that a payment received under a non-competition agreement is classified as a capital receipt, not a revenue receipt, under the Income Tax Act, 1961. The Court distinguished between compensation for loss of agency, which is a revenue receipt, and compensation for a negative covenant, which is a capital receipt. The High Court's reversal of the Tribunal's decision was set aside, affirming the Tribunal's ruling that the `50 lakhs received by the assessee from Ranbaxy was not taxable.

Guffic Chem P.Ltd vs C.I.T,Belgaum & Anr · Niyam