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.