Non compete fees chargeable to tax as Business Income, not as Capital Gain

PrintPDF

INCOME TAX APPELLATE TRIBUNAL, MUMBAI

ITA No.3221/Mum/2011 – (Assessment Year: 2007-08)

Shri Rakesh Dungarmal Tainwala Vs. DCIT

Date of Pronouncement: 19.06.2012

Learned counsel for the assessee fairly submitted that identical issue has come up in the case of Ramesh D. Tainwala in ITA No. 3853/Mum/2010 wherein the ITAT “D” Bench Mumbai concluded that provisions of section 28(va)(a) would apply and consequently the amount received by that assessee would be chargeable to tax as business income and not under the head capital gains. The learned counsel for the assessee admitted that despite the case of the assessee that non-compete fees is assessable to tax under the head ‘Long Term Capital Gains’, in the light of the aforesaid decision the issue stands covered against the assessee.