2003 (11) TMI 41 - HC - Income Tax

Assessee's Termination Receipt Classified as Capital: Key Factors and Precedents

The court determined that the sum received by the assessee on termination of distributorship, amounting to Rs. 8.6 lakhs, should be classified as a ... Capital/Revenue receipt - assessee has included a sum of Rs. 8.6 lakhs under the head 'Reserves and surplus'. The said sum was received by the assessee on termination of distributorship. - '(i) Whether, Tribunal is right in law in holding that the sum of Rs. 8.6lakhs received by the assessee and covered by the termination agreement cannot constitute the income of the assessee? - (ii) Whether, having regard to the existing provisions of section 28(ii)(c), the Tribunal is right in law in deleting the sum of Rs. 8.6 1akhs from the income of the assessee on the ground that the compensation received by the assessee is capital in nature?' questions referred are answered in affirmative and in favour of the assessee and against the Revenue. Issues:1. Whether the sum received by the assessee on termination of distributorship constitutes incomeRs.2. Whether the sum received should be treated as a capital or revenue receiptRs.Analysis:Issue 1: The first issue revolves around determining whether the sum of Rs. 8.6 lakhs received by the assessee on termination of distributorship should be considered as income. The assessing authority treated it as a revenue receipt, while the Tribunal considered it a capital receipt. The Tribunal's decision was based on the nature of the receipt and its connection to the termination agreement.Issue 2: The second issue delves into whether the sum of Rs. 8.6 lakhs should be classified as a capital or revenue receipt. The court analyzed the components of the total compensation received by the assessee, which included amounts for trained manpower, dealers/customers network, and loss of profits. The court referred to precedents like P.H. Divecha v. CIT and CIT v. T.I. and M Sales Ltd. to determine that if the termination of the agreement severs the link with the profit-making apparatus, the receipt is considered a capital receipt.The court found that in this case, the termination agreement led to the complete severance of the source of income, as the assessee relinquished control over trained manpower and customer network. This severance indicated that the payment received was a capital receipt, especially considering the impact on the assessee's profit-making structure. Additionally, the court noted the restrictive covenant entered into by the assessee, further supporting the capital nature of the receipt. Consequently, the court ruled in favor of the assessee, concluding that the termination significantly impaired the profit-making apparatus, making the receipt a capital one.