https://www.taxtmi.com/caselaws?id=70587 Appellate enhancement cannot introduce a new source of income or a distinct taxability theory that was not examined by the assessing authority; on that basis, treating the agreements as sham and enhancing the assessment was without jurisdiction. A receipt arising from a continuing professional source under an integrated restrictive arrangement remains revenue in character where it forms part of consideration for ongoing services. The separate accounting treatment did not change the real nature of the transaction, and the amount was treated as constructively received on the surrounding facts. Accordingly, the enhancement failed, but the addition of Rs. 50,000 was sustained as taxable income. en-us Wed, 22 Sep 1982 00:00:00 +0530 Mon, 18 Apr 2011 10:51:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=70587 Appellate enhancement cannot introduce a new source of income or a distinct taxability theory that was not examined by the assessing authority; on that basis, treating the agreements as sham and enhancing the assessment was without jurisdiction. A receipt arising from a continuing professional source under an integrated restrictive arrangement remains revenue in character where it forms part of consideration for ongoing services. The separate accounting treatment did not change the real nature of the transaction, and the amount was treated as constructively received on the surrounding facts. Accordingly, the enhancement failed, but the addition of Rs. 50,000 was sustained as taxable income. Case-Laws Income Tax Wed, 22 Sep 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=70587