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    <title>2010 (7) TMI 11 - Supreme Court</title>
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    <description>SC held that liquidated damages calculated under the contract for delay in delivery of plant machinery were compensatory for sterilization of a capital asset and not revenue in nature. The court found the damages were tied to delayed procurement of the cement plant, affecting the profit-earning apparatus, and thus constituted a capital receipt. The High Court&#039;s conclusion that the amount received (Rs.8,50,000) was capital in nature was affirmed, and the appeal was dismissed with no order as to costs.</description>
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      <link>https://www.taxtmi.com/caselaws?id=76690</link>
      <description>SC held that liquidated damages calculated under the contract for delay in delivery of plant machinery were compensatory for sterilization of a capital asset and not revenue in nature. The court found the damages were tied to delayed procurement of the cement plant, affecting the profit-earning apparatus, and thus constituted a capital receipt. The High Court&#039;s conclusion that the amount received (Rs.8,50,000) was capital in nature was affirmed, and the appeal was dismissed with no order as to costs.</description>
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