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    <title>2007 (12) TMI 471 - BOMBAY HIGH COURT</title>
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    <description>The Tribunal held that the amount received by the assessee under a restrictive covenant was a capital receipt and not liable to tax. The Tribunal found that the amendment introducing taxation on non-compete fees was not applicable for the relevant year. Additionally, as the cost of acquisition was nil and based on a CBDT instruction, the receipt did not attract capital gains tax. The Court upheld the Tribunal&#039;s decision, dismissing the appeal and confirming that the amount was not taxable and did not incur capital gains for the relevant assessment year.</description>
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    <pubDate>Tue, 04 Dec 2007 00:00:00 +0530</pubDate>
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      <title>2007 (12) TMI 471 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=177213</link>
      <description>The Tribunal held that the amount received by the assessee under a restrictive covenant was a capital receipt and not liable to tax. The Tribunal found that the amendment introducing taxation on non-compete fees was not applicable for the relevant year. Additionally, as the cost of acquisition was nil and based on a CBDT instruction, the receipt did not attract capital gains tax. The Court upheld the Tribunal&#039;s decision, dismissing the appeal and confirming that the amount was not taxable and did not incur capital gains for the relevant assessment year.</description>
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      <pubDate>Tue, 04 Dec 2007 00:00:00 +0530</pubDate>
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