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    <title>TREATMENT OF COMPENSATION ATTRIBUTABLE TO A NEGATIVE COVENANT UNDER INCOME TAX ACT, 1961</title>
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    <description>Compensation paid for an undertaking not to compete is treated as attributable to a negative covenant and, where it impairs a source of income, constitutes a capital receipt. The court held that impairment of a discrete income source is sufficient for capital character even if other business activities continue. Subsequently, legislation was introduced making sums received under non compete or know how restraint agreements taxable as business income, subject to limited proviso exceptions for capital transfers and certain international environmental compensation.</description>
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      <description>Compensation paid for an undertaking not to compete is treated as attributable to a negative covenant and, where it impairs a source of income, constitutes a capital receipt. The court held that impairment of a discrete income source is sufficient for capital character even if other business activities continue. Subsequently, legislation was introduced making sums received under non compete or know how restraint agreements taxable as business income, subject to limited proviso exceptions for capital transfers and certain international environmental compensation.</description>
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