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    <title>1985 (11) TMI 5 - MADRAS High Court</title>
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    <description>The Tribunal ruled in favor of the assessee on all issues. The compensation received for relinquishing partnership rights was not taxable as revenue receipt or capital gains. The surplus from the disposal of the undertaking was not considered business income. The compensation components were reasonably allocated. No capital gains tax was applicable on retirement from partnership. Compensation for the restrictive covenant was deductible under section 37. The penalty under section 271(1)(c) was deemed unsustainable due to lack of contumacious conduct.</description>
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      <link>https://www.taxtmi.com/caselaws?id=25905</link>
      <description>The Tribunal ruled in favor of the assessee on all issues. The compensation received for relinquishing partnership rights was not taxable as revenue receipt or capital gains. The surplus from the disposal of the undertaking was not considered business income. The compensation components were reasonably allocated. No capital gains tax was applicable on retirement from partnership. Compensation for the restrictive covenant was deductible under section 37. The penalty under section 271(1)(c) was deemed unsustainable due to lack of contumacious conduct.</description>
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      <pubDate>Thu, 28 Nov 1985 00:00:00 +0530</pubDate>
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