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    <title>1978 (7) TMI 36 - BOMBAY High Court</title>
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    <description>Monthly payments received under a Government order following abolition of an allowance were held to be taxable income, not capital compensation. The Court distinguished the statutory scheme for compensation under section 15(1) from the separate compassionate-payment proviso, noting that the assessee received relief under the latter because of personal circumstances rather than as statutory compensation for extinction of a vested capital right. Once sanctioned, the order created an enforceable source of receipt, bringing the recurring payments within the inclusive definition of income under section 2(24) of the Income-tax Act, 1961. Authorities treating comparable receipts as capital were distinguished because they arose under materially different provisions.</description>
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    <pubDate>Fri, 28 Jul 1978 00:00:00 +0530</pubDate>
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      <title>1978 (7) TMI 36 - BOMBAY High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=37168</link>
      <description>Monthly payments received under a Government order following abolition of an allowance were held to be taxable income, not capital compensation. The Court distinguished the statutory scheme for compensation under section 15(1) from the separate compassionate-payment proviso, noting that the assessee received relief under the latter because of personal circumstances rather than as statutory compensation for extinction of a vested capital right. Once sanctioned, the order created an enforceable source of receipt, bringing the recurring payments within the inclusive definition of income under section 2(24) of the Income-tax Act, 1961. Authorities treating comparable receipts as capital were distinguished because they arose under materially different provisions.</description>
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      <pubDate>Fri, 28 Jul 1978 00:00:00 +0530</pubDate>
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