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    <title>2024 (7) TMI 635 - ITAT MUMBAI</title>
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    <description>The ITAT Mumbai held that non-compete fees received by the assessee constituted capital receipts rather than revenue receipts for the assessment year in question. The tribunal determined that section 28(va) amendment, which treats non-compete fees as revenue receipts, was not applicable to the year under consideration as it became effective from April 1, 2003. The legislative amendment was intended to clarify the treatment of non-compete fees as revenue receipts but only applied prospectively from A.Y. 2004-05. The CIT(A)&#039;s order treating the non-compete fee as capital receipt was upheld, and the Revenue&#039;s appeal was dismissed.</description>
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      <title>2024 (7) TMI 635 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=755415</link>
      <description>The ITAT Mumbai held that non-compete fees received by the assessee constituted capital receipts rather than revenue receipts for the assessment year in question. The tribunal determined that section 28(va) amendment, which treats non-compete fees as revenue receipts, was not applicable to the year under consideration as it became effective from April 1, 2003. The legislative amendment was intended to clarify the treatment of non-compete fees as revenue receipts but only applied prospectively from A.Y. 2004-05. The CIT(A)&#039;s order treating the non-compete fee as capital receipt was upheld, and the Revenue&#039;s appeal was dismissed.</description>
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