<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2024 (8) TMI 1622 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=463380</link>
    <description>HC held that amounts received by the assessee from a third party for not carrying out any activity in relation to its business are taxable as &quot;Profits and gains of business or profession&quot; under s.28(va)(a) and are not limited to non-compete fees. The court found the payments arose from a negative covenant (to cease commodity trading) rather than a transfer of business or transferable rights that would attract capital gains. The later-introduced s.28(ii)(e) did not apply, so the assessment treating the receipts as business income was upheld against the assessee and for the Revenue.</description>
    <language>en-us</language>
    <pubDate>Tue, 13 Aug 2024 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 28 Aug 2025 20:47:59 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=846517" rel="self" type="application/rss+xml"/>
    <item>
      <title>2024 (8) TMI 1622 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=463380</link>
      <description>HC held that amounts received by the assessee from a third party for not carrying out any activity in relation to its business are taxable as &quot;Profits and gains of business or profession&quot; under s.28(va)(a) and are not limited to non-compete fees. The court found the payments arose from a negative covenant (to cease commodity trading) rather than a transfer of business or transferable rights that would attract capital gains. The later-introduced s.28(ii)(e) did not apply, so the assessment treating the receipts as business income was upheld against the assessee and for the Revenue.</description>
      <category>Case-Laws</category>
      <law>Income Tax</law>
      <pubDate>Tue, 13 Aug 2024 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=463380</guid>
    </item>
  </channel>
</rss>