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    <title>2026 (5) TMI 1317 - ITAT KOLKATA</title>
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    <description>Compensation received under a settlement for withdrawing pending suits, claims and litigation, where the assessee had only a mere right to sue and no subsisting transferable right in the property, was treated as a capital receipt and not as capital gains or business income. The tribunal noted that compensation for sterilisation of a profit-making apparatus is capital in nature and that the amendment to section 28(ii)(e) operates prospectively from assessment year 2019-20. The protective addition was also deleted because the balance settlement amount belonged to other co-venturers who had received and accounted for their shares, not to the assessee.</description>
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      <description>Compensation received under a settlement for withdrawing pending suits, claims and litigation, where the assessee had only a mere right to sue and no subsisting transferable right in the property, was treated as a capital receipt and not as capital gains or business income. The tribunal noted that compensation for sterilisation of a profit-making apparatus is capital in nature and that the amendment to section 28(ii)(e) operates prospectively from assessment year 2019-20. The protective addition was also deleted because the balance settlement amount belonged to other co-venturers who had received and accounted for their shares, not to the assessee.</description>
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