Non-Compete Agreement Receipts Classified as Capital Gain, Affecting Tax Treatment in Business Sale Over 36 Months.

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....Receipts of Non-Compete Agreement - capital gain or business receipt - The Non-Compete Agreement was part and parcel of the sale of the business and cannot be seen in isolation - the sale of assets(business) held by the Assessee in excess of 36 months - receipt was capital nature and it gave rise to long term capital gain.....