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2010 (6) TMI 557 - AT - Income TaxRevenue or Capital expenditure - ld. counsel submitted that non compete fee was purely a revenue outgo since the advantage was only for a period of four years - . As against this, ld. D.R. submitted that assessee had acquired all rights for manufacturing, that too in a new line of business and hence the outgo was capital in nature - the cited decision of Hon'ble Apex Court would definitely come to the aid of the assessee on its contention that the outgo should be treated as deferred revenue in nature and hence allowable over a period of four years prorate In the result Assessing Officer is directed to allow the claim of expenses on account of non-compete fee paid spread over a period of four years starting from the impugned assessment year - Appeal of assessee is partly allowed
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