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Taxability of non compete fees, Income Tax

Issue Id: - 1362
Dated: 20-7-2009
By:- pankaj jhawar

Taxability of non compete fees


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How the non compete fees is taxable? wheher the same can be amortised. What are the relevant case law and section for the same.

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1 Dated: 21-7-2009
By:- Rama Krishana

Non-compete fee may be treated as capital receipt. But the situation and terms of the contract may determine the nature of income actually. You may refer decision of high court as cited : 2008 TMI - 30972 - MADHYA PRADESH HIGH COURT.


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