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Issues Involved:
The issue involves the taxability of an amount received by the assessee from the former employer on voluntary retirement under section 17(3)(i) of the Income-tax Act. Summary: Facts: The assessee, a management and technical consultant, received an amount of Rs. 5,50,000 from his former employer upon voluntary retirement. The employer and the assessee had entered into an agreement where the assessee agreed to refrain from certain activities in consideration of the payment. Assessing Officer's Decision: The Assessing Officer held that the amount was taxable under the head 'Salaries' u/s 17(3)(i) of the Income-tax Act, as it included profit in lieu of salary and compensation received upon termination of employment. Commissioner of Income-tax (Appeals) Decision: The Commissioner of Income-tax (Appeals) reversed the assessment order, considering the receipt as a capital receipt due to a restrictive covenant between the assessee and the employer, which was not taxable. Appellate Tribunal Decision: The Appellate Tribunal upheld the decision of the Commissioner of Income-tax (Appeals), stating that the amount received was a capital receipt and not taxable under section 17(3)(i) of the Income-tax Act. The Tribunal emphasized that the provision did not cover voluntary retirement or resignation situations. Key Points: - The Tribunal highlighted that the legislative intent excluded situations like voluntary retirement from section 17(3)(i) and the subsequent amendment supported this exclusion. - The Tribunal relied on case law to support that a restrictive covenant payment is a capital receipt and not taxable under the Income-tax Act. - The Tribunal dismissed the appeal, affirming the non-taxability of the amount received by the assessee upon voluntary retirement. This summary provides a detailed overview of the judgment, focusing on the issues involved and the decisions made at different stages of the case.
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