1989 (9) TMI 88 - HC - Income Tax

Summary

Issues:
Whether the sum received as consideration for goodwill should be treated as capital gains for the purpose of the Income-tax Act, 1961.

Analysis:
The High Court of Bombay addressed the question of law regarding the treatment of a sum received for goodwill as capital gains under the Income-tax Act, 1961. The case involved the dissolution of a partnership firm where the goodwill was allotted to one partner, not the assessee. The agreement stated that the value of goodwill was fixed at Rs. 3,000 for stamp duty purposes. The court noted that the assessee did not receive the goodwill of the firm, and it was self-generated. The court rejected the argument that the shop remaining with the assessee had an element of goodwill, as there was no evidence of any cost incurred by the assessee for it. The court found that the provisions of section 49(1)(iii)(b) were not applicable in this case. The court emphasized that the partnership firm did not purchase the goodwill, and the deed of dissolution clearly stated that the goodwill remained with the assessee's brother. Therefore, the court concluded that the sum received for goodwill should not be treated as capital gains.

In conclusion, the court answered the question in the affirmative and in favor of the assessee. The court did not award any costs in this matter.