2008 (8) TMI 460 - HC - Income Tax

Assessee carried business of cable T.V. operations and was running cable T. V. network as sole proprietor - The assessee sold/transferred his business as a going concern and entered into a non-compete agreement and got some consideration - payment received under the agreement was not offered to tax by assessee and was claimed as capital receipt tribunal held in favour of the assessee that there was no transfer of the goodwill held that impugned amount received for not competing with the purchaser company in future in the suburbs cannot be made taxable under the heading Capital gain .

Summary

Issues:
Taxability of amount received by a cable operator for not competing with the purchaser in the future.

Analysis:
The case involved the taxability of an amount received by a cable operator for not competing with the purchaser in the future. The operator had sold/transferred his cable TV business to a company and agreed not to compete within the territory of Mumbai suburbs. The operator received Rs. 11 lakhs under the second agreement, which he claimed as a capital receipt and not offered to tax. The Assessing Officer treated the entire amount received as long-term gain. The Commissioner of Income-tax (Appeals) upheld this decision, leading the operator to appeal to the Tribunal.

The Tribunal ruled in favor of the operator, stating that the amount was received due to the restriction and negative covenant not to compete with the company. The Tribunal cited precedents to support its decision. The Revenue appealed the Tribunal's decision, arguing that the amount was for the transfer of goodwill and should be taxed. However, the High Court disagreed with the Revenue's argument, upholding the Tribunal's decision. The Court found that the amount was received for not competing with the purchaser in the future, not for the transfer of goodwill. The Court accepted the Tribunal's finding that there was no evidence the agreement was sham and that the amount was indeed for refraining from future competition.

In conclusion, the High Court held that the amount of Rs. 11 lakhs was received by the operator for not competing with the purchaser in the future within the Mumbai suburbs. The Court rejected the Revenue's argument that the amount was for the transfer of goodwill. The Court upheld the Tribunal's decision and ruled in favor of the operator, dismissing the Revenue's appeal.