2016 (7) TMI 575 - HC - Income Tax

Applacability of provisions of section 28(iv) - non-compete fees receipt - Held that - The issue is covered by the decision of the Apex Court in the case of Guffic Chem (P.) Ltd. v. Commissioner of Income-tax 2011 (3) TMI 6 - Supreme Court wherein held that it is well settled that a liability cannot be created retrospectively. In the present case, compensation received under Non-Competition Agreement became taxable as a capital receipt and not as a revenue receipt by specific legislative mandate vide Section 28(va) and that too with effect from 1.4.2003. Hence, the said section 28(va) is amendatory and not clarificatory - Appellate Tribunal right in holding that provisions of section 28(iv) are not applicable in the case of assessee - Decided in favour of assessee

Summary

Issues:
1. Interpretation of section 28(iv) of the Income-tax Act.
2. Taxability of non-compete fees received by the assessee.
3. Eligibility of non-compete fees for deduction under section 80-HHC.

Analysis:

Issue 1: Interpretation of section 28(iv) of the Income-tax Act
The High Court framed substantial questions of law regarding the applicability of section 28(iv) of the Income-tax Act. The Tribunal had allowed the appeal of the assessee by holding that section 28(iv) was not applicable to the case. The appellant challenged this decision, arguing that the issue fell within the scope of section 28(iv). However, the respondent relied on the decision of the Apex Court in a similar case to support their position that the compensation received under a non-competition agreement should be treated as a capital receipt. The High Court, after considering the arguments and the relevant legal precedents, dismissed the appeals preferred by the revenue, concluding that the issue was squarely covered by the decisions of the Apex Court.

Issue 2: Taxability of non-compete fees received by the assessee
The case involved the taxation of non-compete fees received by the assessee. The Assessing Officer had taxed the amount of non-compete fees under section 45 r.w.s. 55(2) of the Income-tax Act. The Commissioner of Income-tax (Appeals) had upheld this decision, applying section 28(iv) of the Act. However, the Tribunal allowed the appeal of the assessee, holding that section 28(iv) was not applicable in this case. The High Court, considering the legal interpretations and precedents, upheld the Tribunal's decision, stating that the compensation received under a non-competition agreement should be treated as a capital receipt and not taxable as a revenue receipt.

Issue 3: Eligibility of non-compete fees for deduction under section 80-HHC
Regarding the eligibility of non-compete fees for deduction under section 80-HHC, the High Court allowed the appeal of the assessee in Tax Appeal No. 800 of 2013. The court cited the decision given in other tax appeals related to the same issue and answered the questions in favor of the assessee. As a result, the second question related to the deduction under section 80-HHC became infructuous due to the decision made in the first question.