Supreme Court · 2020 INSC 461 · Decided 22 July 2020

Shiv Raj Gupta v. Commissioner of Income-Tax, Delhi-Iv

Court
Supreme Court of India
Citation
2020 INSC 461 · [2020] 5 S.C.R. 874
Case number
CIVIL APPEAL No. 12044/2016
Decided
22 July 2020
Bench
R.F. NARIMAN, NAVIN SINHA, BHUSHAN RAMKRISHNA GAVAI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 28(ii)(a), 260

Headnote

Income Tax Act, 1961 - ss.28(ii)(a) and 260-A - Payment made as non-competition fee - Taxability of - Appellant was the chairman and Managing director of a Company-CDBL - A SWC group entered into a MOU with the appellant and paid the entire sale for the said Company-CDBL - Consequent to which, appellant handed over physical possession, management and control of the said brewery and distillery of CDBL - By a deed of Covenant, Rs. 6.6 crores was paid by SWC to the appellant as non-competition fee for not carrying on

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