Amount received under non-competing agreement–Held, Capital Receipt

RELEVANT PARAGRAPHS: 15. As a general proposition, it can be said that the payment for impairment of income earning apparatus, sterilization of a source of income would generally fall in the category of capital receipts. Compensation received for undertaking restrictive covenants of not competing with the business also generally fall in the category of capital receipts. The exception being a case, where such covenants are normal incident of carrying on business. An illustration of the case of exception would be a fee paid to an Advocate for not accepting brief of the opposite party. Such payme...