Compensation received for the mere loss of profits will be a revenue receipt, while the compensation received for the loss of a source of income would be capital receipt

CIT, Tiruchy Vs P L Chemical Limited (Madras High Court)- The contract entered into led to the loss of source of income in the ordinary course of business. As rightly pointed out by the Tribunal, the assessee’s business hitherto till 1995 to market its products and its brand name, thus no longer available in toto, the non-compete fee thus received by the assessee, assumes the character of capital, which cannot be assessed under the provisions of the Act. In the circumstances, applying the decision of the Supreme Court reported in [2011] 332 ITR 602 (Guffic Chem P. Ltd. Vs. C.I.T., Belgau...