Composite consideration for share transfer and non-compete cannot be split up to tax non compete separately – ITAT Mumbai

CIT Vs. Savita N. Mandhana (ITAT Mumbai)- There is no dispute that the assessee has already included entire consideration for sale of shares, including what could be attributed to non compete obligations, as capital gains. In this view of the matter, the exercise of bifurcation between consideration attributable to sale of shares and for non compete obligations is rendered academic and infructuous.

We may also add that it is not even in dispute that the assessee before us was not actively engaged in the business and so far as the a

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