Transfer of right to carry on business by transferee carrying on business would be taxable as capital gain

Advertisement Brief of the case: The ITAT Mumbai in the case of Monsanto India Limited held that when the assessee at the time of transfer of business agrees for a consideration not to carry on same line of business for a certain period of time , then such an arrangement is definitely a transfer(surrender) of right to carry on business . Such right being capital asset would result in capital gain as result of transfer thereof. Henceforth , in such an arrangement the transaction cannot be taxed as business income u/s 28(va). Further, since the right to transfer accrues from commencement of ...