DCIT, Circle - 35, Kolkata vs. M/S. Kolkata Port Trust, Kolkata
In the result, all the appeals of the assessee are partly allowed and COs of the assessee are dismissed and all the appeals of the revenue are dismissed
ITA 453/KOL/2018[2014-15]Status: DisposedITAT Kolkata21 Feb 2020AY 2014-15
Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]
Section 271(1)(c)Section 274
…imed by the appellant from the tenants/lessees/occupiers with whom the terms were not settled could not be considered to be capital receipt, not liable to tax. In this regard the observations of the Madras 'High Court in the case of CIT v. P. MariappaGounder (164 ITR 676) is relevant, which is as follows: "The true principle to be applied is that where compensation is paid for deprivation of . a capital asset or for restrain on trading or conduct of the business undertaking as such, it would be a capital receipt in the hands of the recipient of the compensation". 12. In the present case the conduct of the appella…