← All Phrases

“section 28(va)”

Business IncomeSection 28(va)Section 28(va)50 judgments

The decision most relied on for section 28(va) is CIT v. Vinay Cements Ltd. (213 CTR 268), cited in 422 judgments on BharatTax.

Leading authorities on section 28(va)

CIT v. Vinay Cements Ltd.
213 CTR 268 · 2007 · Supreme Court
422
citing judgments

Employees' contributions to provident fund and ESI are allowable as a deduction under Section 36(1)(va) read with Section 2(24)(x) if deposited by the assessee before the due date for filing the income tax return.

Guffic Chem (P.) Ltd. v. CIT
332 ITR 602 · 2011 · Supreme Court
66
citing judgments

Compensation received for a non-compete covenant or for not carrying on a specific business activity is a capital receipt and not liable to tax as business income.

Rohitasava Chand v. CIT
306 ITR 242 · 2008 · High Court
59
citing judgments

Receipt of a non-compete fee, even if it does not alter the assessee's business structure, impairs the carrying on of their activity, constituting a loss of a source of income.

CIT v. Rai Bahadur Jairam Valji
35 ITR 148 · 1959 · Supreme Court
41
citing judgments

Compensation received for the cancellation of an agency agreement is a capital receipt if it impairs the assessee's trading structure or results in the loss of a source of income. However, if the contract is terminated in the ordinary course of business, the compensation may be considered a revenue receipt, with classification depending on the specific facts of each case.

Ltd. v. CIT
79 ITR 589 · 1971 · Supreme Court
37
citing judgments

This case is authority for the principle that deductions under section 36(1)(viii) of the Income-tax Act may be granted in respect of certain categories of receipts. The court's decision in this case is relied upon when interpreting the scope of business activities for tax purposes.

Asianet Communications v. CIT
96 Taxmann.com 399 · 2018 · High Court
34
citing judgments

A non-compete fee paid as part of an agreement to prevent competition or induce employees to stay is to be treated as a revenue expenditure.

CIT v. Areva T & D India Ltd.
129 Taxmann.com 55 · 2021 · High Court
13
citing judgments

Expenditure incurred for acquiring a non-compete right is capital in nature and eligible for depreciation under section 32(1)(ii) of the Income Tax Act as it constitutes an intangible asset.

Hami Aspi Balsara v. ACIT
126 ITD 100 · 2010 · ITAT
11
citing judgments

Non-compete fees are taxable under Section 28(va) only when the assessee is carrying on a business, not when the consideration is embedded in the purchase price of shares and the assessee is merely a shareholder.

Judgments citing section 28(va)