Tax incidence of non-compete fee is not retrospective, rules ITAT
Non-compete fees received by a taxpayer will be a non-taxable capital receipts up to the financial year 2002-03. The amendment to treat non-compete fees as taxable revenue receipts came into effect only from 01.04.2003 – this was upheld by the Income-tax Appellate Tribunal, Mumbai bench in its recent order.
