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Section 28(ii)(a),28(ii)(a) SUPREME COURT OF INDIA held on Jul 22, 2020 that the payment received as non-competition fee under a negative covenant was always treated as a capital receipt till Assessment Year 2003-2004. SHIV RAJ GUPTA vs.CIT
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THE SUPREME COURT OF INDIA on 5th June, 2020 held that the taxing statutes are subject to the rule of strict interpretation, and the benefit of ambiguity in case of an exemption notification or an exemption clause must go in favour of the revenue; and the same principles would apply in relation to Section 80-O of the Act. Constitution Bench decision in Dilip Kumar & Co. (supra), RAMNATH & CO. Vs CIT.
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ITAT Ahmedabad held on 6.1.2020 that the provisions of section 68 cannot be applied in relation to the sales receipt as the sales receipt has already been shown in the books of accounts as income at the time of sale only particularly when the purchases have been accepted, then the corresponding sales cannot be disturbed without giving any conclusive evidence/finding. No addition can be made on this ground.