tax treatment under business / capital


This query is : Open 

25 January 2009 my brother was doing cable opertor business in a certain area/ network, generaly in the cable business, it is tradition right to do business in that area/ network along with the customers( subscribers ) sale to the party.

now the consideration Rs. 50,00,000/- received for sale of right to business in that area / net work . the amount received whethere capital gain or business income and how it will be taxed, 30% as General Business income or tax under capital gain at 10%/ 20%

25 January 2009 If right to do business in that area is permanent and he can transfer his rights in future as he likes then it becomes sale of business and capital gain will be attracted.

If the amount received is like a licence fee for certain number of years then it becomes a business income and to be treated as busines income.

25 January 2009
Thanks for prom reply, as there is no licence fe etc. required for particular are , and also received amount for non compete agreeement in future with the acquirer or the net work


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
Featured 07 November 2026
Chartered Accountant

DPV & Associates

Chennai

CA

View Details
Company
30 October 2026
Asst Manager Accounts

Goodwin Pumps India Pvt Ltd

Chengalpattu

CA Inter

View Details
Company
12 November 2026
Auditor

Oz Taxation

Vijayawada

Graduate (Any)

View Details
Company
19 October 2026
Accountant

Jari Saree Center

New Delhi

Others

View Details
Company
19 October 2026
Accountants/Articles (Freshers/Experienced)

ADY & CO.

New Delhi

Graduate (Any)

View Details
Company
13 November 2026
Chartered Accountant - Fresher

Neeraj Bhagat & Co

New Delhi

CA

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details
Company
Featured 29 October 2026
Accounts Executive

Synergy Keystone

Chennai

B.Com

View Details