Tax query

471 views 3 replies

Hi All,

One of my friend had filed a suit for non receipt of a professional
licence i.e. like a certificate to start own practice in a specific
field, on an Govt institute. Now court has awarded a lump sum
compansation to my friend for loss occurred to him. This compansation
is awarded considering that if he was provided the licence (or
certificate) we would have earned much income.

Hence my concern is whether he is liable to pay any tax on the same,
because it is a capital receipt and these are not taxable under Income
Tax Act.

Please provide relevant case laws and sections for my reference

Replies (3)
Originally posted by : Dharamraj Maurya

Hi All,

One of my friend had filed a suit for non receipt of a professional
licence i.e. like a certificate to start own practice in a specific
field, on an Govt institute. Now court has awarded a lump sum
compansation to my friend for loss occurred to him. This compansation
is awarded considering that if he was provided the licence (or
certificate) we would have earned much income.

Hence my concern is whether he is liable to pay any tax on the same,
because it is a capital receipt and these are not taxable under Income
Tax Act.

Please provide relevant case laws and sections for my reference

the revenue loss is compensated. you just got it in lumpsum.

i think it will be taxable.

please wait for replies of our other friends 

nope i don't think it is a capital receipt.    The thing is that u did not forego any  capital asset in respect of the compensation recieved                                

1)Any compensation recieved in respect of salaries is taxable under the head salaries u/s15

in the same manner the compensation recieved is taxable under the head (business or profession)i.e u/s28
 


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