Dcit 10(1), Mumbai vs Music Broadcast P.Ltd, Mumbai on 25 January, 2017
9. On appraisal of the said order it came into the notice that the
CIT(A) has dealt both the transactions separately, in view of the law
mentioned above. The first transaction was in connection with the
payment of Rs.12,60,00,000/- on account of termination of agreement
with SIPL. The Assessing Officer dealt the said transaction as capital
in nature. The appellant entered into an agreement with SIPL for
procuring advertisement from clients. Dispute arose, therefore, the
said agreement was terminated in view of the termination. The
appellant company paid an amount of Rs.12,60,00,000/- as
compensation. It is to be decided what should be nature of this kind
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ITA No.3532/M/13 & C.O.143/M/14
A.Y. 2008-09
of payments. The CIT(A) dealt the matter in view of the law settled
in CIT Vs. Glaxo Laboratories India P. Ltd. 197 ITR 110 wherein
such type of transaction was held to be business expenditure.