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Apparently, the compensation was paid towards termination of long term lessee, in terms of MOU entered between parties on 29.03.2012. The Assessing Officer doubted the genuineness of the term of MOU. He should have examined the other parties to find out the purpose of the impugned payment, which the Assessing Officer had chosen not to do so. Therefore the MOU has to be believed and the amount received should be held to be compensation towards termination of long term lease. Then the question boils down to whatever compensation received on account of termination of long term lease of 99 years can be treated as revenue receipts and liable to tax. Any compensation received towards loss of source of income cannot be treated as Revenue receipts but capital receipts which is not liable to be taxed. 

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Section 4 of the Income Tax Act, 1961 — Income — Compensation received towards loss of source of income could not be treated as revenue receipt and it was a capital receipt not liable to tax as property already given on 99 years lease and was sold to lessee itself and apart from consideration which was higher than stamp duty value. compensation was received towards termination of lease and compensation so received was for loss of source of income — Butterfly Marketing P. Ltd. vs. Deputy Commissioner of income tax [2019] 179 ITD 431 (Chennai-trib)

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