SC: Non-Compete Fee is Tax Deductible Revenue Expenditure; Key Tax Rulings Impact Businesses

Opinion
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CNBC TV18•01-01-2026, 08:37
SC: Non-Compete Fee is Tax Deductible Revenue Expenditure; Key Tax Rulings Impact Businesses
- •Supreme Court ruled non-compete fees are tax deductible revenue expenditure, not capital, even for multi-year agreements (*Sharp Business System* case).
- •CESTAT clarified no CENVAT credit reversal is needed for goods sent to job workers, emphasizing compliance procedures (*Dish TV India Limited* case).
- •CESTAT held Reverse Charge Mechanism (RCM) does not apply to services rendered outside India, even if paid by an Indian entity (*Intellect Design Arena Ltd* case).
- •Reimbursements to foreign subsidiaries for services performed abroad are not considered "import of services" under RCM.
Why It Matters: Recent legal rulings clarify tax deductibility of non-compete fees and input tax credit norms for businesses.
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