Chancery Division.

[The appeal against this decision is reported at [1984] BTC 142.]

Judgment delivered 9 May 1983.

Capital gains tax – Compensation for loss of business tenancy – Whether compensation on asset – Whether compensation subject to capital gains tax – Finance Act 1965, sec. 22(1), (3)Capital Gains Tax Act 1979, sec. 19(1); 20(1).

  This was an appeal by the Crown against a decision of the Special Commissioners discharging an assessment to capital gains tax on statutory compensation of £31,384 paid to the taxpayer.

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