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Premium Profit Method Under a Six-Year Non-Competition Agreement

Two full free cash flow builds — EBIT, tax, depreciation, capex and working capital — differenced, discounted, and halved for the probability that competition ever arrives.

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4 min
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  • Expert Reviewed
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Topic
IBC Insolvency
Published
September 7, 2026
Last updated
Sep 25, 2026
Reading time
4 min
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Last updated: September 2026Verified against: Government sources

Cash flows with the agreement

Rs. lakhs202020212022202320242025
EBIT100116130140150160
Less: Income tax @ 35%354146495356
Net income6575849197104
Add: Depreciation444433
Less: CAPEX20201510108
Less: Increase in WC987654
Cash flows with NCA405166798595

Cash flows without the agreement

Rs. lakhs202020212022202320242025
EBIT7080100115120130
Less: Income tax @ 35%252835404246
Net income455265757884
Add: Depreciation444433
Less: CAPEX20201510108
Less: Increase in WC798876
Cash flows without NCA222746616473

The valuation

Rs. lakhs202020212022202320242025
Difference in cash flows182420182122
Discount factor @ 17%0.85470.73050.62440.53370.45610.3898
PV of difference15181210109

Sum of differential cash flows 74; probability of competition 0.5; value of the non-competition agreement 37.

Two features of the premium profit method this illustration exposes

First: the difference is taken on free cash flow, not on profit. The EBIT gap in 2020 is 30 (100 against 70); the cash flow gap is 18. Tax takes 35 per cent of the difference, and the working capital lines move it further.

That matters because a valuer working from EBIT alone would overstate the covenant by two thirds in the first year. The Standard's step is explicit — obtain the projections comprising revenue, expenses, working capital and capital expenditure under both scenarios.

Second: working capital behaves differently in each scenario, and the pattern is instructive. With the covenant, the increase in working capital decreases by Rs. 1 lac each year, starting from Rs. 9 lacs in 2020 — 9, 8, 7, 6, 5, 4, a business settling into a stable position. Without it, the requirement runs 7, 9, 8, 8, 7, 6 — lower at first, because the business is smaller, then higher and erratic as it fights for share.

Note that in 2021 the without-scenario working capital outflow (9) exceeds the with-scenario one (8), even though the without-scenario business is smaller. Competition costs working capital as well as margin.

The rest is familiar. The depreciation and capex lines are identical in both tables, which honours the requirement that all other factors relating to valuation should remain constant. And the 50% probability halves 74 to 37, because the covenant is only worth the harm it prevents multiplied by the chance of that harm.

What the value represents

The Non-Competition Agreement's value reflects the financial benefit XYZ Ltd. gains by preventing competition, ensuring higher cash flows and profitability over time.

Note that the covenant here is with key employees rather than a selling shareholder. That strengthens the case for a probability below one: an employee's ability to set up in competition depends on capital and customer following they may not have.

Common mistakes

  • Differencing EBIT rather than free cash flow.
  • Holding working capital identical across the two scenarios.
  • Varying capex or depreciation between the scenarios.
  • Omitting the probability of competition from the premium profit method.
Quick recapKey facts & short answers

Key Facts About Premium Profit Method

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What was the agreement?

XYZ Ltd., a manufacturing company in a highly competitive market, entered into a Non-Competition Agreement with key employees to prevent them from joining competitors for a period of six years, believing that without it the company would experience a significant loss in revenue and profitability.

What were the two EBIT projections?

With the agreement: 100, 116, 130, 140, 150 and 160 for 2020 to 2025. Without it: 70, 80, 100, 115, 120 and 130.

Premium Profit Method: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

Related Services & Guides

Why This Matters

Staying compliant with Indian regulations protects your business from penalties, interest and unnecessary legal trouble. It is always wise to maintain proper records and documentation so that any future scrutiny can be handled smoothly. Rules and thresholds in ibc insolvency are revised periodically, so it helps to review your obligations at the start of each financial year. Professional guidance from a qualified CA, CS or advocate ensures that filings are accurate and submitted well before the due date.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

XYZ Ltd., a manufacturing company in a highly competitive market, entered into a Non-Competition Agreement with key employees to prevent them from joining competitors for a period of six years, believing that without it the company would experience a significant loss in revenue and profitability.

With the agreement: 100, 116, 130, 140, 150 and 160 for 2020 to 2025. Without it: 70, 80, 100, 115, 120 and 130.

Tax at 35%; depreciation of Rs. 4 lakhs for 2020 to 2023 and Rs. 3 lakhs for 2024 and 2025; capital expenditure of Rs. 20 lakhs in 2020 and 2021, Rs. 15 lakhs in 2022, Rs. 10 lakhs in 2023 and 2024 and Rs. 8 lakhs in 2025.

With the agreement, the increase in working capital decreases by Rs. 1 lakh each year starting from Rs. 9 lakhs in 2020. Without it, the requirements are Rs. 7, 9, 8, 8, 7 and 6 lakhs.

With the agreement: 40, 51, 66, 79, 85 and 95. Without it: 22, 27, 46, 61, 64 and 73. The differences are 18, 24, 20, 18, 21 and 22.

Discounted at 17% the present values are 15, 18, 12, 10, 10 and 9, summing to 74. At a 50% probability of competition, the value of the non-competition agreement is 37 lakhs.