| COURT: | Bombay High Court |
| CORAM: | Akil Kureshi J, S. J. Kathawallla J |
| SECTION(S): | 32(1)(ii) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Depreciation, intangible asset |
| COUNSEL: | Atul Jasani, Mehul Agarwal |
| DATE: | June 11, 2019 (Date of pronouncement) |
| DATE: | June 20, 2019 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 32(1)(ii) Depreciation on Intangible asset: Rights acquired under a non-compete agreement gives enduring benefit & protects the assessee's business against competition. The expression "or any other business or commercial rights of similar nature" used in Explanation 3 to sub-section 32(1)(ii) is wide enough to include non-compete rights (Ferromatice Milacron India 99 TM.com 154 (Guj) followed) | |
The legislature thus did not intend to provide for depreciation only in respect of the specified intangible assets but also to other categories of intangible assets which may not be possible to exhaustively enumerate. It was concluded that the assessee who had acquired commercial rights to sell products under the trade name and through the network created by the seller for sale in India were entitled to deprecation
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