Relying on the order dt. 11.5.2017 in ITA No. 2263/Del/2012 (AY 2008-09) in case of ABC Paper Ltd, Tribunal held that the definition of “intangible assets” under S. 32(1 )(ii) is an inclusive definition which not only includes know-how, patents, copyrights, trademarks, licences, franchises but also any other business or commercial rights of similar nature. Therefore, the interpretation of the AO, that since “brand” is not specifically mentioned in S. 32(1) (ii), it cannot be equated with “trade mark” and hence, depreciation on the same is not admissible is not proper. (AY. 2006-07 to 2013-14)
DCIT v. Kuantum Papers Ltd. (2018) 62 ITR 439 (Delhi)(Trib.)
S 32 : Depreciation–Paper Brand-Trade marks -Intangible assets -Eligible depreciation.[S. 32 (1)(ii)]