The ITAT followed the co-ordinate bench ruling in assessee’s own case, wherein the ITAT had dismissed the Department’s appeal against the favourable CIT(A)’s order deleting the disallowance of depreciation on non-compete territory rights. The Tribunal observed that the coordinate bench had held that the AO had accepted the position is three immediate preceding years and thus the Department’s appeal will be unsettling the accepted and settled position. Thus the Tribunal following the ruling of the coordinate bench dismissed the assessee’s appeal and allowed assessee the depreciation on non-compete territory rights.  ( AY.2004 -05)