Assessee company purchased a business on slump sale and claimed depreciation on intangible assets and marketing rights of business acquired . AO disallowed the claim for depreciation. Tribunal held that assessee having purchased various assets under business transfer agreement by way of slump sale from not a related concern depreciation is allowable both on intangible assets as well as marketing rights. High Court affirmed the order of Tribunal. (AY. 2004 -05)
PCIT v. Bayer Vapi (P) Ltd. (2019) 264 Taxman 182 (Guj.)(HC)
S. 32 : Depreciation–Purchase of business on slump sale- Intangible assets and marketing rights-Depreciation is allowable- Not a related concern-Provisions of S. 40A(2)(b) of the Act cannot be applied. [S. 40A(2)]