Srivatsan Surveyors Pvt. Ltd. v. ITO

32 SOT 268Income Tax Appellate Tribunal#24462 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2019 to 2025.

Judgments citing Srivatsan Surveyors Pvt. Ltd. v. ITO

Assistant Commissioner of Income Tax-16(1), Mumbai vs. Viacom18 Media Private Limited, Mumbai

ITA 5658/MUM/2024[2013-14]Status: DisposedITAT Mumbai15 Oct 2025AY 2013-14

Bench: Shri Narender Kumar Choudhry & Ms. Padmavathy S

For Respondent: Shri Nimesh Vora, Ld. Adv
Section 115JSection 143(1)Section 143(2)Section 143(3)Section 250

…payer but a restriction on the recipient, it cannot be deemed to be covered under the residuary phrase "any other business or commercial rights of similar nature". 8. 6. It is pertinent to note that in the case of Srivatsan Surveyors (P) Ltd V/s ITO (2009) (32 SOT 268) (Chennai-Tribunal), it has been held that "Right as to know how, patents, copyrights, trademarks, licences, franchises, etc can be construed to be right in rem which can be claimed against the world at large. Right in restrictive covenant is 'right in personam' which is available against the contracting parties only. As such right in restrictive…

Imcd Group B.V. - India Branch (Currently Knon As Imdc India Pvt. Ltd.), Mumbai vs. DCIT (It), Circle 2(2)(1), Mumbai

In the result, appeals of the Revenue as well as the assessee are rejected

ITA 2735/MUM/2018[2013-14]Status: DisposedITAT Mumbai28 Nov 2019AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Ble

For Appellant: Shri R. Sandeep BagmarFor Respondent: Kumari Padmapani Bora
Section 32(1)(ii)Section 37

…ly placed reliance on the decision of the Hon'ble Delhi High Court in the case of the Sharp Business System v. CIT in ITA No. 492/2012 dated 05.11.2012 and the decision of the Chennai Bench of the Tribunal in the case of Srivatsan Surveyors Pvt. Ltd., v. ITO [32 SOT 268] and submitted that in this decision it has been held that depreciation on restrictive covenant is not allowable u/s. 32(1)(ii) of the Act. 6. We have heard the rival submissions and perused the orders of the authorities below and the decisions relied on. We find that the Tribunal in 4 ITA.NOs. 2433, 2735, 3078 & 3403/MUM/2018 IMCD Group B.V. Ind…

DCIT -14(2)(1), Mumbai vs. Imcd Group B.V. India Branch (Now Imcd India Private Limited), Mumbai

In the result, appeals of the Revenue as well as the assessee are rejected

ITA 2433/MUM/2018[2013-14]Status: DisposedITAT Mumbai28 Nov 2019AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Ble

For Appellant: Shri R. Sandeep BagmarFor Respondent: Kumari Padmapani Bora
Section 32(1)(ii)Section 37

…ly placed reliance on the decision of the Hon'ble Delhi High Court in the case of the Sharp Business System v. CIT in ITA No. 492/2012 dated 05.11.2012 and the decision of the Chennai Bench of the Tribunal in the case of Srivatsan Surveyors Pvt. Ltd., v. ITO [32 SOT 268] and submitted that in this decision it has been held that depreciation on restrictive covenant is not allowable u/s. 32(1)(ii) of the Act. 6. We have heard the rival submissions and perused the orders of the authorities below and the decisions relied on. We find that the Tribunal in 4 ITA.NOs. 2433, 2735, 3078 & 3403/MUM/2018 IMCD Group B.V. Ind…