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“intangible assets”

DepreciationSection 32(1)(ii)Section 32(1)(ii)1,121 judgments

The decision most relied on for intangible assets is CIT v. B.C. Srinivasa Setty (128 ITR 294), cited in 628 judgments on BharatTax.

Leading authorities on intangible assets

CIT v. B.C. Srinivasa Setty
128 ITR 294 · 1981 · Supreme Court
628
citing judgments

When the cost of acquisition of a capital asset cannot be determined, the computation mechanism for capital gains fails, and thus no capital gains can be charged. This establishes a broader principle that a charging section cannot operate in the absence of specific machinery provisions for computation.

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

Techno Shares and Stocks Ltd. v. CIT
327 ITR 323 · 2010 · Supreme Court
130
citing judgments

Membership rights and business contracts, as 'business or commercial rights of similar nature' to a license or franchise, qualify as intangible assets eligible for depreciation under Section 32(1)(ii) of the Income-tax Act.

Amway India Enterprises v. DCIT
111 ITD 112 · 2008 · ITAT
127
citing judgments

Depreciation is allowable on computer software, including software licenses, at the rate of 60%.

Areva T&D India Ltd. v. DCIT
345 ITR 421 · 2012 · High Court
97
citing judgments

Business contracts and commercial rights of similar nature qualify as intangible assets under Section 32(1)(ii) and are eligible for depreciation. The decision also affirms that goodwill is an intangible asset eligible for depreciation.

CIT v. Tata Services Ltd.
122 ITR 594 · 1980 · High Court
76
citing judgments

A right to purchase property under an agreement to sell is a capital asset as defined under Section 2(14) of the Income-tax Act. The relinquishment or extinguishment of such a right constitutes a transfer of a capital asset, the consideration for which is taxable as capital gains.

Guffic Chem (P.) Ltd. v. CIT
332 ITR 602 · 2011 · Supreme Court
66
citing judgments

Compensation received for a non-compete covenant or for not carrying on a specific business activity is a capital receipt and not liable to tax as business income.

ACIT v. Progressive Constructions Ltd.
92 Taxmann.com 104 · 2018 · ITAT
63
citing judgments

Rights acquired under a concession agreement for highway construction, which generate revenue through toll collections, constitute an 'intangible asset' under section 32(1)(ii) of the Income-tax Act, 1961, eligible for depreciation, typically at 25%. This includes claiming depreciation on the opening Written Down Value (WDV) for such highway projects.

Judgments citing intangible assets

Income Tax Officer, Coimbatore vs. Damayanti Ramachandran, Gn Mills Post, Coimbatore

ITA 149/CHNY/2025[2016-17]Status: DisposedITAT Chennai07 Aug 2025AY 2016-17

Bench: Hon'Ble Shri Manu Kumar Giri & Hon'Ble Shri S. R. Raghunathaआयकर अपील सं./Ita No.103/Chny/2025, निर्धारण वर्ष/Assessment Year: 2015-16 Income Tax Officer, Non-Corporate Ward-4(3) Coimbatore Damayanti Ramachandran, Pb No.5303, Gn Mills Post, Coimbatore, Tamil Nadu-641029 [Pan: Aabhd8298Q] (अपीलार्थी/Appellant) V. (प्रत्यर्थी/Respondent) Co No.19/Chny/2025, निर्धारण वर्ष/Assessment Year: 2015-16 Damayanti Ramachandran, Pb No.5303, Gn Mills Post, Coimbatore, Tamil Nadu-641029 [Pan: Aabhd8298Q] Income Tax Officer, Non-Corporate Ward-4(3) Coimbatore V. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.149/Chny/2025, निर्धारण वर्ष/Assessment Year: 2016-17 Income Tax Officer, Non-Corporate Ward-4(3) Coimbatore Damayanti Ramachandran, Pb No.5303, Gn Mills Post, Coimbatore, Tamil Nadu-641029 [Pan: Aabhd8298Q] (अपीलार्थी/Appellant) V. (प्रत्यर्थी/Respondent) Co No.20/Chny/2025, निर्धारण वर्ष/Assessment Year: 2016-17 Damayanti Ramachandran, Pb No.5303, Gn Mills Post, Coimbatore, Tamil Nadu-641029 [Pan: Aabhd8298Q] Income Tax Officer, Non-Corporate Ward-4(3) Coimbatore (अपीलार्थी/Appellant) V. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By Mr.Ketan K. Ved, C.A

Section 45(4)

/AADHD82980 Damayanthi Ramachandran (HUF)/AABHD52950 HUF 2016-17 It is submitted that the benefit that is the goodwill generated in the business is an intangible asset that is recorded in the Balance sheet of the assessee. The same is converted into cash and credited into the current account ... hands of the firm as well as its compensated partners could be avoided or rather evaded, in such a way that the revaluation of intangible assets in the form of goodwill of the firm is carried ITA No.103/Chny/2025 & CO No.19/Chny/2025 (AY-2015-16) ITA No.149/Chny/2025 & CO No.20/Chny/2025

Ambattur Clothing Limited, Chennai vs. DCIT Company Circle 1(1), Chennai

ITA 1957/CHNY/2017[2013-14]Status: DisposedITAT Chennai31 Jul 2025AY 2013-14

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:1957/Chny/2017 निर्धारण वर्ष / Assessment Year: 2013-14 M/S. Ambattur Clothing Ltd [Now Demerged & Known As M/S. Ambattur Fashion India Pvt. Ltd.] No.86/E-2, Ambattur Industrial Estate Ambattur, Chennai– 600 058. (Pan:Aaaca-4127-D) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement The Deputy Commissioner Of Vs. Income-Tax, Corporate Circle -1(1), Chennai. (प्रत्यर्थी/Respondent) Shri. Sp Chidambaram, Advocate. Mr. Arv Sreenivasan, Cit. 09.07.2025 31.07.2025 आदेश /Order Per S. R. Raghunatha, Am : The Present Appeal Is Filed By The Assessee Against The Final Assessment Order Dated 21.06.2017 Of The Deputy Commissioner Of Income Tax, Corporate Circle 1(1) For The Assessment Year 2013-14 Passed In Compliance To Directions Of Dispute Resolution Panel-2, Bengaluru (Drp) Vide Order Dated 11.05.2017. 2. The Brief Facts Of The Case Are That The Assessee Is A Company Engaged In The Business Of Manufacturing & Sale Of Readymade Garments To Ae & Non- Ae'S. The Assessee Filed Its Return Of Income For The A.Υ.2013-14 On 30.11.2013 Declaring A Total Income Of Rs.11,57,20,670/-. The Case Was Selected For Scrutiny Through Cass & Accordingly Statutory Notices Were Issued To The Assessee. A :-2-:

Section 92C

transactions which were in the nature of Purchase of raw materials, Sale of raw materials, Sale of readymade garments, Sale of machinery, Sale of intangible asset designs, sale of spares, reimbursement. The Assessee in its TP documentation benchmarked these international transactions under CUP method. The TPO in the Transfer Pricing ... machines are sold at a price higher than the WDV. Accordingly, the taxpayer holds the transaction to be at arms-length. Sale of Intangible assets: One of the machines sold by the ASC has been acquired from. Vinte- Textile. A s, Turkey for which a layout and design