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“commercial rights”

DepreciationSection 32(1)(ii)Section 32(1)(ii)486 judgments

The decision most relied on for commercial rights is Empire Jute Co. Ltd. v. CIT (124 ITR 1), cited in 622 judgments on BharatTax.

Leading authorities on commercial rights

Empire Jute Co. Ltd. v. CIT
124 ITR 1 · 1980 · Supreme Court
622
citing judgments

Expenditure is classified as revenue or capital based on its practical business effect, necessity, or expediency, rather than solely on the juristic classification of rights; an enduring benefit does not automatically make an expenditure capital if it facilitates trading operations or business efficiency.

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.

CIT v. Eastern Commercial Enterprises
210 ITR 103 · 1994 · High Court
205
citing judgments

If the Assessing Officer relies on adverse evidence or witness testimony, including statements recorded under Section 132(4), the assessee must be provided an opportunity to cross-examine the witness or source of the evidence, upholding principles of natural justice. An assessment made without such an opportunity may be considered invalid.

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.

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.

Pentasoft Technologies Ltd. v. DCIT
41 Taxmann.com 120 · 2014 · High Court
58
citing judgments

A non-compete fee paid as part of a business acquisition or transaction constitutes an intangible asset, eligible for depreciation under Section 32(1)(ii) of the Income-tax Act.

Thiru Arooran Sugar Ltd. v. DCIT
350 ITR 324 · 2013 · High Court
44
citing judgments

A deduction for interest expense on borrowed funds used for interest-free advances to group companies is permissible only if the assessee establishes these advances were from surplus funds. The decision further clarifies eligibility for depreciation on intangible assets like non-compete fees, software, goodwill, and commercial rights under section 32(1)(ii), often arising from a slump sale.

Techno Shares & Stocks Ltd. v. CIT-IV
193 Taxmann 248 · 2010 · Supreme Court
40
citing judgments

The Supreme Court in Techno Shares & Stocks Ltd. v. CIT-IV held that depreciation is not available on a BSE membership card under section 32(1)(ii) of the Income Tax Act as it is not a depreciable asset for the purpose of business or commercial rights of a similar nature.

Judgments citing commercial rights

DCIT, Chennai vs. Ab Mauri India Private Limited, Chennai

In the result, the appeal filed by the Revenue is partly-allowed

ITA 3318/CHNY/2018[2013-14]Status: DisposedITAT Chennai25 Nov 2024AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita No.3318/Chny/2018 (िनधा"रणवष" / Assessment Year: 2013-2014) The Deputy Commissioner Of Vs. M/S. A B Mauri India Private Ltd, Income Tax, Plot No.218 & 219 Bommasandra Corporate Circle 1(1) Jigani Link Road, Rajapura Hobli, Chennai 600 034. Jigani, Anekal Taluk. Bengaluru 560 105. [Pan:Aaeca 9923H ] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. Kavitha, Irs, Addl. Cit. ""यथ" क" ओर से /Respondent By : Shri S P Chidambaram, Advocate सुनवाई क" तार"ख/Date Of Hearing : 20.11.2024 घोषणा क" तार"ख /Date Of Pronouncement : 25 .11.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Ms. Kavitha, IRS, Addl. CITFor Respondent: Shri S P Chidambaram, Advocate
Section 129Section 143(2)Section 143(3)Section 32(1)(ii)

assessee also claimed depreciation @25% for the Non-Compete fee. As per the assessee Section 32(1)(ii) of the Act demonstrates ‘’other commercial rights of similar natures’’ includes Non-Compete Fee. However, the ld. Assessing Officer denied the same on the ground that assessee’s claim for the earlier ... contention of the assessee before the ld. CIT(A) is that non- compete right is an intangible asset in the nature of 'any other commercial rights of similar nature' qualifying for claim of depreciation as per Section 32(1)(ii) of the Act. It is further contended that the depreciation

Parasmani Gems Pvt. Ltd., Ahmedabad vs. The DCIT, Cir-3(1)(1), Ahmedabad

In the result, the appeal filed by the assessee is dismissed

ITA 2263/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad21 Nov 2024AY 2013-14

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 2263/Ahd/2017 ("नधा"रण वष" / Assessment Year : 2013-14) बनाम/ Parasmani Gems Pvt. Ltd. The D.C.I.T. 2, Supan Complex, Nr. Circle 3(1)(1), Vs. Dharnidhar Derasar, Paldi, Ahmedabad Ahmedabad, Gujarat - 380006 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcp6337M (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Mehul K Patel, Ar ""यथ" क" ओर से/Respondent By : Shri Rignesh Das, Sr. Dr Date Of Hearing 23/10/2024 21/11/2024 Date Of Pronouncement

For Appellant: Shri Mehul K Patel, ARFor Respondent: Shri Rignesh Das, Sr. DR
Section 154Section 234ASection 56(2)(viib)

based on the value of its assets, including intangible assets, being goodwill, know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature. This amendment will take effect from 1st April, 2013 and will, accordingly, apply in relation to the assessment year ... issue of shares, of its assets, including intangible assets being goodwill, know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, whichever is higher; 16. The Explanation to this section had given two alternatives for the FMV of the shares - the first