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Depreciation allowable on payment of non-compete fee
Case Law Details
- Case Name
- India Meditronic (P) Ltd Vs Asstt. CIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All ITAT, ITAT Mumbai
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India Meditronic (P) Ltd Vs ACIT (ITAT Mumbai)
Conclusion: Non-compete fee was allowable as capital expenditure and depreciation could be claimed on the same.
Held: Assessee entered into exclusive distribution agreement with Medtech Devices Limited (MDL) for distribution of assessee’s products in India, which accounted for approximately 40% of the total revenue of the assessee in that year. However, the distribution agreement was terminated on account of MDL constraints in investing the required resources to expand its own business in line with assessee’s expectations. Consequently, a non-...


