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Income Tax

Depreciation allowable on payment of non-compete fee

Case Law Details

Case Name
India Meditronic (P) Ltd Vs Asstt. CIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
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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-...
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