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Depreciation on Non-Compete Fee Allowed – Revenue-Neutral View Accepted: ITAT Delhi
Case Law Details
- Case Name
- Beacon Higher Education Services Pvt. Ltd Vs ACIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2016-17
- Courts
- All ITAT, ITAT Delhi
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Beacon Higher Education Services Pvt. Ltd Vs ACIT (ITAT Delhi)
Depreciation on non-compete fee allowed – Revenue-neutral approach accepted despite SC ruling treating it as revenue expenditure – ITAT Delhi
In Beacon Higher Education Services Pvt. Ltd. vs ACIT / DCIT (A.Ys. 2016-17 & 2017-18), the primary dispute related to depreciation claimed u/s 32 on non-compete/non-solicitation fee of ₹37 crore treated as an intangible asset. The AO and CIT(A) disallowed depreciation relying on Delhi High Court judgment in Sharp Business Systems, holding that non-compete fee is not an intangible a...
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