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Case Law Details

Case Name : ITO Vs Medicorp Technologies India Ltd (ITAT Chennai)
Appeal Number : ITA No. 2328/Mds/2007
Date of Judgement/Order : 16/01/2009
Related Assessment Year :
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RELEVANT PARAGRAPH

12.2 One can see very clearly that the clause (ii), introduced in section 32(1), w.e.f.01-04- 1999, not only extended the benefit of section 32 to the `intangible assets’ but also gave therein an `inclusive’ definition of the `intangible assets’, for this purpose.

15.4 It becomes clear from the above discussion that capability to have a market value, assignability, transferability, diminution in value, are no more the `touch stones’ on which the admissibility for depreciation u/s 32 of the Act has to be tested. We are living in the commercial world of `e-banking’, `e-commerce’ , and `e-governance’ , the old, archaic, traditional concepts have undergone a sea change, and our law-makers have truly kept pace with the change.

21. It is an admitted fact that the payment of Rs. 2 crores was made by the assessee- company to ward off competition in the export business which was acquired by it from MS. The relevant clause (6) of paragraph III of the agreement dated 12-07-2000, reads as under

`IIII——- ——— —–

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