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2015 (6) TMI 1226 - AT - Income TaxDepreciation on non compete fee at 25% - Depreciation on intangible assets - According to the ld. DR, the non-compete fee paid by the assessee is a restricted one and it does not necessarily confer any exclusive right to carry on the primary activity of the assessee - assessee submitted that the assessee entered into non-compete agreement and acquired a commercial right - HELD THAT:- This Tribunal is of the considered opinion that when the assessee entered into an agreement to restrict the other party for using the trade mark, copyrights etc., it was a composite commercial right acquired by the assessee as found in Pentasoft Technologies Ltd. [2013 (11) TMI 1057 - MADRAS HIGH COURT] . Therefore, the assessee is entitled for depreciation in non-compete fee paid - Decided against revenue.
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