TMI Blog2016 (6) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... with. Thus, rights of the similar nature specified in section 32(1)(ii) of the Act are eligible for depreciation. - Decided in favour of assessee. - ITA No.511/Del./2011 - - - Dated:- 22-6-2016 - HON BLE VICE PRESIDENT, SHRI G.D. AGRAWAL AND SHRI KULDIP SINGH, JUDICIAL MEMBER ASSESSEE BY : SHRI ANIL BHALLA, CA REVENUE BY : SHRI V.R. SONBHADRA, SENIOR DR O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : The Appellant, M/s. Controls Switchgear Contractors Limited (hereinafter referred to as the assessee ) by filing the present appeal sought to set aside the impugned order dated 08.12.2010 passed by the Commissioner of Income-tax (Appeals)- VI, New Delhi qua the assessment year 2007-08. 2. Pursuant to order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and thereby disallowed the same by making addition of ₹ 7,13,672/-. 5. Assessee carried the matter before the ld. CIT (A) who has partly allowed the appeal. Feeling aggrieved, the assessee has come up before the Tribunal by way of filing the present appeal. 6. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. 7. Ld. AR for the assessee challenging the impugned order passed by the ld. CIT (A) qua ground no.4 contended that assessee s case is squarely covered by the judgment cited as Areva T and D India Ltd. vs. DCIT (2012) 345 ITR 421 (Delhi). However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness or commercial rights of similar nature , it is seen that the intangible assets are not of the same kind and are clearly distinct from one another. The fact that after the specified intangible assets the words business or commercial rights of similar nature have been additionally used, clearly demonstrates that the Legislature did not intend to provide for depreciation only in respect of specified intangible assets but also to other categories of intangible assets, which were neither feasible nor possible to exhaustively enumerate. In the circumstances, the nature of business or commercial rights cannot be restricted only to the six categories of assets, viz., knowhow, patents, trademarks, copyrights, licenses or franchises. The nat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reva T and D India Ltd. (supra) delivered by the Hon ble jurisdictional High Court squarely applies to the facts and circumstances of the case and we are of the considered view that Type Test Certification Fees and Customer Approval Fees are certainly intangible assets being business claims, business information, contracts and know-how etc., which were intangible and without which the assessee would have no business to start with. Thus, rights of the similar nature specified in section 32(1)(ii) of the Act are eligible for depreciation. 11. In view of what has been discussed above, we are of the considered view that CIT (A) has erred in affirming the order passed by AO in disallowing the amount of ₹ 3,44,531/- on account of dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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