Sec. 32(1)(ii) of Income Tax Act, 1961—Depreciation —  Excess amount paid by the assessee over and above the value assigned to the various assets had been assigned to two intangibles namely "customer relationship" and "goodwill" and assessee claimed depreciation in respect of the amount of Rs. 6.74 Crores which was assigned to customer relationship (intangible) and assessee took a plea that this amount was paid as noncompete fees as the seller has expressed, agreed and undertook not to participate or engage in any jurisdiction as a owner or partner or as shareholder or in any capacity in the business of contract manufacturing services which was transferred to the assessee, thus, in the absence of any agreement between the parties for any consideration on account of non-compete fees as well as in the absence of any such value assigned to the non-compete fees in the books of accounts, there was no substance in the contention of the learned Authorized Representative that the said payment is made as non-compete fees and the assessee in its books of accounts has allocated sum to the intangible being customer relationship — INCAP Contract Manufacturing Services Pvt. Ltd. vs. Deputy CIT [2020] 78 ITR [Trib] 130 (BANG)