CS Executive · Tax Laws and Practice · Profits and Gains from Business and Profession
Under the Income-tax Act, 2025 (applicable from the June 2027 session), which of the following intangible assets is eligible for depreciation under section 33?
A franchise used wholly and exclusively for business qualifies for depreciation under section 33 of the Income-tax Act, 2025. Franchises are listed intangible assets, whereas goodwill is expressly excluded and patents acquired before 1 April 1998 fall outside the eligible acquisition date.
- AGoodwill of a business acquired on purchase of a going concern
- BA franchise acquired by the assessee and used wholly and exclusively for businessCorrect
- CA patent acquired before 1 April 1998
- DGoodwill of a profession built up over the years
Explanation
Section 33 allows depreciation on know-how, patents, copyrights, trademarks, licences, franchises and similar business or commercial rights acquired on or after 1 April 1998, but excludes goodwill. A franchise used wholly and exclusively for business therefore qualifies. The pre-1998 patent is outside the cut-off date, and both goodwill options are expressly excluded.
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