Hospital and so much so, purchase of Hospital as a going concern with it's name and trade mark is nothing but acquisition of goodwill earned by the Hospital and it cannot be termed anything other than a commercial or business right. In fact, if the previous owner of the Hospital wanted to retain the name, logo or trade mark of the Hospital even after sale of building and premises, he could have retained the same without transferring it to the appellant-assessee. By transferring the right to use the name of the Hospital itself, the previous owner has transferred the goodwill to the appellant-assessee and the benefit derived by the appellant-assessee is retention of continued trust of the patients who were patients of the previous owners. When the goodwill paid is for ensuring retention and continued business in the Hospital, it is certainly for acquiring a business and commercial rights and it is certainly comparable with trade mark, franchise, copyright etc., referred to in first part of sub-clause (ii) of Section 32(1) and so much so, in our view, goodwill is covered by the above provision of the Act entitling the assessee for depreciation. We, therefore, allow the appeal by reversing the orders of the Tribunal and that of the lower authorities
