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Issues:
1. Determination of goodwill attached to the assessee's cinema theatre. 2. Evaluation of goodwill using recognized principles. Analysis: 1. The case involved the determination of whether there was goodwill attached to the assessee's cinema theatre known as Apsara. The assessee claimed goodwill of Rs.2,09,268 when selling the cinema hall, but the Income-tax Officer found no goodwill attached to the business. The Income-tax Officer analyzed the profits and gross receipts from previous years to conclude that there was no super profit earned by the firm, thus rejecting the claim of goodwill. The Commissioner of Income-tax (Appeals) and the Tribunal upheld this decision, stating that there was no goodwill generated. The Tribunal referred to the method of valuation of goodwill typically adopted in such cases, emphasizing the importance of locality in defining goodwill. 2. The assessment of goodwill was crucial in this case, with the Tribunal considering various methods such as the super profit method and the annuity method for valuation. The super profit method involves comparing the maintainable profits of the firm with the normal profits to determine any extra profits, which are then multiplied by a certain number of years' purchase to calculate goodwill. The number of years' purchase for goodwill valuation varies based on industry and business specifics. The Tribunal's factual conclusions were deemed rational, leading to the affirmation that there was no goodwill attached to the assessee's cinema theatre. The judgment favored the Revenue and went against the assessee, highlighting the complexities involved in evaluating and determining goodwill in business transactions.
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