2011 (12) TMI 565 - AT - Income Tax

Summary

Issues Involved:
The judgment involves the issue of disallowance of depreciation on goodwill for the assessment years 2004-2005, 2005-2006, and 2006-2007.

Disposal of Appeals:
The four appeals by the Revenue were directed against the order of the Commissioner of Income-Tax (Appeals), Ahmedabad and were disposed of with a consolidated order.

Grounds for Disallowance:
The main ground in all appeals was the deletion of additions on account of disallowance of depreciation on goodwill for different assessment years.

Arguments Presented:
The learned DR relied on the orders of the AO, while the counsel for the assessee relied on the orders of the CIT(A). The assessee-firm had paid amounts towards commercial rights to retiring partners and had exclusive rights for marketing products of its sister concern.

Consideration of Submissions:
After considering the submissions and orders, it was found that the common issue in all appeals was regarding the disallowance of depreciation on goodwill. The assessee had claimed depreciation on the intangible asset of "Goodwill" acquired from outgoing partners under Section 32(1)(ii) of the IT Act.

Decision and Rationale:
The CIT(A) found that the payments were made for acquiring intangible assets and tools of business, not just for goodwill. The retirement deed supported the position that the payments were for acquiring exclusive marketing and business rights. The order of the CIT(A) was upheld, confirming that denial of depreciation on goodwill was not justified.

Outcome:
The appeals of the Revenue were dismissed, and the order was pronounced in Open Court.