2007 (11) TMI 653 - AT - Income Tax

Summary

Issues involved: Appeal against order u/s 263 of the Income-tax Act regarding allowance of depreciation on Non-compete Fee.

Summary:
1. The assessee, a company dealing in yeast products, appealed against the order u/s 263 of the Income-tax Act, where the Commissioner found the allowance of depreciation on Non-compete Fee to be erroneous and prejudicial to the Revenue's interest.

2. The Commissioner directed the Assessing Officer to re-examine the acquisition of Biofoods, the payment of Non-compete Fee, its valuation, and the actual benefit to the assessee, following the decision in Malabar Industrial Co. Ltd v CIT (2000) 243 ITR 83 (SC).

3. The assessee argued that all details were submitted to the Assessing Officer, who allowed the claim based on the information provided. However, the Departmental Representative contended that the assessment order lacked discussion on the Non-compete Fee issue, citing relevant legal precedents.

4. The Tribunal noted that the assessment order did not address the capitalization of Non-compete Fee and the allowance of depreciation, which was crucial for correcting errors prejudicial to Revenue's interest. The Commissioner's decision u/s 263 was upheld as justified, and the appeal by the assessee was dismissed.