2015 (11) TMI 578 - AT - Income Tax

Depreciation on goodwill - whether the goodwill does not fall within the definition of eligible intangible assets for the claim of depreciation thereupon under section 32(1)(ii)? - Held that - Issue relating to the depreciation of goodwill has now been settled by the hon ble Supreme Court in the case of CIT v. Smifs Securities Ltd. 2012 (8) TMI 713 - SUPREME COURT to held hat the goodwill also falls under the expression any other business or commercial right of a similar nature and thus would be an asset under Explanation 3(b) to section 32(1) of the Act, we accordingly hold that the assessee is entitled to the claim of depreciation on goodwill. This issue is accordingly decided in favour of the assessee.

Summary

Issues Involved:
1. Appeal against the order of the Commissioner of Income-tax (Appeals) regarding the claim of depreciation on goodwill under section 32(1)(ii) of the Income-tax Act for the assessment year 2008-09.

Analysis:

1. The appellant filed an appeal against the order of the Commissioner of Income-tax (Appeals) regarding the claim of depreciation on goodwill for the assessment year 2008-09. The Tribunal had earlier decided on the appeal but subsequently recalled the order to adjudicate on the specific issue related to the claim of depreciation on goodwill.

2. The Tribunal considered the grounds of appeal related to the claim of depreciation on goodwill, specifically focusing on whether goodwill qualifies as an eligible intangible asset for depreciation under section 32(1)(ii) of the Income-tax Act. The lower authorities had rejected the claim, stating that goodwill did not fall within the definition of eligible intangible assets.

3. The appellant's representative cited a judgment by the Supreme Court in the case of CIT v. Smifs Securities Ltd., where the Court clarified that goodwill falls under the expression "any other business or commercial right of a similar nature" and qualifies as an asset under Explanation 3(b) to section 32(1) of the Act. Based on this precedent, the Tribunal held that the assessee was entitled to claim depreciation on goodwill.

4. The Tribunal concluded that goodwill is considered an asset under Explanation 3(b) to section 32(1) of the Act, as per the Supreme Court's interpretation. Therefore, the Tribunal allowed the appeal of the assessee on the specific ground related to the claim of depreciation on goodwill, in line with the Supreme Court's ruling.

5. The Tribunal clarified that its decision on the claim of depreciation on goodwill would not impact or alter the findings on other issues or grounds addressed in the appeal. The appeal was allowed solely on the limited point concerning the claim of depreciation on goodwill, ensuring that the previous findings on other matters remained unaffected.

6. In summary, the Tribunal's judgment favored the assessee's claim for depreciation on goodwill, aligning with the Supreme Court's interpretation that goodwill qualifies as an asset under the relevant provisions of the Income-tax Act.