2018 (6) TMI 1687 - AT - Income Tax

Depreciation of goodwill Resulting From Acquisition Of Business Unit - HELD THAT - this issue is fully covered by Tribunal s decision in assessee s own case for AY 2009-10 in 2016 (7) TMI 1558 - ITAT MUMBAI wherein Tribunal following the decision of Hon ble Supreme Court in the case of CIT vs. Smifs Securities Ltd. 2012 (8) TMI 713 - SUPREME COURT deleted the disallowance of depreciation. - Decided in favour of assessee.

Summary

Issues:
Disallowance of depreciation of goodwill.

Analysis:
1. The appeal was filed by the assessee against the order of Dispute Resolution Panel and the Assessment framed by the Dy. Commissioner of Income Tax disallowing the depreciation of goodwill.

2. The main contention raised by the assessee was the disallowance of depreciation on goodwill resulting from the acquisition of a business unit, as claimed under Section 32 of the Income Tax Act, 1961.

3. The assessee argued that the disallowance was not justified as the claim for depreciation on goodwill was legitimate and supported by the relevant provisions of the Act and previous judicial decisions.

4. The Tribunal referred to its own decisions in the assessee's cases for AY 2009-10 and AY 2008-09, where similar issues were decided in favor of the assessee based on the decision of the Hon'ble Supreme Court in the case of CIT vs. Smifs Securities Ltd.

5. The Tribunal observed that the claim for depreciation on goodwill was allowable under Section 32 of the Act and that the appellate authority had the jurisdiction to consider and adjudicate such claims even if not made through a revised return of income.

6. Relying on the precedent set by the Hon'ble Supreme Court and the Tribunal's previous decisions, the Tribunal allowed the claim of the assessee and deleted the disallowance of depreciation on goodwill.

7. Consequently, the appeal of the assessee was allowed, and the disallowance of depreciation on goodwill was overturned based on the established legal principles and precedents.

This detailed analysis of the judgment highlights the key issues, arguments presented, legal provisions invoked, and the final decision rendered by the Tribunal in favor of the assessee regarding the disallowance of depreciation on goodwill.