2020 (12) TMI 672 - HC - Income Tax

Depreciation u/s 32(1)(ii) in respect of intangible assets - Goodwill - Acquisition of business - net assets taken over and the particulars of liability, loans etc - HELD THAT - The Supreme Court in SMIFS SECURTIES LTD. 2012 (8) TMI 713 - SUPREME COURT held that good will is an asset under Section 32(1) of the Act and is thus eligible for depreciation. Therefore, the aforesaid issue is no longer res integra. Only contention which has been raised by learned counsel for the revenue is that the assessee has not disclosed the particulars of intangible assets, which have been acquired by it and therefore, it is not entitled for the benefit of depreciation under Section 32(1) - From perusal of the order passed by the Assessing Officer itself it is axiomatic that he has found that the goodwill has been calculated and has been allotted to intangibles. For yet another reason, the order passed by the tribunal has to be upheld.- Decided against the revenue

Summary

Issues:
1. Entitlement to claim depreciation under Section 32(1)(ii) of the Income Tax Act in respect of intangible assets.
2. Adequacy of particulars of intangible assets acquired for claiming depreciation.

Analysis:

Issue 1: Entitlement to claim depreciation under Section 32(1)(ii) of the Act
The case involved an appeal by the revenue regarding the entitlement of the assessee to claim depreciation under Section 32(1)(ii) of the Income Tax Act for the Assessment Year 2000-01. The dispute centered around the assessee's claim for depreciation on intangible assets worth ?9,07,25,000, which the revenue contested as not identical and based on an adhoc estimate rather than actual cost as per Section 43(1) of the Act. The Commissioner of Income Tax (Appeals) and the tribunal had allowed the depreciation claim, citing precedents and the Supreme Court's ruling that goodwill is an asset eligible for depreciation under Section 32(1) of the Act. The High Court upheld the tribunal's decision, emphasizing that the Assessing Officer had acknowledged the calculation of goodwill and its allocation to intangible assets, thus supporting the assessee's claim for depreciation.

Issue 2: Adequacy of particulars of intangible assets acquired
The revenue argued that the assessee had not provided sufficient particulars of the intangible assets acquired, which rendered it ineligible for depreciation under Section 32(1) of the Act. However, the court noted that the Assessing Officer's order indicated the calculation of goodwill and its allocation to intangible assets, thereby affirming the validity of the depreciation claim. The court also highlighted the relevance of the decision in SMIFS SECURTIES LTD., which established goodwill as an asset eligible for depreciation under Section 32(1) of the Act. By relying on the Assessing Officer's findings and previous tribunal decisions upheld by the High Court, the court dismissed the revenue's appeal, ruling in favor of the assessee and affirming the entitlement to claim depreciation on intangible assets.

In conclusion, the High Court's judgment in this case clarified the eligibility of the assessee to claim depreciation on intangible assets under Section 32(1)(ii) of the Income Tax Act, emphasizing the importance of assessing the specifics of asset allocation and following established legal precedents regarding goodwill as depreciable assets.