2022 (5) TMI 722 - AT - Income Tax

Depreciation on Goodwill - goodwill arising on amalgamation - HELD THAT - Hon ble Supreme Court in the case of Smifs Securities Ltd. (supra) while considering an identical issue, held that goodwill arising on amalgamation to be a capital asset eligible for depreciation. The facts in the case of Smifs Securities Limited 2012 (8) TMI 713 - SUPREME COURT were similar to that of the present assessee. The consideration paid by the amalgamated company over and above the net assets of the amalgamating company should be considered as goodwill arising on amalgamation. Based on the above, we are of the opinion that the depreciation claimed by the assessee on goodwill acquired deserves to be allowed in accordance with law. Ld.AO is directed to compute depreciation in accordance with the principles laid down in case of Smifs Securities Ltd. Assessee appeal allowed. Short credit of tax deducted at source - AO is directed to verify and grant credit in accordance with the law.

Summary

Issues:
1. Disallowance of depreciation on Goodwill
2. Short Grant of credit of taxes deducted at source

Issue 1: Disallowance of depreciation on Goodwill

The case involved the disallowance of depreciation claimed on goodwill by the assessee after an amalgamation. The Assessing Officer (AO) disallowed the depreciation based on a proviso to section 32(1)(ii) of the Income Tax Act. The Dispute Resolution Panel (DRP) also upheld the disallowance citing various provisions of the Act. The DRP directed the AO to verify the claimed amount. The final assessment order disallowed the depreciation on goodwill, leading the assessee to appeal before the Tribunal.

During the appeal, the assessee argued that the proviso to section 32 did not apply as the goodwill arose in the hands of the assessee for the first time post-merger, and there was no goodwill in the books prior to the amalgamation. The assessee contended that the depreciation should be allowed in accordance with the principles established in relevant case laws.

The Tribunal analyzed the facts and legal precedents cited by both parties. It noted that the case of M/s. United Breweries Ltd. cited by the Revenue did not support their argument as it involved an amalgamating company with pre-existing goodwill, unlike the present case where goodwill arose post-merger. The Tribunal referred to the decision in the case of Smifs Securities Ltd., where the Supreme Court held that goodwill arising on amalgamation is a capital asset eligible for depreciation. Based on this, the Tribunal directed the AO to compute depreciation on goodwill as per the principles laid down in the Smifs Securities case.

Therefore, the Tribunal allowed ground no. 2 raised by the assessee, directing the AO to compute depreciation on goodwill in accordance with the law.

Issue 2: Short Grant of credit of taxes deducted at source

The second issue raised by the assessee pertained to the short grant of credit for taxes deducted at source. The AO had failed to grant credit for a specific amount of tax deducted at source. The Tribunal directed the AO to verify and grant the credit in accordance with the law.

Accordingly, ground no. 3 raised by the assessee was also allowed by the Tribunal.

In conclusion, the Tribunal allowed the appeal filed by the assessee, directing the AO to compute depreciation on goodwill and grant credit for taxes deducted at source as per the applicable laws.

---