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TMI Blog2011 (12) TMI 565X X X X Extracts X X X X X X X X Extracts X X X X ..... G. C. Gupta (Vice-President) These four appeals by the Revenue for the Asstt.Year 2004-2005, 2005-2006 and 2006- 2007 are directed against the order of the Commissioner of Income- Tax (Appeals), Ahmedabad. They are being disposed of with this consolidated order. 2. Identical ground in all appeals in these four appeals by the Revenue reads as under: "1. The ld.CI(A) has erred in law and on fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee-firm had established trade mark of its own. He relied on the decision of the ITAT Mumbai Benches in the case of Skyline Carters Pvt. Ltd. Vs. ITO, 20 SOT 266 (Mum) in support of the arguments. 4. We have considered rival submissions and perused the orders of the AO and the CIT(A). We find that the only common issue in these four appeals for adjudication before us is regarding disallowance of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he IT Act. These facts have not been doubted by the Revenue. The CITA) recorded a finding that the payments had been made not only for the sake of "Goodwill" but for rights of commercial nature i.e. marketing rights for the purpose of acquiring above intangible assets and tools of business. The CIT(A) has further observed that the retirement deed also clearly substantiated the above factual positi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tners were to be paid some consideration as they were foregoing their rights to the incoming partners and denial of the depreciation on goodwill was not justified. In this view of the matter we confirm order of the CIT(A) and the common ground raised in these four appeals of the Revenue is dismissed. 5. In the result, the all the appeals of the Revenue are dismissed. Order pronounced in Open Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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