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TMI Blog2010 (10) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... unds of cross objection in the respective appeals and cross objection are as under: - Grounds of ITA No. 3810/Del/2010: - 1. "The order of the ld. CIT(A) is erroneous and contrary to facts and law. 2. On the facts and in the circumstances of the case and in law, the ld. CIT(A) has erred in deleting disallowance of ₹ 53,55,000/- on account of deferred revenue expenditure. 2.1The ld. CIT(A) has erred in ignoring the fact that the benefit of depreciation u/s 32 of the Act is allowable on tangible assets and goodwill is intangible asset and is not entitled for the benefit of depreciation. 3. The appellant craves leave to add, to alter, or amend any grounds of the appeal raised above at the time of hearing." Grounds of ITA No. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are also vague. c) That the notice u/s 148 issued is illegal as it tantamounts to change of opinion by the ld. AO. 4. That the respondent assessee reserves its right to add, amend/modify the grounds of cross objections." 2. At the outset it was pointed out by ld. AR that issues raised by the department in its appeals are covered by the earlier orders of the Tribunal. He referred to the pages no. 43 to 62 of the paper book in which the copies of orders of ITAT are placed as below: - Asstt. Year Order Dated ITA No. Page No. 2002-03 27.03.09 2880Del/09 43-46 2005-06 06.07.09 3336/Del/08 47-57 2006-07 5.01.09 3435/Del/09 58-62 3. Ld. DR was requested to go through the orders of the Tribunal and to point out that whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which they have incurred and, therefore, he has allowed the claim of the assessee. 7. Before us reliance was placed by the assessee on the order of the Tribunal for A.Y. 2003-04 and 2004-05 in ITA Nos. 3365 and 3335/Del/08 dated 6th July, 2009 following which the Tribunal has deleted the similar addition following the aforementioned order dated 6th July, 2009 the relevant portion is reproduced below: - 6. "Having given our consideration to the facts and circumstances of the case and in the light of decisions cited at the Bar, we do not find any substance in these appeals of the revenue. It is well settled preposition that question whether claim of expenditure is to be allowed or not, has to be considered as per statutory provision and no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be treated as of capital nature. This proposition is now well accepted in the light of decision of Supreme Court noted by ld. CIT(Appeals) in the impugned order. There being no dispute that expenses were necessary for efficient running of business and, therefore, for the purposes of business, these were required to be allowed in terms of sec. 37(1) of the Income Tax Act. On facts, we do not find any error in the approach of ld. CIT(Appeals). The view of ld. CIT(Appeals) in both the assessment years is hereby confirmed and the common ground raised by the revenue is dismissed." 8. In this view of the situation, after hearing both the parties respectfully following the aforementioned order of the Tribunal this issue is decided in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in treating entries in the books of account as conclusive and in taking payment in dispute as consideration for acquisition of goodwill. It is now more or les settled that entries in books cannot be treated as conclusive and true nature of transaction has to be determined with reference to law. The ld. CIT(A) in the impugned order examined the issue with reference to agreement and found that payment was made for acquisition of commercial rights. On facts and circumstances of the case, we do not find any error in then approach of the ld. CIT(A). His action is hereby confirmed." 10. In this view of the situation, after hearing both the parties we see no infirmity in the order of CIT(A) vide which the assessee has been held eligible for dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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