M/S.GEOJIT SECURITIES LIMITED, vs. THE ASST.COMMISSIONER OF INCOME TAX,
What did the High Court hold?
The High Court held that the membership card of the Bombay Stock Exchange (BSE) is an intangible asset and depreciation can be claimed thereon. This finding is based on the binding declaration made by the Honourable Supreme Court in Techno Shares and Stocks Ltd. v. Commissioner of Income Tax (2010) 327 ITR 323 (SC). Consequently, the question of law is answered in favour of the assessee and against the Revenue. The orders of the lower authorities disallowing the claim for depreciation on the BSE membership for all the assessment years are set aside. The appeals are allowed, with parties to bear their own costs.
What were the facts?
The assessee, M/s Geojit Securities Limited (formerly Geojit Financial Services Ltd.), a company dealing in stocks and securities, claimed deduction for membership fees paid to the Bombay Stock Exchange (BSE) as depreciation under Section 32(1)(ii) of the Income Tax Act, 1961. The Assessing Officer and the Income Tax Appellate Tribunal (ITAT) disallowed this claim for the assessment years in question. The assessee filed appeals before the High Court of Kerala against the orders of the ITAT, Cochin Bench, dated March 25, 2009. The appeals were heard together.
What were the issues?
1. Whether the membership card of the Bombay Stock Exchange (BSE) is an intangible asset eligible for depreciation under Section 32(1)(ii) of the Income Tax Act, 1961? Assessee's contention: The assessee argued that the membership card of the BSE qualifies as an intangible asset and therefore, depreciation should be allowed on the membership fees paid. The assessee relied on the Supreme Court's decision in Techno Shares and Stocks Ltd. v. Commissioner of Income Tax. Revenue's contention: The Revenue contended that the membership fees are not eligible for depreciation. The judgment does not record specific arguments from the Revenue beyond their consistent disallowance in lower authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T Vinod Chandran, J.
The assessee is a Company incorporated, inter alia, with the object of dealing in stocks and securities. The assessee had taken membership in the Bombay Stock Exchange (BSE). The membership fees was sought to be claimed as deduction under Section 32(1) (ii) of the Income Tax Act, 1961 as depreciation. The lower authorities consistently disallowed the claim for all the three assessment years. As of now, the finding of the lower authorities stands vitiated by the reason of the binding declaration made by the Honourable Supreme Court in (2010) 327 ITR 323 (SC) [Techno Shares and Stocks Ltd. v. Commissioner of Income Tax].
The Honourable Supreme Court had held that the membership card of the BSE is an intangible asset and depreciation can be claimed thereon. The issue raised in the above cases is also with respect to the membership taken in the BSE. Hence, the question of -5- law has to be answered in favour of the assessee and against the Revenue. The orders of the lower authorities for all the assessment years would stand set aside on that aspect. In view of the above, these ITAs would stand allowed leaving the parties to suffer their respective costs. K.VINOD CHANDRAN JUDGE ASHOK MENON JUDGE -6-
Appendix — schedule of exhibits
More judgments on Section 32(1)(ii)
- Msrdc Sea Link Limited, Mumbai vs Principal Commissioner of Income Tax -4…ITA 3693/MUM/2025[2020-21]Status: Disposed25 Sept 2026AY 2020-21
- Tata Communications Ltd, Mumbai vs DCIT 1(3)(2), MumbaiITA 977/MUM/2016[2011-12]Status: Disposed25 Sept 2026AY 2011-12
- DCIT 1(3)(2), Mumbai vs Tata Communications Ltd, MumbaiITA 830/MUM/2016[2011-12]Status: Disposed25 Sept 2026AY 2011-12
- Baleshwar Kharagpur Expressway Limited… vs PCIT-6, MumbaiITA 5714/MUM/2026[2018-19]Status: Disposed24 Sept 2026AY 2018-19
- Bank of India, Mumbai vs Deputy Commissioner of Income Tax, MumbaiITA 2810/MUM/2026[2021-22]Status: Disposed23 Sept 2026AY 2021-22
Recent GST High Court judgments
Search GST case law →- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026