PMV MALTINGS PVT LTD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 19(1) & ANR.
What did the High Court hold?
The High Court admitted the appeals for consideration. It framed a substantial question of law regarding the sustainability of the disallowance of depreciation on goodwill, especially post-demerger.
What were the facts?
The appeals concern the eligibility of depreciation on goodwill claimed by the assessee for Assessment Years 2015-16 and 2016-17. The assessee relied on a Supreme Court judgment to support its claim for depreciation on goodwill.
What were the issues?
The primary issue is whether goodwill is eligible for depreciation under Section 32 of the Income Tax Act, particularly in the context of a demerger and for the assessment years in question.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Smifs Securities Ltd.540 citing348 ITR 302 · 2012 · SC
$~15 & 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 363/2023 & CM APPL. 34723/2023
PMV MALTINGS PVT LTD
..... Appellant Through: Mr Satyen Sethi and Mr Arta Trana Panda, Advs.
versus
DY. COMMISSIONER OF INCOME TAX, CIRCLE 19(1) & ANR.
..... Respondents
Through: Mr Aseem Chawla , Sr Standing Counsel with Ms Pratishtha Chaudhary and Mr Aditya Gupta, Advs.
+ ITA 366/2023 & CM APPL. 34732/2023
PMV MALTINGS PVT LTD
..... Appellant Through: Mr Satyen Sethi and Mr Arta Trana Panda, Advs.
versus
DY COMMISSIONER OF INCOME TAX, CIRCLE 19(1) & ANR.
..... Respondents
Through: Mr Aseem Chawla , Sr Standing Counsel with Ms Pratishtha Chaudhary and Mr Aditya Gupta, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R %
12.07.2023 [Physical Hearing/Hybrid Hearing (as per request)]
ITA 363/2023 & 366/2023
page 1 of 2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:13:27
CM No.34723/2023 in ITA 363/2023 CM No.34732/2023 in ITA 366/2023 1. Allowed, subject to the appellant filing legible copies of the annexures, at least three days before the next date of hearing. ITA 363/2023 ITA 366/2023 2. The above-captioned appeals concern Assessment Year (AY) 2016-17 [ITA No.363/2023] and AY 2015-16 [ITA No.366/2023]. 3. Admit. 4. The following question of law is framed for the consideration of this court: Whether disallowance of depreciation claimed on goodwill under Section 32, albeit post demerger was sustainable in law? 5. That goodwill was eligible for depreciation in the period in issue is sought to be supported by the judgment of the Supreme Court rendered in CIT vs. Smiff Securities Ltd., (2012) 348 ITR 302. SC 6. List the above-captioned appeals on 10.01.2024. 7. In the meanwhile, learned counsel for the parties will file their written submissions, not exceeding three (3) pages each, at least three (3) days before the next date of hearing.
RAJIV SHAKDHER, J
GIRISH KATHPALIA, J
JULY 12, 2023
Click here to check corrigendum, if any ITA 363/2023 & 366/2023
page 2 of 2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:13:27
More judgments on Section 32
- Azure Knowledge Corporation Private… vs The Dy.CIT, Circle-1(1)(1), AhmedabadITA 2013/AHD/2024[2018-19]Status: Disposed19 Oct 2026AY 2018-19
- Doms Industries Ltd, Valsad vs PCIT, ValsadITA 595/SRT/2025[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Aeon Formulations Private Limited, Chennai vs Income Tax Officer, Corporate Ward 2(1)…ITA 2481/CHNY/2026[2018-19]Status: Disposed12 Oct 2026AY 2018-19
- Fiitjee Limited, Delhi vs Assistant Commissioner of Income Tax…ITA 9186/DEL/2025[2012-13]Status: Disposed30 Sept 2026AY 2012-13
- Fiitjee Limited, Delhi vs Deputy Commissioner of Income Tax, Central…ITA 9185/DEL/2025[2013-14]Status: Disposed30 Sept 2026AY 2013-14
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