Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, ‘D’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi
M/s. Landis+Gyr Ltd..……………………................……………………………….…………………...Respondent [PAN : AAACV 9922 B] Appearances by: Shri S. Halder, Sr. DR, appeared on behalf of the Appellant. Shri Rahul Shah and A.K. Patel, Ld. AR, appeared on behalf of the Respondent.. Date of concluding the hearing : January 14, 2019 Date of pronouncing the order : January 16, 2019 ORDER Per J. Sudhakar Reddy, Accountant Member :-
This appeal by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals)-2, Kolkata [hereinafter the ‘ld. CIT(A)’], dated 01.02.2018 passed u/s 143(3)/144C(3) of the Income Tax Act, 1961 (the ‘Act’) for the assessment year 2009-10.
After hearing rival contentions, we find that the sole issue that has to be adjudicated is whether the ld. CIT(A) was justified in admitting additional ground on the issue of depreciation on goodwill and thereafter grants the same and also allowing depreciation on intellectual property rights.
We find that the ld. CIT(A) has followed the order of the Tribunal in the assessee’s own case for the Assessment Year 2010-11 and 2011-12 in and ITA No.619/Kol/2016 passed on 13.09.2017 and granted depreciation on intellectual property rights. Similarly, on the issue of grant of depreciation on goodwill after admitting an additional ground of the assessee, the ld. CIT(A) followed this very order of the Tribunal and allowed the issue.
2 M/s. Landis+Gyr Ltd Assessment Year: 2012-13 4. As ld. CIT(A) has followed the decision of the Tribunal in the assessee’s own case, we find no infirmity in the same on both the issues. 5. In the result, the appeal of the Revenue is dismissed. Kolkata, the 16th January, 2019.