Thyssenkrup Elevator (India) Pvt. Ltd. v. ACIT

167 TTJ 131Income Tax Appellate Tribunal2015#7280 most cited

What is Thyssenkrup Elevator (India) Pvt. Ltd. v. ACIT authority for?

Goodwill is considered an 'asset' under Explanation 3 to Section 2(22)(e) and thus falls under the category of 'any other business or commercial right of similar nature'.

15

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2022.

Also referred to as

Thyssenkrup Elevator (India) Pvt. Ltd. v. ACIT · Section 2(22)(e) · Explanation 3 · asset · intangible asset · goodwill · business or commercial rights

Issues it is cited on

Judgments citing Thyssenkrup Elevator (India) Pvt. Ltd. v. ACIT

Grindwell Norton Ltd, Mumbai vs. DCIT 1(3)(2), Mumbai

In the result, appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

ITA 404/MUM/2017[2011-12]Status: DisposedITAT Mumbai12 Apr 2019AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Blea.C.I.T – 9(3)(2) V. M/S Grindwell Norton Ltd., 418, 4Th Floor, Leela Business Park, 5Th Level, Aayakar Bhavan, M.K. Road, Andheri Kurla Road Mumbai-400 020 Mumbai – 400 099 Pan: Aaacg 8725 B (Appellant) (Respondent) M/S Grindwell Norton Ltd., Dy. Commissioner Of Income-Tax -1(3)(2) V. Room No. 535, 5Th Floor, Kalyaniwalla & Mistry Llp, Aayakar Bhavan, M.K. Road, Army & Navy Building, Mumbai-400 020 3Rd Floor, 148 M.G. Road, Fort, Mumbai – 400 001 Pan: Aaacg 8725 B (Appellant) (Respondent) Assessee By : Shri Akram Khan Department By : Shri Kiran Unavekar

For Appellant: Shri Akram KhanFor Respondent: Shri Kiran Unavekar
Section 143(3)Section 14A

…the case of Cosmos Co-op Bank Ltd. v. DCIT (64 SOT 90) and coordinate Bench of Mumbai in the case of DCIT vs. Worldwide Media Pvt Ltd 153 ITD 162. It is further noted by us that Delhi Bench of ITAT in the case of Thyssenkrup Elevator (India) Pvt. Ltd. v. ACIT 167 TTJ 131 also held that where the assessee had acquired business of another company on slump sale basis, excess consideration paid by it over and above the value of net asset acquired, was to be considered as Goodwill u/s 32(1)(ii) which was eligible for depreciation. 5.9. In addition to the above, on facts also, it is noted by us that the assessee broug…

Acie 9(3)(2), Mumbai vs. Grindwell Norton Ltd, Mumbai

In the result, appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

ITA 347/MUM/2017[2011-12]Status: DisposedITAT Mumbai12 Apr 2019AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Blea.C.I.T – 9(3)(2) V. M/S Grindwell Norton Ltd., 418, 4Th Floor, Leela Business Park, 5Th Level, Aayakar Bhavan, M.K. Road, Andheri Kurla Road Mumbai-400 020 Mumbai – 400 099 Pan: Aaacg 8725 B (Appellant) (Respondent) M/S Grindwell Norton Ltd., Dy. Commissioner Of Income-Tax -1(3)(2) V. Room No. 535, 5Th Floor, Kalyaniwalla & Mistry Llp, Aayakar Bhavan, M.K. Road, Army & Navy Building, Mumbai-400 020 3Rd Floor, 148 M.G. Road, Fort, Mumbai – 400 001 Pan: Aaacg 8725 B (Appellant) (Respondent) Assessee By : Shri Akram Khan Department By : Shri Kiran Unavekar

For Appellant: Shri Akram KhanFor Respondent: Shri Kiran Unavekar
Section 143(3)Section 14A

…the case of Cosmos Co-op Bank Ltd. v. DCIT (64 SOT 90) and coordinate Bench of Mumbai in the case of DCIT vs. Worldwide Media Pvt Ltd 153 ITD 162. It is further noted by us that Delhi Bench of ITAT in the case of Thyssenkrup Elevator (India) Pvt. Ltd. v. ACIT 167 TTJ 131 also held that where the assessee had acquired business of another company on slump sale basis, excess consideration paid by it over and above the value of net asset acquired, was to be considered as Goodwill u/s 32(1)(ii) which was eligible for depreciation. 5.9. In addition to the above, on facts also, it is noted by us that the assessee broug…

Thyssenkrup Elevator (India) Pvt. Ltd. v. ACIT (167 TTJ 131) — Cited in 15 Judgments | BharatTax