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“depreciation on goodwill”

DepreciationSection 32Section 32346 judgments

The decision most relied on for depreciation on goodwill is CIT v. Smifs Securities Ltd. (348 ITR 302), cited in 540 judgments on BharatTax.

Leading authorities on depreciation on goodwill

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

Areva T&D India Ltd. v. DCIT
345 ITR 421 · 2012 · High Court
97
citing judgments

Business contracts and commercial rights of similar nature qualify as intangible assets under Section 32(1)(ii) and are eligible for depreciation. The decision also affirms that goodwill is an intangible asset eligible for depreciation.

Additional/Joint/Deputy/Assistant Commissioner of Incometax/Income-tax Officer v. Mylan Laboratories Ltd.
137 Taxmann.com 178 · 2022 · High Court
60
citing judgments

Goodwill arising on amalgamation is entitled to depreciation. This principle is established by multiple High Court decisions.

Beverages 331 ITR 192 (Del) B.Raveendran Pillai v. CIT
237 Taxmann 230 · 2016 · High Court
59
citing judgments

Goodwill arising on amalgamation is an intangible asset qualifying for depreciation under Section 32 of the Income Tax Act.

Ashwin Vanaspati Industries v. CIT
255 ITR 26 · 2002 · High Court
57
citing judgments

Depreciation is allowable on goodwill acquired through the slump sale of a business. When an assessee claims depreciation on the enhanced cost of an asset supported by a registered valuer's report, tax authorities must produce countervailing evidence, such as a departmental valuation report, to challenge it, rather than simply disregarding the expert opinion.

Kerala Vision Ltd. v. ACIT (
35 Taxmann.com 463 · 2013 · ITAT
52
citing judgments

Transactions carried out on the purchase of off-the-shelf software prior to the jurisdictional High Court's decision in CIT v. Samsung Electronics Co. Ltd. (October 15, 2011) are not liable for Tax Deducted at Source (TDS).

Thiru Arooran Sugar Ltd. v. DCIT
350 ITR 324 · 2013 · High Court
44
citing judgments

A deduction for interest expense on borrowed funds used for interest-free advances to group companies is permissible only if the assessee establishes these advances were from surplus funds. The decision further clarifies eligibility for depreciation on intangible assets like non-compete fees, software, goodwill, and commercial rights under section 32(1)(ii), often arising from a slump sale.

Triune Energy Services (P.) Ltd. v. DCIT
65 Taxmann.com 288 · 2016 · High Court
42
citing judgments

When a business is purchased as a going concern, the consideration paid in excess of the value of its tangible assets is classified as goodwill, which is an intangible asset eligible for depreciation without needing a separate valuation.

Judgments citing depreciation on goodwill

DCIT CC 8(2), Mumbai vs. Echjay Industries Private Limited, Mumbai

In the result, both the appeals of the Revenue are dismissed

ITA 5436/MUM/2025[2018-19]Status: DisposedITAT Mumbai30 Oct 2025AY 2018-19

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

For Respondent: Mr. N.R. Rao, Adv
Section 32Section 32(1)

claim themselves had not claimed or were not eligible to claim themselves had not claimed or were not eligible to claim any depreciation on goodwill and therefore, the WDV was any depreciation on goodwill and therefore, the WDV was any depreciation on goodwill and therefore ... declared by various judicial fora, held al facts and the law declared by various judicial fora, held that the assessee was entitled to depreciation on goodwill arising that the assessee was entitled to depreciation on goodwill arising that the assessee was entitled to depreciation on goodwill arising out of amalgamation

Gmm Pfaulder Ltd., Ahmedabad vs. The Pr.CIT, Ahmedabad-1, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 839/AHD/2025[2020-21]Status: DisposedITAT Ahmedabad28 Oct 2025AY 2020-21

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita No.839/Ahd/2025 िनधा"रण वष" /Assessment Year : 2020-21 Gmm Pfaulder Ltd. The Pr.Cit बनाम/ 3Rd Floor, B-Jadav Chambers Ahmedabad-1 V/S. Navrangpura H.O. Ahmedabad – 380 015 Ashram Road Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aabcg 0563 A (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri S.N. Soparkar, Sr. Advocate Revenue By : Shri Sher Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 09/09/2025 घोषणा की तारीख /Date Of Pronouncement: 28 /10/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Of Learned Principal Commissioner Of Income-Tax, Ahmedabad-1 [Hereinafter Referred To As “Ld. Pr. Cit” For Short] Dated 07/03/2025 Passed In Exercise Of His Revisionary Jurisdiction Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short] For Assessment Year (Ay) 2020- 21. 2. The Assessee Has Raised The Following Grounds Of Appeal: Gmm Pfaulder Ltd. Vs. Pcit Asst. Year : 2020-21 2

For Appellant: Shri S.N. Soparkar, Sr. AdvocateFor Respondent: Shri Sher Singh, CIT-DR
Section 135Section 143(3)Section 144BSection 263Section 32Section 80G

revised as being erroneous and prejudicial to the interests of the Revenue. In response, the assessee filed a detailed submission contending that depreciation on goodwill was allowable following the ratio laid down by the Hon’ble Supreme Court in CIT v. Smifs Securities Ltd. (2012) 348 ITR 302 (SC), that ... very foundation of the impugned revisionary order passed under section 263 of the Act is erroneous inasmuch as all the three issues—namely, depreciation on goodwill, provision for warranty, and deduction under section 80G in respect of CSR expenditure—were duly examined and enquired into by the Assessing Officer

Dosti Realty Limited, Mumbai vs. DCIT, Circle-1(1)(1), Mumbai

In the result appeal filed by the assessee stands partly allowed

ITA 6129/MUM/2024[2017-18]Status: DisposedITAT Mumbai28 Oct 2025AY 2017-18

Bench: Smt. Beena Pillai () & Shri Arun Khodpia ()

Section 115JSection 14ASection 37(1)

same needs to be quashed and the grounds of appeal needs to be allowed. 2. Disallowance of depreciation on goodwill of Rs. 9,82,98,189/- a. On facts and circumstances of the case and in law, Ld CIT(A) erred in confirming the action of Ld AO of disallowance ... depreciation on goodwill amounting to Rs. 9,82,98,189/- by holding that no new asset has been transferred from amalgamating company to amalgamated company. Disallowance of depreciation, ignoring the provision of AS-14, scheme of merger approved by High Court & accepted by Income Tax Department

DCIT, Circle- 2(1), New Delhi vs. Akorn India Pvt. Ltd., New Delhi

ITA 6838/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Oct 2025AY 2014-15

Bench: Shri M Balaganesh & Shri Vimal Kumarआ.अ.सं/.I.T.A No.1743/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Akorn India Pvt. Ltd. Dcit, 4Th Floor, Building 9B, Vs. Circle 2(1), Dlf Cyber City, Gurgaon. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.2074/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Acit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6566/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Akorn India Pvt. Ltd. Acit, 4Th Floor, Building 9B, Vs. Circle 2(1), C.R. Building, Dlf Cyber City, Gurgaon. I.P. Estate, New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6837/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Dcit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent

Section 139(5)Section 50C

common issue that emanates in all these grounds is with regard to the determination of the value of Goodwill and claim of depreciation on Goodwill. The Ground Nos. 2 and 2.1. raised by the assessee are challenging the denial of depreciation on Non-Compete Fee paid by the assessee ... aforesaid facts in the notes to financial statements and also in Form 3CD by stating that it reserves its right to claim of depreciation on goodwill and non-compete fees. 7. The Learned AO observed that the statutory auditor of the assessee company apparently has not found the amount

DCIT, Circle- 2(1), New Delhi vs. Akorn India Pvt. Ltd., New Delhi

ITA 6837/DEL/2018[2013-14]Status: DisposedITAT Delhi28 Oct 2025AY 2013-14

Bench: Shri M Balaganesh & Shri Vimal Kumarआ.अ.सं/.I.T.A No.1743/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Akorn India Pvt. Ltd. Dcit, 4Th Floor, Building 9B, Vs. Circle 2(1), Dlf Cyber City, Gurgaon. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.2074/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Acit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6566/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Akorn India Pvt. Ltd. Acit, 4Th Floor, Building 9B, Vs. Circle 2(1), C.R. Building, Dlf Cyber City, Gurgaon. I.P. Estate, New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6837/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Dcit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent

Section 139(5)Section 50C

common issue that emanates in all these grounds is with regard to the determination of the value of Goodwill and claim of depreciation on Goodwill. The Ground Nos. 2 and 2.1. raised by the assessee are challenging the denial of depreciation on Non-Compete Fee paid by the assessee ... aforesaid facts in the notes to financial statements and also in Form 3CD by stating that it reserves its right to claim of depreciation on goodwill and non-compete fees. 7. The Learned AO observed that the statutory auditor of the assessee company apparently has not found the amount

Akorn India Pvt. Ltd., Gurgaon vs. ACIT, Circle-2(1), New Delhi

ITA 6567/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Oct 2025AY 2014-15

Bench: Shri M Balaganesh & Shri Vimal Kumarआ.अ.सं/.I.T.A No.1743/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Akorn India Pvt. Ltd. Dcit, 4Th Floor, Building 9B, Vs. Circle 2(1), Dlf Cyber City, Gurgaon. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.2074/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Acit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6566/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Akorn India Pvt. Ltd. Acit, 4Th Floor, Building 9B, Vs. Circle 2(1), C.R. Building, Dlf Cyber City, Gurgaon. I.P. Estate, New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6837/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Dcit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent

Section 139(5)Section 50C

common issue that emanates in all these grounds is with regard to the determination of the value of Goodwill and claim of depreciation on Goodwill. The Ground Nos. 2 and 2.1. raised by the assessee are challenging the denial of depreciation on Non-Compete Fee paid by the assessee ... aforesaid facts in the notes to financial statements and also in Form 3CD by stating that it reserves its right to claim of depreciation on goodwill and non-compete fees. 7. The Learned AO observed that the statutory auditor of the assessee company apparently has not found the amount

Akorn India Pvt. Ltd., Gurgaon vs. ACIT, Circle-2(1), New Delhi

ITA 6566/DEL/2018[2013-14]Status: DisposedITAT Delhi28 Oct 2025AY 2013-14

Bench: Shri M Balaganesh & Shri Vimal Kumarआ.अ.सं/.I.T.A No.1743/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Akorn India Pvt. Ltd. Dcit, 4Th Floor, Building 9B, Vs. Circle 2(1), Dlf Cyber City, Gurgaon. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.2074/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Acit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6566/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Akorn India Pvt. Ltd. Acit, 4Th Floor, Building 9B, Vs. Circle 2(1), C.R. Building, Dlf Cyber City, Gurgaon. I.P. Estate, New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6837/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Dcit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent

Section 139(5)Section 50C

common issue that emanates in all these grounds is with regard to the determination of the value of Goodwill and claim of depreciation on Goodwill. The Ground Nos. 2 and 2.1. raised by the assessee are challenging the denial of depreciation on Non-Compete Fee paid by the assessee ... aforesaid facts in the notes to financial statements and also in Form 3CD by stating that it reserves its right to claim of depreciation on goodwill and non-compete fees. 7. The Learned AO observed that the statutory auditor of the assessee company apparently has not found the amount

ACIT, New Delhi vs. M/S Akorn India Pvt. Ltd., New Delhi

ITA 2074/DEL/2017[2012-13]Status: DisposedITAT Delhi28 Oct 2025AY 2012-13

Bench: Shri M Balaganesh & Shri Vimal Kumarआ.अ.सं/.I.T.A No.1743/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Akorn India Pvt. Ltd. Dcit, 4Th Floor, Building 9B, Vs. Circle 2(1), Dlf Cyber City, Gurgaon. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.2074/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Acit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6566/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Akorn India Pvt. Ltd. Acit, 4Th Floor, Building 9B, Vs. Circle 2(1), C.R. Building, Dlf Cyber City, Gurgaon. I.P. Estate, New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6837/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Dcit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent

Section 139(5)Section 50C

common issue that emanates in all these grounds is with regard to the determination of the value of Goodwill and claim of depreciation on Goodwill. The Ground Nos. 2 and 2.1. raised by the assessee are challenging the denial of depreciation on Non-Compete Fee paid by the assessee ... aforesaid facts in the notes to financial statements and also in Form 3CD by stating that it reserves its right to claim of depreciation on goodwill and non-compete fees. 7. The Learned AO observed that the statutory auditor of the assessee company apparently has not found the amount

Akorn India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

ITA 1743/DEL/2017[2012-13]Status: DisposedITAT Delhi28 Oct 2025AY 2012-13

Bench: Shri M Balaganesh & Shri Vimal Kumarआ.अ.सं/.I.T.A No.1743/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Akorn India Pvt. Ltd. Dcit, 4Th Floor, Building 9B, Vs. Circle 2(1), Dlf Cyber City, Gurgaon. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.2074/Del/2017 िनधा"रणवष"/Assessment Year:2012-13 बनाम Acit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6566/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Akorn India Pvt. Ltd. Acit, 4Th Floor, Building 9B, Vs. Circle 2(1), C.R. Building, Dlf Cyber City, Gurgaon. I.P. Estate, New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6837/Del/2018 िनधा"रणवष"/Assessment Year:2013-14 बनाम Dcit, Akorn India Pvt. Ltd. Circle 2(1), Room No.153A, Vs. 1105-1106, Ashoka Estate, C.R. Building, I.P. Estate, Barakhamba Road, New Delhi. New Delhi. Pan No.Aajca8290J अपीलाथ" Appellant ""यथ"/Respondent

Section 139(5)Section 50C

common issue that emanates in all these grounds is with regard to the determination of the value of Goodwill and claim of depreciation on Goodwill. The Ground Nos. 2 and 2.1. raised by the assessee are challenging the denial of depreciation on Non-Compete Fee paid by the assessee ... aforesaid facts in the notes to financial statements and also in Form 3CD by stating that it reserves its right to claim of depreciation on goodwill and non-compete fees. 7. The Learned AO observed that the statutory auditor of the assessee company apparently has not found the amount

Dy.CIT, Circle-1(1), Chandigarh vs. M/S Glaxosmithkline Consumer Pvt. Ltd., Nabha

In the result, Revenue’s appeal is dismissed

ITA 121/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh16 Oct 2025AY 2016-17

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 121/Chd/2023 "नधा"रण वष" / Assessment Year : 2016-17 Dcit, M/S Glaxosmithkline Circle 1(1), बनाम Consumer Pvt. Ltd., Chandigarh Patiala Road, Vs. Nabha. Punjab "थायी लेखा सं./Pan No. Aafcg8415R अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Mode ) "नधा"रती क" ओर से/Assessee By : Sh. Ajay Vohra, Sr. Advocate With Sh. Neeraj Jain, Advocate & Ms. Somya Jain, Ca (Virtual) राज"व क" ओर से/ Revenue By : Shri Manav Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 06.08.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 16.10.2025 आदेश/Order Per Krinwant Sahay, Am:

For Appellant: Sh. Ajay Vohra, Sr. Advocate with Sh. Neeraj Jain, Advocate and Ms. Somya Jain, For Respondent: Shri Manav Bansal, CIT DR
Section 32(1)

grounds of appeal are as under: 1. The Ld. CIT(A) has erred on facts and circumstances of the case in allowing the depreciation on goodwill amounting to Rs. 27,30,71,379/- @100% of the prescribed rates instead of 50% as prescribed in second proviso to section ... grounds of appeal but the only issue i.e., involved in all these three grounds are against the CIT(A)’s order in allowing ‘depreciation on goodwill’ @ 100% of the prescribed rates instead of 50% as prescribed in second proviso to section 32(1) of the Income

Bakeri Projects Private Limited, Ahmedabad vs. The Dy.CIT, Circle-1(1)(1), Ahmedabad

In the result, the appeals of the assessee on this ground are allowed

ITA 785/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad10 Oct 2025AY 2016-17

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleassessment Year 2016-17

For Appellant: Shri S.N. Soparkar, A.RFor Respondent: Shri R.P. Rastogi, CIT-D.R
Section 143(2)Section 271(1)(c)Section 274Section 32Section 32(1)Section 32(1)(ii)Section 43(1)Section 43(6)

under consideration on the goodwill of Rs. 96,12,19,145 recognized during the course of amalgamation. The AO has disallowed the said depreciation on goodwill at Rs. 24,03,04,786/-. 4. Being aggrieved by the assessment order, the assessee filed appeal before ... which the assessee can claim depreciation. In the case of Zydus Wellness Centre Ltd. Vs. DCIT, the ITAT allowed the claim of depreciation on goodwill arising on amalgamation claimed by the assessee during the course of assessment proceedings by filing revised computation of income and without filing revised return

Cpl Holdings LLP (Successor to Cpl Holdings Private Limited), Ahmedabad vs. The Pr. CIT, Ahmedabad-3, Ahmedabad

In the result, the appeal of the assessee is dismissed

ITA 1022/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad08 Oct 2025AY 2018-19

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaassessment Year: 2018-19

Section 143(3)Section 263Section 32

Rs.16,62,33,630/-. 2.1 Subsequently, the case record was called for and examined by the Ld. PCIT. He found that the depreciation on goodwill claimed by the assessee was Rs.27,36,20,888/-, whereas the Assessing Officer had made disallowance of depreciation of goodwill of Rs.10 ... dated 12.04.2021 was set aside with a direction to the Assessing Officer to pass fresh order after making correct addition of depreciation on goodwill. 3. Aggrieved with the order of the Ld. PCIT, the assessee is in appeal before us. The following grounds have been taken by the assessee

Vishal Furnishing Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 8(3)(1), Mumbai

ITA 4550/MUM/2024[2018-19]Status: DisposedITAT Mumbai01 Oct 2025AY 2018-19

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Vishal Furnishing Limited Assistant Commissioner Of Income 211, Shiv Shakti Industrial Complex, Tax, Circle 8(3)(1), Mumbai. Vs. Lower Parel, Mumbai – 400011. Pan/Gir No. Aaacr2138K (Appellant) : (Respondent) Assessee By : Shri Rahul Hakkani Respondent By : Shri Vivek Perampurna (Cit Dr) Date Of Hearing : 10.07.2025 Date Of Pronouncement : 01.10.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1) The Learned Cit(A) Failed To Appreciate That The Assessment Order Was Passed In Violation Of The Principles Of Natural Justice & Contrary To The Scheme Of Assessment & Hence The Assessment Order Was A Nullity & Deserves To Be Quashed. 2) The Ld Cit(A) Erred In Confirming The Order Of Ao Disallowing Depreciation On Goodwill Of Rs 4,12,73,088/- (As Claimed In Accounts) Without Appreciating That Goodwill Had Arisen On Amalgamation & Was Eligible For Depreciation U/S 32 & Hence The Addition Of Rs 4,12,73,088/-May Be Deleted. Vishal Furnishing Limited

For Appellant: Shri Rahul HakkaniFor Respondent: Shri Vivek Perampurna (CIT DR)
Section 143(2)Section 250Section 32Section 32(1)Section 36(1)(va)

Assessment order was a nullity and deserves to be quashed. 2) The Ld CIT(A) erred in confirming the order of AO disallowing depreciation on Goodwill of Rs 4,12,73,088/- (as claimed in Accounts) without appreciating that goodwill had arisen on amalgamation and was eligible for depreciation ... hence the addition of Rs 4,12,73,088/-may be deleted. Vishal Furnishing Limited 3) Without prejudice to above, addition of depreciation on goodwill may be restricted to Rs 3,85,43,520/- which is claimed u/s 32 and not Rs. 4,12,73,088 as claimed

Pmv Maltings Pvt Ltd, New Delhi vs. ACIT Circle-19(2), New Delhi

In the result the appeal of the assessee for ITA No

ITA 6906/DEL/2019[2016-17]Status: DisposedITAT Delhi26 Sept 2025AY 2016-17

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

Section 143(3)Section 32

appeal, in the two appeals, is regarding denial of assessee’s claim of appreciation on goodwill. Briefly put, the assessee had claimed depreciation on goodwill of Rs.3,11,69,515/- and Rs.2,33,77,136/- in assessment year 2015-16 and 2016-17 which was denied by the Ld.AO ... supra which are being contested through the present appeal. Before the lower authorities the assessee had submitted that its case of claim of depreciation on goodwill, is covered by the decision of Hon’ble Supreme Court in the case of Smifs Securities Limited 348 ITR 302. The principal argument

Pmv Maltings Pvt Ltd, New Delhi vs. ACIT Circle-19(2), New Delhi

In the result the appeal of the assessee for ITA No

ITA 3103/DEL/2019[2015-16]Status: DisposedITAT Delhi26 Sept 2025AY 2015-16

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

Section 143(3)Section 32

appeal, in the two appeals, is regarding denial of assessee’s claim of appreciation on goodwill. Briefly put, the assessee had claimed depreciation on goodwill of Rs.3,11,69,515/- and Rs.2,33,77,136/- in assessment year 2015-16 and 2016-17 which was denied by the Ld.AO ... supra which are being contested through the present appeal. Before the lower authorities the assessee had submitted that its case of claim of depreciation on goodwill, is covered by the decision of Hon’ble Supreme Court in the case of Smifs Securities Limited 348 ITR 302. The principal argument

DCIT, Central Circle-3(2), Mumbai vs. Yola Stays Limited, Mumbai

The appeal of the revenue is dismissed

ITA 1252/MUM/2025[2016-17]Status: DisposedITAT Mumbai22 Sept 2025AY 2016-17

Bench: Shri Saktijit Dey, Vp & Ms Padmavathy S, Am

For Appellant: Shri Swapnil Chaudhary, Sr. DRFor Respondent: Shri Kapil Hirani (Virtually
Section 250Section 32Section 32(1)(ii)

failed to appropriately apply the provisions of Section 32(1)(ii) of the Income Tax Act, 1961 by allowing depreciation on goodwill, which is not related to any identifiable intangible asset with a defined useful life, and thus should not have been allowed for depreciation.” 2. The assessee ... accounted as good will. Though the AO is contending that the assessee has indirectly acquired the land as a reason for denying depreciation on Goodwill, the AO did not record any adverse finding with regard to determination of the consideration paid by the assessee. It is a settled position that

Ss Group (P) Ltd, Haryana vs. ACIT Cirlce-4(1), Gurgaon, Haryana

In the result, the appeal filed by the assessee is allowed

ITA 1094/DEL/2025[2015-16]Status: DisposedITAT Delhi17 Sept 2025AY 2015-16

Bench: Shri S.Rifaur Rahman & Shri Sudhir Kumarm/S. Ss Group (P) Ltd., Vs. Acit, Circle 4 (1), Ss House, Plot No.77, Sector 44, Gurgaon. Sector 45, Gurgaon – 122 001 (Haryana). (Pan : Aadcr8945B) (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate Shri Somil Agarwal, Advocate Shri Saksham Agarwal, Ca Revenue By : Ms. Amisha S. Gupt, Cit Dr Date Of Hearing : 14.08.2025 Date Of Order : 17.09.2025 O R D E R Per S.Rifaur Rahman,Am: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 07.02.2025 For The Assessment Year 2015-16 Affirming The Penalty Order Dated 21.03.2022 Passed U/S 271(1)(C) Of The Income-Tax Act, 1961 (For Short ‘The Act’).

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Ms. Amisha S. Gupt, CIT DR
Section 271(1)(c)Section 40A(3)

declaring inaccurate particulars of income. He submitted that in quantum, AO has proceeded to make addition under two heads, (i) claim of depreciation on goodwill; and (ii) disallowance/deemed income u/s 40A(3) of the Act. He submitted that against the quantum order, assessee preferred an appeal before the ITAT wherein ... assessee. Since the above issue is decided in favour of the assessee, the relevant penalty levied on the above claim of depreciation on goodwill deserves to be deleted. Accordingly, penalty levied on the depreciation of goodwill is hereby deleted. 6. With regard to disallowance of expenditure

Sprit Infrapower & Multiventures Private Limited, Mumbai vs. PCIT-8, Mumbai

The appeal of the assessee is allowed

ITA 1589/MUM/2025[2018-19]Status: DisposedITAT Mumbai10 Sept 2025AY 2018-19

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Appellant: Shri Madhur Agrawal, AR
Section 143(3)Section 263Section 32(1)

Transfer Pricing Adjustment (TP Adjustment) of Rs. 5,30,00,590/-. The PCIT on verification of records noticed that the assessee has claimed depreciation on goodwill to the tune of Rs. 11,49,27,522/-. The PCIT further noticed that the goodwill on which the assessee has claimed depreciation under ... reflected in the balance-sheet and that the assessee has not debited any depreciation in the P&L A/c. The PCIT held that depreciation on goodwill cannot be claimed and since the AO has allowed the depreciation while completing the assessment there is an error in the order

Dynaspede Integrated Systems Private Limited, Salem Tamil Nadu vs. Deputy Commissioner of Income Tax, Salem

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 1861/CHNY/2024[2014-15]Status: DisposedITAT Chennai08 Sept 2025AY 2014-15

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble Amitabh Shuklaआयकर अपील सं./ Ita Nos.1860 & 1861/Chny/2024 िनधा=रण वष= /Assessment Years: 2013-14 & 2014-15

For Appellant: Shri Narahari Nava Kanth, C.A LMFor Respondent: Ms. R. Anitha, Addl. CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 32(1)

dated 27.03.2018, and reassessment u/s 143(3) r.w.s. 147 of the Act was completed on 14.12.2018 by the ACIT, Circle-1, Hosur, disallowing depreciation on goodwill amounting to Rs. 2,74,15,039/-. The reopening was initiated based on the interpretation of the proviso to section ... assessee objected to the reopening vide letter dated 15.11.2018, however, the objections were rejected by the AO. It was held that depreciation on goodwill arising from amalgamation was not allowable in view of the fifth proviso to section 32(1) of the Act. Aggrieved by the same, the assessee preferred

Dynaspede Integrated Systems Private Limited, Salem, Tamil Nadu vs. Deputy Commissioner of Income Tax, Salem

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 1860/CHNY/2024[2013-14]Status: DisposedITAT Chennai08 Sept 2025AY 2013-14

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble Amitabh Shuklaआयकर अपील सं./ Ita Nos.1860 & 1861/Chny/2024 िनधा=रण वष= /Assessment Years: 2013-14 & 2014-15

For Appellant: Shri Narahari Nava Kanth, C.A LMFor Respondent: Ms. R. Anitha, Addl. CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 32(1)

dated 27.03.2018, and reassessment u/s 143(3) r.w.s. 147 of the Act was completed on 14.12.2018 by the ACIT, Circle-1, Hosur, disallowing depreciation on goodwill amounting to Rs. 2,74,15,039/-. The reopening was initiated based on the interpretation of the proviso to section ... assessee objected to the reopening vide letter dated 15.11.2018, however, the objections were rejected by the AO. It was held that depreciation on goodwill arising from amalgamation was not allowable in view of the fifth proviso to section 32(1) of the Act. Aggrieved by the same, the assessee preferred