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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

Deputy Commissioner of Income-Tax, Chennai vs. Indian Overseas Bank, Chennai

In the result, appeal filed by the revenue for AY 2021-22 is partly allowed for statistical purpose

ITA 377/CHNY/2024[2021-22]Status: DisposedITAT Chennai30 May 2025AY 2021-22

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकर अपीलसं./I.T.A.Nos.299 & 300/Chny/2024 (िनधा"रण वष" / Assessment Years: 2020-21 & 2021-22) Vs Deputy Commissioner Of Income Indian Overseas Bank, 763, Anna Salai, Tax, Chennai-600 002. Non-Corporate Circle - 8, Chennai. Pan : Aaaci-1223-J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपीलसं./I.T.A.Nos.354 & 377/Chny/2024 (िनधा"रणवष" / Assessment Years: 2020-21 & 2021-22) Deputy Commissioner Of Income Vs Indian Overseas Bank, Tax, 763, Anna Salai, Non-Corporate Circle - 8, Chennai-600 002. Chennai. Pan : Aaaci-1223-J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr. C.Naresh, C.A
Section 143(2)Section 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 43BSection 90

paid during the year by misconstruing the same as provision for leave salary and confirming the disallowance of the said amounts. Depreciation on goodwill 4.1 The Ld CIT(A) erred in denying depreciation on goodwill on the contention that the same was internally generated, overlooking the fact that the same ... raised by the assessee is allowed for statistical purposes. 6. The next ground of appeal raised by the assessee is in regard to depreciation on goodwill amounting to Rs.2,60,29,537/-. The learned counsel for the assessee submitted that during the year under consideration, the assessee claimed depreciation

DCIT Non Corporate Circle-8, Chennai vs. Indian Overseas Bank, Chennai

In the result, appeal filed by the revenue for AY 2021-22 is partly allowed for statistical purpose

ITA 354/CHNY/2024[2020-21]Status: DisposedITAT Chennai30 May 2025AY 2020-21

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकर अपीलसं./I.T.A.Nos.299 & 300/Chny/2024 (िनधा"रण वष" / Assessment Years: 2020-21 & 2021-22) Vs Deputy Commissioner Of Income Indian Overseas Bank, 763, Anna Salai, Tax, Chennai-600 002. Non-Corporate Circle - 8, Chennai. Pan : Aaaci-1223-J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपीलसं./I.T.A.Nos.354 & 377/Chny/2024 (िनधा"रणवष" / Assessment Years: 2020-21 & 2021-22) Deputy Commissioner Of Income Vs Indian Overseas Bank, Tax, 763, Anna Salai, Non-Corporate Circle - 8, Chennai-600 002. Chennai. Pan : Aaaci-1223-J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr. C.Naresh, C.A
Section 143(2)Section 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 43BSection 90

paid during the year by misconstruing the same as provision for leave salary and confirming the disallowance of the said amounts. Depreciation on goodwill 4.1 The Ld CIT(A) erred in denying depreciation on goodwill on the contention that the same was internally generated, overlooking the fact that the same ... raised by the assessee is allowed for statistical purposes. 6. The next ground of appeal raised by the assessee is in regard to depreciation on goodwill amounting to Rs.2,60,29,537/-. The learned counsel for the assessee submitted that during the year under consideration, the assessee claimed depreciation

Indian Overseas Bank, Chennai vs. DCIT(A), Chennai

In the result, appeal filed by the revenue for AY 2021-22 is partly allowed for statistical purpose

ITA 300/CHNY/2024[2021-22]Status: DisposedITAT Chennai30 May 2025AY 2021-22

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकर अपीलसं./I.T.A.Nos.299 & 300/Chny/2024 (िनधा"रण वष" / Assessment Years: 2020-21 & 2021-22) Vs Deputy Commissioner Of Income Indian Overseas Bank, 763, Anna Salai, Tax, Chennai-600 002. Non-Corporate Circle - 8, Chennai. Pan : Aaaci-1223-J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपीलसं./I.T.A.Nos.354 & 377/Chny/2024 (िनधा"रणवष" / Assessment Years: 2020-21 & 2021-22) Deputy Commissioner Of Income Vs Indian Overseas Bank, Tax, 763, Anna Salai, Non-Corporate Circle - 8, Chennai-600 002. Chennai. Pan : Aaaci-1223-J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr. C.Naresh, C.A
Section 143(2)Section 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 43BSection 90

paid during the year by misconstruing the same as provision for leave salary and confirming the disallowance of the said amounts. Depreciation on goodwill 4.1 The Ld CIT(A) erred in denying depreciation on goodwill on the contention that the same was internally generated, overlooking the fact that the same ... raised by the assessee is allowed for statistical purposes. 6. The next ground of appeal raised by the assessee is in regard to depreciation on goodwill amounting to Rs.2,60,29,537/-. The learned counsel for the assessee submitted that during the year under consideration, the assessee claimed depreciation

Indian Overseas Bank, Chennai vs. DCIT(A), Chennai

In the result, appeal filed by the revenue for AY 2021-22 is partly allowed for statistical purpose

ITA 299/CHNY/2024[2020-21]Status: DisposedITAT Chennai30 May 2025AY 2020-21

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकर अपीलसं./I.T.A.Nos.299 & 300/Chny/2024 (िनधा"रण वष" / Assessment Years: 2020-21 & 2021-22) Vs Deputy Commissioner Of Income Indian Overseas Bank, 763, Anna Salai, Tax, Chennai-600 002. Non-Corporate Circle - 8, Chennai. Pan : Aaaci-1223-J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपीलसं./I.T.A.Nos.354 & 377/Chny/2024 (िनधा"रणवष" / Assessment Years: 2020-21 & 2021-22) Deputy Commissioner Of Income Vs Indian Overseas Bank, Tax, 763, Anna Salai, Non-Corporate Circle - 8, Chennai-600 002. Chennai. Pan : Aaaci-1223-J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr. C.Naresh, C.A
Section 143(2)Section 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 43BSection 90

paid during the year by misconstruing the same as provision for leave salary and confirming the disallowance of the said amounts. Depreciation on goodwill 4.1 The Ld CIT(A) erred in denying depreciation on goodwill on the contention that the same was internally generated, overlooking the fact that the same ... raised by the assessee is allowed for statistical purposes. 6. The next ground of appeal raised by the assessee is in regard to depreciation on goodwill amounting to Rs.2,60,29,537/-. The learned counsel for the assessee submitted that during the year under consideration, the assessee claimed depreciation