“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

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

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

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

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

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

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

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

Oriental Buildtech Private Limited, New Delhi vs. The Principal Commissioner of Income Tax - 7, Delhi, C.R. Building, ITO, New Delhi

In the result, the appeal of assessee is allowed

ITA 3263/DEL/2023[2016-17]Status: DisposedITAT Delhi26 May 2025AY 2016-17

Bench: Itat Which Was Decided Through Order Dated 23.02.2023. As Per Directions Of Itat, Ld. Pcit Passed Order Dated 31.10.2023. 3. Being Aggrieved, Appellant/Assessee Preferred Present Appeal.

Section 143(3)Section 263Section 48

jurisdiction under Section 263 vide order dated 31.03.2021 and directed the Ld. AO to conduct due verification of claim made in return of depreciation on goodwill and pass appropriate order. Assessee filed ITA No.911/Del/2021 before ITAT which was decided through order dated 23.02.2023. As per directions of ITAT, Ld. PCIT ... paper books ). The reasons stated for invoking jurisdiction under Section 263 of the Act was “inability of the Ld. AO to disallow depreciation on goodwill on account of technical issues”. The Assessee filed detailed reply dated 19.03.2021 (pages 23 to 37 of the paper books) which 2 was not considered

Olympic Decor LLP, Ahmedabad vs. The Pr.CIT, Ahmedabad-3, Ahmedabad

In the result, the Appeal of the assessee is allowed

ITA 423/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad23 May 2025AY 2018-19

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2018-19 Olympic Décor Llp Pr.Commissioner Of 6, Patel Avenue, Nr.Gurudwara Vs Income Tax-3 Sg Highway, Bodakdev Ambawadi Ahmedabad. Ahmedabad. Pan : Adafs 2113 H (Applicant) (Responent) : Assessee By Shri Tushar Hemani, Sr.Advocate & Parimalsinh B. Parmar, Ars : Shri Rignesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 23/05/2025 आदेश आदेश/O R D E R आदेश आदेश

Section 143(3)Section 2Section 263Section 28Section 32(1)(ii)Section 32(2)Section 68Section 80I

interest of Revenue on multiple grounds. Show cause notice under section 263 was issued, pointing out various issues, including: Allowance of depreciation on goodwill allegedly created upon i. amalgamation of a subsidiary, Allowance of deduction under section 80IA, ii. Non-taxation of alleged unexplained credit of Rs. 10.80 crore ... assessee, in the detailed revisionary order dated 22.02.2024, the PCIT recorded that the AO had failed to examine the claim of depreciation on goodwill under section 32(1)(ii), though it had been disallowed in earlier years (A.Y. 2016–17) and was claimed again in the year under consideration despite

The ACIT, Circle-2(1)(1), Ahmedabad vs. M/S. Intas Pharmaceuticals Ltd., Ahmedabad

Accordingly, this ground raised by the Revenue is dismissed

ITA 281/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad21 May 2025AY 2015-16

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

Section 115JSection 142(1)Section 143(2)Section 143(3)Section 144CSection 14ASection 35Section 36(1)(iii)Section 37Section 92C

Addition/Disallowance Amount (Rs.) No. 1 Transfer Pricing Adjustment on account of interest 15,18,41,720 on advances to AEs 2 Disallowance of Depreciation on Goodwill 2,27,92,50,000 3 Disallowance due to Allocation of Common 10,19,24,003 Expenses (Inter-unit allocation) 4 Disallowance under Section ... No.281 and 222/Ahd/2021 6 (1) "Whether the CIT(A) has erred in law and on facts in deleting the disallowance of claim of depreciation of Goodwill without appreciating that no goodwill was in existence in the books of amalgamating company and it was created in the books of amalgamated company

Intas Pharmaceuticals Ltd., Ahmedabad vs. The DCIT, Circle-2(1)(1), Ahmedabad

Accordingly, this ground raised by the Revenue is dismissed

ITA 222/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad21 May 2025AY 2015-16

Section 115JSection 142(1)Section 143(2)Section 143(3)Section 144CSection 14ASection 35Section 36(1)(iii)Section 37Section 92C

Adp India Private Limited, Chennai vs. DCIT, CC-1(1), Chennai

ITA 2698/CHNY/2024[2018-19]Status: DisposedITAT Chennai21 May 2025AY 2018-19

Bench: Shri George George K & Shri Jagadishआयकर अपील सं/.Ita Nos.: 2670, 2671, 2672 & 2698/Chny/2024 निर्धारण वर्ष/Assessment Years: 2016-17, 2017-18, 2018-19 & 2020-21 Adp India Private Limited, Thamarai Tech Park, 6Th Floor, Sp Plot No. 16 To 20 & 20A, Thiru Vi Ka Industrial Estate, Inner Ring Road, Guindy Industrial Estate So, Guindy, Chennai 600 032. [Pan: Aadcm-5547-J] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By : प्रत्यर्थी की ओर से/Respondent By : सुनवाई की तारीख/Date Of Hearing : घोषणा की तारीख/Date Of Pronouncement : The Deputy Commissioner Of Vs. Income Tax, Corporate Circle 1(1), Chennai. (प्रत्यर्थी/Respondent) Shri Sandeep Bagmar, Advocate Shri V. Justin, Cit & Ms. R. Anita, Addl. Cit 08.05.2025 21.05.2025 आदेश / Order Per George George K: These Four Appeals Filed At The Instance Of The Assessee Are Directed Against Four Separate Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (All Dated 21.08.2024) Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called 'The Act'). The Relevant Assessment Years Are 2016-17, 2017-18, 2018-19 & 2020-21. -2-

Section 142(1)Section 143(1)Section 143(2)Section 250Section 32Section 43(1)

assessee arrived at a goodwill value of ₹.24,50,82,483/-. Accordingly, the Assessing Officer show-caused the assessee as to why the depreciation on goodwill should not be disallowed. The Assessing Officer, after considering the submissions of the assessee and also taking note of provisions of section ... disallow the claim of depreciation on the ground that value of goodwill is enhanced. Accordingly, the Assessing Officer disallowed the claim of depreciation on goodwill amounting to ₹.6,12,70,621/- under section 32 of the Act and added to the total income of the assessee. 7. Aggrieved

Adp India Private Limited, Chennai vs. National Faceless Assessment Centre, Delhi

In the result, the appeal in ITA No

ITA 2672/CHNY/2024[2020-21]Status: DisposedITAT Chennai21 May 2025AY 2020-21

Bench: Shri George George Kand Shri Jagadishआयकर अपीलसं/.Ita Nos.: 2670, 2671, 2672 & 2698/Chny/2024 िनधा"रण वष"/Assessment Years: 2016-17, 2017-18, 2018-19 & 2020-21 Adp India Private Limited, The Deputy Commissioner Of Thamarai Tech Park, 6Th Floor, Vs. Income Tax, Sp Plot No. 16 To 20 & 20A, Thiru Vi Ka Corporate Circle 1(1), Industrial Estate, Inner Ring Road, Chennai. Guindy Industrial Estate So, Guindy, Chennai 600 032. [Pan: Aadcm-5547-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Sandeep Bagmar, Advocate ""यथ" क" ओर से/Respondent By : Shri V. Justin, Cit & Ms. R. Anita, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 08.05.2025 घोषणा क" तारीख/Date Of Pronouncement : 21.05.2025 आदेश/ O R D E R Per George George K: These Four Appeals Filed At The Instance Of The Assessee Are Directed Against Four Separate Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (All Dated 21.08.2024) Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2016-17, 2017-18, 2018-19 & 2020-21. Ita Nos.2670 To 2672 & 2698/Chny/2024

For Appellant: Shri Sandeep Bagmar, AdvocateFor Respondent: Shri V. Justin, CIT &

Section 142(1)Section 143(1)Section 143(2)Section 250Section 32Section 43(1)

Adp India Private Limited, Chennai vs. National Faceless Assessment Centre

ITA 2671/CHNY/2024[2017-18]Status: DisposedITAT Chennai21 May 2025AY 2017-18

Bench: Shri George George K & Shri Jagadishआयकर अपीलसं/Ita Nos.: 2670, 2671, 2672 & 2698/Chny/2024 निर्धारण वर्ष/Assessment Years: 2016-17, 2017-18, 2018-19 & 2020-21 Adp India Private Limited, Thamarai Tech Park, 6Th Floor, Sp Plot No. 16 To 20 & 20A, Thiru Vi Ka Industrial Estate, Inner Ring Road, Guindy Industrial Estate So, Guindy, Chennai 600 032. [Pan: Aadcm-5547-J] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By : प्रत्यर्थी की ओर से/Respondent By : सुनवाई की तारीख/Date Of Hearing : घोषणा की तारीख/Date Of Pronouncement : The Deputy Commissioner Of Vs. Income Tax, Corporate Circle 1(1), Chennai. (प्रत्यर्थी/Respondent) Shri Sandeep Bagmar, Advocate Shri V. Justin, Cit & Ms. R. Anita, Addl. Cit 08.05.2025 21.05.2025 आदेश / Order Per George George K: These Four Appeals Filed At The Instance Of The Assessee Are Directed Against Four Separate Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (All Dated 21.08.2024) Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called 'The Act'). The Relevant Assessment Years Are 2016-17, 2017-18, 2018-19 & 2020-21. -2-

Section 142(1)Section 143(1)Section 143(2)Section 250Section 32Section 43(1)

Adp India Private Limited, Chennai vs. Deputy Commissioner of Income Tax Corporate Circle 1(1), Chennai

In the result, the appeal in ITA No

ITA 2670/CHNY/2024[2016-17]Status: DisposedITAT Chennai21 May 2025AY 2016-17

For Appellant: Shri Sandeep Bagmar, AdvocateFor Respondent: Shri V. Justin, CIT &

Section 142(1)Section 143(1)Section 143(2)Section 250Section 32Section 43(1)

Delicatessen Engineering Services Private Limited, Hyderabad vs. DCIT., Circle- 8(1), Hyderabad

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

ITA 835/HYD/2024[2020-21]Status: DisposedITAT Hyderabad15 May 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita No.835/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Delicatessen Vs. Dy. Cit. Engineering Services Circle- 8(1), Private Hyderabad Limited,Hyderabad Pan:Aagcd8678N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri H. Srinivasulu, Advocate राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 26/02/2025 घोषणा की तारीख/Pronouncement: 16/05/2025 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Passed By The Assessing Officer U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The I.T. Act, 1961 Dated,18/07/2024, In Pursuant To The Directions Issued By The Drp-1 Bengaluru, Dated 26/02/2024 U/S 144C(5) Of The I.T. Act, 1961 & Relating To A.Y.2020-21. Page 1 Of 32

For Appellant: Shri H. Srinivasulu, AdvocateFor Respondent: : Shri B Bala Krishna, CIT(DR)

Section 143(3)Section 144C(5)Section 92C

same has to be considered as non-operating in nature. The DRP without considering the relevant aspect held that the appellant cannot claim depreciation of goodwill arising out of amalgamation even though they challenged before the DRP whether it is operating or non- operating. Since the amortization of goodwill ... that goodwill acquired on account of amalgamation or business transfer agreement is not eligible for depreciation. Once the assessee is not eligible for depreciation on goodwill, then the same cannot be considered as operating in nature for the purpose of computing margin. Therefore, we are of the considered view that

Rexel India Private Limited, Pune vs. Deputy Commissioner of Income Tax, Pune

In the result, appeal of the assessee is partly allowed for statistical

ITA 981/PUN/2024[AY 2016-17]Status: DisposedITAT Pune05 May 2025

Section 143(2)Section 32(1)Section 43(1)Section 43(6)

Delhi [“CIT(A)"] pertaining to Assessment Year ("AY") 2016-17. 2. The assessee has raised the following grounds of appeal:- “1. Disallowance of depreciation on goodwill arising pursuant to amalgamation of Yantra Automation Private Limited ('YAPL') and AD Electronics Private Limited ('ADEPL') with the Appellant 1.1 On the facts ... Appellant. 1.2 On the facts and circumstances of the case and in law, the Hon'ble NFAC has erred in concluding that the depreciation on goodwill as a result of amalgamation is not allowable in light of sixth proviso to Section 32(1) and explanation (3) thereof; read with explanation

Wns Global Services Private Limited, Mumbai vs. Asessment Unit, National Faceless Assessment Centre, New Delhi

In the result, the appeal of the assessee bearing ITA No

ITA 4432/MUM/2024[AY 2020-2021]Status: DisposedITAT Mumbai05 May 2025

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankarwns Global Services Private Vs Assessment Unit, National Faceless Limited, Mumbai Assessment Centre, New Delhi Pl-10/11, Gate No.4, Godrej- Boyce Complex, Pirojshanagar, L.B.S.Marg, Vikhroli (West), Mumbai-400 079 Pan: Aaacw2598L Appellant Respondent

For Appellant: ShriPorus Kaka A/w Manish KanthFor Respondent: Shri Pankaj Kumar (CIT DR)

Section 143(3)Section 144BSection 144CSection 144C(13)Section 144C(5)Section 253

there were no fresh transactions pertaining to these intangible assets, depreciation was claimed on the opening written down value (WDV). The assessee claimed depreciation on goodwill amounting to Rs.8,88,46,444/- acquired from Value Edge. In accordance with Section 32(1)(ii) of the Act, depreciation on trademarks

Infiniti Retail Limited, Mumbai vs. Th Assistant Commissioner of Income- Tax Circle 2(2)(1), Mumbai

In the result the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 6336/MUM/2024[2017-18]Status: DisposedITAT Mumbai22 Apr 2025AY 2017-18

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

Section 142(1)Section 143(2)Section 143(3)Section 253Section 271(1)(c)Section 32(1)

illegal, arbitrary and void-ab-initio and hence ought to be stuck down. Without prejudice to the foregoing: Disallowance of depreciation on Goodwill 3. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals) 'CIT(A)' has erred in upholding ... learned CIT(A) erred in upholding the disallowance of Rs 12,84,36,835 made by learned AO in respect of depreciation on goodwill which was debited to the profit and loss account of the appellant. Penalty proceeding under section 271(1)(c) of the Act 5. Based

The Dcitbharuch Range, Bharuch vs. Heubach Colour Pvt.Ltd., Ankleshwar

In the result, Ground Number 3 of the Department’s appeal is dismissed

ITA 547/AHD/2012[2007-08]Status: DisposedITAT Ahmedabad21 Apr 2025AY 2007-08

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

For Appellant: Ms. Amrin Pathan, A.RFor Respondent: Dr. Darsi Suman Ratnam, CIT-DR

with the provisions of Section 32 of the Income Tax Act, while goodwill depreciation was not applicable, as the assessee had not claimed depreciation on goodwill. 9. On going through the orders passed by the Assessing Officer and Ld. CIT(Appeals) and taking into consideration arguments of both the parties

Thomas Cook India Limited (Sucessor of Travel Corpn (India) Limited), Mumbai vs. DCIT 3(3)(1), Mumbai

ITA 4068/MUM/2024[2016-17]Status: DisposedITAT Mumbai17 Apr 2025AY 2016-17

Bench: Smt. Kavitha Rajagopal (Jm) & Shri Omkareshwar Chidara (Am)

For Appellant: Shri Hemanshu JoshiFor Respondent: Shri Jayesh Chobisa

Section 32(1)Section 43(1)

Bench :- The only issue to be adjudicated in both the A.Ys. 2015-16 and 2016- 17, is whether the appellant is entitled for depreciation on goodwill which is arising out of scheme of amalgamation approved by Hon'ble High Court. The following grounds of appeal are raised by the appellant ... both the years, as issue involved is the same and hence the appeals are clubbed and decided in this order. “Disallowance of Depreciation on Goodwill of Rs. 94,39,324/- On the facts and circumstances of the'case, the Ld. Commissioner of Income Tax (Appeals) ('CIT(A)') erred in affirming

ACIT, New Delhi vs. M/S. Bhushan Steel Ltd., New Delhi

In the result, appeal of the assessee is allowed

ITA 1470/DEL/2016[2009-10]Status: DisposedITAT Delhi02 Apr 2025AY 2009-10

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2006-07] S. C. Johnson Pvt. Ltd., Vs Dcit, 5Th Floor, Plot No.68, Circle-7(1), Sector-44, Gurugram, New Delhi Haryana-122003. Pan-Aaacl3128M Appellant Respondent [Assessment Year : 2007-08] S. C. Johnson Pvt. Ltd., Vs Acit, 5Th Floor, Plot No.68, Circle-22(2), Sector-44, Gurugram, New Delhi Haryana-122003. Pan-Aaacl3128M Appellant Respondent [Assessment Year : 2008-09] S. C. Johnson Pvt. Ltd., Vs Add.Cit, 5Th Floor, Plot No.68, Special Range-8, Sector-44, Gurugram, New Delhi Haryana-122003. Pan-Aaacl3128M Appellant Respondent Appellant By Shri K. M. Gupta, Adv. & Ms. Shruti Khimta, Ar Respondent By Shri Mahesh Kumar, Cit Dr Date Of Hearing 02.06.2025 Date Of Pronouncement 28.08.2025

Section 1Section 139(1)Section 143(3)Section 147Section 148Section 250Section 80I

ordinate Bench of Mumbai Tribunal in the case of Toyo Engineering India Ltd. in ITA No.3279/Mum/2008 wherein in similar type of claim of depreciation on Goodwill as the goodwill was recognized by using the purchase method. He also drew our attention to the common facts of the case of Toyo ... such circumstances, there would be no change in the financial results of the assessee as under the payment method, the assessee has claimed depreciation on goodwill whereas under pulling of interest method, losses would be claimed in the Profit & Loss Account. Thus, in our considered opinion, as has been observed

Income Tax Officer, TDS, Udaipur vs. Deputy Conservator of Forest (South), Udaipur

In the result, both the above appeals filed by the Revenue are dismissed

ITA 114/JODH/2024[2014-15]Status: DisposedITAT Jodhpur24 Mar 2025AY 2014-15

Bench: the Ld. CIT(A) who has deleted the said demand by stating that the VFPMCs are not contractors under Section 194C, as they are formed under the Rajasthan Forest Act, 1953, and function as self-help groups for forest conservation and development. The payments made to VFPMCs are not contract payments but are reimbursements for work done under the joint forest management policy of the State Government.

For Appellant: Shri Amit Kothari, C.AFor Respondent: Shri Ajay Malik, CIT DR

Section 10Section 10(20)Section 10(46)Section 11Section 194CSection 201(1)Section 80P

decision of the Income Tax Appellate Tribunal is not acceptable; and that since it has been appealed against, the issue of allowability of depreciation on goodwill has not attained finality. Unless there is a stay, order/decision of the jurisdictional Income Tax Appellate Tribunal is binding on all income tax authorities

Income Tax Officer, TDS, Udaipur vs. Deputy Conservator of Forest South, Udaipur

In the result, both the above appeals filed by the Revenue are dismissed

ITA 113/JODH/2024[2013-14]Status: DisposedITAT Jodhpur24 Mar 2025AY 2013-14

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

For Appellant: Shri Amit Kothari, C.AFor Respondent: Shri Ajay Malik, CIT DR

Section 10Section 10(20)Section 10(46)Section 11Section 194CSection 201(1)Section 80P

Deputy Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad vs. Yanfeng India Automotive Interior Systems Pvt Ltd, Ahmedabad

Accordingly, the appeal filed by the Revenue is dismissed

ITA 917/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad24 Mar 2025AY 2017-18

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.917/Ahd/2023 निर्धारण वर्ष / Assessment Year : 2017-18 Dy.Commissioner Of Income Tax, Circle-4(1)(1) Ahmedabad Yanfeng India Automotive बनाम / V/S. Interior Systems Pvt.Ltd. Plot No.Av21, Gidc Sandnad-Ii, Village Bol, Sanand Ahmedabad – 382 110 स्थायी लेखा सं./Pan: Aaacy 5078 P (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By : Shri Parimalsinh B. Parmar, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख /Date Of Hearing : 24/03/2025 घोषणा की तारीख / Date Of Pronouncement: 24/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal Has Been Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)"] Dated 21.09.2023 For The

For Appellant: Shri Parimalsinh B. Parmar, ARFor Respondent: Shri B.P. Srivastava, Sr.DR

Section 143(3)

Assessment Year (AY) 2017-18. The Revenue has challenged the deletion of the disallowance of Rs.1,79,79,218/- on account of depreciation on goodwill and Rs.19,75,701/- on account of advances written off, as made by the Assessing Officer in the assessment order passed under Section

S S Group P.Ltd, Gurgaon vs. ACIT, Circle-4(1), Gurgaon

In the result, both appeals of the assessee are partly allowed as above

ITA 7691/DEL/2018[2015-16]Status: DisposedITAT Delhi12 Mar 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Avdhesh Kumar Mishraita No.7691/Del/2018, A.Y. 2015-16 Ita No.8950/Del/2019, A.Y. 2016-17 M/S. S S Group (P) Ltd. Assistant Commissioner Of C/O Rra Taxindia Income Tax, Circle-4(1) D-28, South Extension Part-1 Vs. Income Tax Office, New Delhi-110049 Hsiidc Building, Pan: Aapcs5288Q Udyog Vihar, Gurgaon (Appellant) (Respondent) Appellant By Shri Somil Agarwal, Advocate Shri Deepesh Garg, Advocate Respondent By Ms. Jaya Chaudhary, Cit Dr Date Of Hearing 18/12/2024 Date Of Pronouncement 12/03/2025 Order Per Avdhesh Kumar Mishra, Am Since Issues Involved In These Appeals Were Identical; Hence, These Cases Were Heard Together. Accordingly, These Appeals Are Being Disposed Off By This Common Order For The Sake Of Brevity.

Section 234ASection 32(1)Section 40A(3)Section 43(6)(c)

Group P. Ltd. 3. The core issue raised in these appeals is in respect of the disallowance of depreciation on goodwill acquired/created as a result of amalgamation. Besides this issue, the assessee has also raised issues of the disallowance of Rs.41,08,304/- under section ... 234C and 234D of Income Tax Act, 1961 (hereinafter ‘the Act’) in AY 2016-17. However, no ground other than the disallowance of depreciation on goodwill was pressed in both years; hence, issues other than the disallowance of depreciation on goodwill stand dismissed. Resultantly, we are tasked to decide

Mahadhan Agritech Limited (Formerly Known As Smartechem Technologies Ltd ), Mumbai vs. Commissioner of Income Tax (Appeals)-50, Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 2226/MUM/2024[2015-16]Status: DisposedITAT Mumbai24 Feb 2025AY 2015-16

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2015-16 Mahadhan Agritech Ltd. (Formerly Cit(A)-50, Dcit Cen. 8(1), Known As Smartchem Technologies 656, Aayakar Bhavan, Vs. Ltd.), Mumbai-400021. Survey No. 93, Sai Hira, Mundhwa, Pune-411036. Pan No. Aacca 5046 P Appellant Respondent

For Appellant: Mr. Vijay MehtaFor Respondent: 28/11/2024

Section 132Section 153ASection 69A

justified and grossly erred in confirming the CIT(Appeals) was not justified and grossly erred in confirming the denial of the claim of depreciation on goodwill and / or other denial of the claim of depreciation on goodwill and / or other denial of the claim of depreciation on goodwill ... confirming CIT(Appeals) was not justified and grossly erred in confirming CIT(Appeals) was not justified and grossly erred in confirming addition of depreciation on goodwill and/or other addition of depreciation on goodwill and/or other addition of depreciation on goodwill and/or other intangible assets while computing book profit u/s 115JB