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

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

section 32 of the Act, depreciation should be allowable to BPPL on actual cost of goodwill recorded in its books of account, being excess of consideration over amount if net asset of BEIPL recorded in books of BPPL, since it reflects the actual cost incurred by BPPL towards goodwill. The ld. A.R. submitted that goodwill does not indicate mere

NIRMA LIMITED,,AHMEDABAD vs. DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

depreciation to the assessee on closing WDV as decided in A.Y. 2003-04. Hence, the ground of appeal of the Revenue is hereby dismissed.” 9.1 Respectfully following the above-referred decision of the Tribunal, rendered in the assessee’s own case and consistently applied in subsequent years, and in the absence of any material change in facts or legal position

THE DCIT, CIR-3(1)(1), AHMEDABAD vs. M/S. NIRMA LIMITED,, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

depreciation to the assessee on closing WDV as decided in A.Y. 2003-04. Hence, the ground of appeal of the Revenue is hereby dismissed.” 9.1 Respectfully following the above-referred decision of the Tribunal, rendered in the assessee’s own case and consistently applied in subsequent years, and in the absence of any material change in facts or legal position

JT. CTI (OSD), CIRCLE-3(1)(1),, AHMEDABAD vs. M/S. NIRMA LIMITED,, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

depreciation to the assessee on closing WDV as decided in A.Y. 2003-04. Hence, the ground of appeal of the Revenue is hereby dismissed.” 9.1 Respectfully following the above-referred decision of the Tribunal, rendered in the assessee’s own case and consistently applied in subsequent years, and in the absence of any material change in facts or legal position

M/S. NIRMA LIMITED,,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

depreciation to the assessee on closing WDV as decided in A.Y. 2003-04. Hence, the ground of appeal of the Revenue is hereby dismissed.” 9.1 Respectfully following the above-referred decision of the Tribunal, rendered in the assessee’s own case and consistently applied in subsequent years, and in the absence of any material change in facts or legal position

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD vs. UNICORN PACKAGING PRIVATE LIMITED, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

depreciation on goodwill. 12. The Ld. CIT(A) in this appeal has also held that the assessment order was void ab inito as the assessment was made by the AO in the name of M/s.Unicorn Packaging Pvt.Ltd., whereas, by the time the said company ceased to exist as the same was converted into a limited liability partnership-firm

ACIT CC-1(3), AHMEDABAD, AHMEDABAD vs. UNICORN PACKAGING LLP, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

depreciation on goodwill. 12. The Ld. CIT(A) in this appeal has also held that the assessment order was void ab inito as the assessment was made by the AO in the name of M/s.Unicorn Packaging Pvt.Ltd., whereas, by the time the said company ceased to exist as the same was converted into a limited liability partnership-firm

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD vs. UNICORN PACKAGING LLP, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

depreciation on goodwill. 12. The Ld. CIT(A) in this appeal has also held that the assessment order was void ab inito as the assessment was made by the AO in the name of M/s.Unicorn Packaging Pvt.Ltd., whereas, by the time the said company ceased to exist as the same was converted into a limited liability partnership-firm

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD vs. UNICORN PACKAGING LLP, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

depreciation on goodwill. 12. The Ld. CIT(A) in this appeal has also held that the assessment order was void ab inito as the assessment was made by the AO in the name of M/s.Unicorn Packaging Pvt.Ltd., whereas, by the time the said company ceased to exist as the same was converted into a limited liability partnership-firm

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD vs. UNICORN PACKAGING LLP, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

depreciation on goodwill. 12. The Ld. CIT(A) in this appeal has also held that the assessment order was void ab inito as the assessment was made by the AO in the name of M/s.Unicorn Packaging Pvt.Ltd., whereas, by the time the said company ceased to exist as the same was converted into a limited liability partnership-firm

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD, AHMEDABAD vs. UNICORN PACKAGING LLP, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

depreciation on goodwill. 12. The Ld. CIT(A) in this appeal has also held that the assessment order was void ab inito as the assessment was made by the AO in the name of M/s.Unicorn Packaging Pvt.Ltd., whereas, by the time the said company ceased to exist as the same was converted into a limited liability partnership-firm

M/S. NIRMA LIMITED,,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-\n13 & 2013-14 filed by the assessee are partly allowed, while the appeal of the assessee\nfor AY 2014-15 is allowed

depreciation to the assessee on closing WDV as decided in A.Y.\n2003-04. Hence, the ground of appeal of the Revenue is hereby dismissed.”\n9.1 Respectfully following the above-referred decision of the Tribunal, rendered in\nthe assessee's own case and consistently applied in subsequent years, and in the\nabsence of any material change in facts or legal position

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-8, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

section 32 of the Act, the following conditions needs to be specified/satisfied. (a) Assets should be owned wholly or partially and (b) Used for the business purpose 20.1 From the above, the 1st condition arises for adjudication whether the assessee is the owner of the cars in dispute. The assessee has shown purchase of 5 cars in in the year

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE ACIT, (OSD), CIRCLE-8,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

section 32 of the Act, the following conditions needs to be specified/satisfied. (a) Assets should be owned wholly or partially and (b) Used for the business purpose 20.1 From the above, the 1st condition arises for adjudication whether the assessee is the owner of the cars in dispute. The assessee has shown purchase of 5 cars in in the year

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-4(1)(1),, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

section 32 of the Act, the following conditions needs to be specified/satisfied. (a) Assets should be owned wholly or partially and (b) Used for the business purpose 20.1 From the above, the 1st condition arises for adjudication whether the assessee is the owner of the cars in dispute. The assessee has shown purchase of 5 cars in in the year

THE DCIT, CIRCLE-8,, AHMEDABAD vs. SHIVAM WATER TREATERS PVT. LTD.,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

section 32 of the Act, the following conditions needs to be specified/satisfied. (a) Assets should be owned wholly or partially and (b) Used for the business purpose 20.1 From the above, the 1st condition arises for adjudication whether the assessee is the owner of the cars in dispute. The assessee has shown purchase of 5 cars in in the year

GMM PFAULDER LTD.,AHMEDABAD vs. THE PR.CIT, AHMEDABAD-1, AHMEDABAD

In the result, the appeal of the assessee is allowed

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

155 taxmann.com 283 (Guj.) / [2025] 477 ITR 392 (Guj.) (dated 28.08.2023), wherein the Court held that where goodwill had arisen on account of demerger of a division and the same represented excess consideration paid for acquisition of business as a going concern, depreciation on such goodwill is allowable under section

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

section 55(2)(a)(ii) have already been discussed and established that Depreciation cannot be claimed on goodwill arising out of amalgamation under the existing provisions of the Income-tax Act. 1961 in the present set of circumstances which exists in this case. 5.8. Further, it has been held by no less than Hon'ble Apex Court in the case