TRIVITRON HEALTH CARE PVT. LTD.,CHENNAI vs. DCIT, CHENNAI
In the result, the appeal filed by the assessee is allowed
ITA 1340/CHNY/2019[2014-15]Status: DisposedITAT Chennai12 Oct 2022AY 2014-15
Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1340/Chny/2019 िनधा"रण वष" /Assessment Year: 2014-15 V. M/S.Trivitron Healthcare Pvt. Ltd., The Dy. Commissioner- “Sapthagiri Bhavan”, Of Income Tax, New No.15, Old No.25, Corporate Circle-3(1), Trivitron Sapthagiri Bhawan, Chennai. 4Th Street, Abhiramapuram, Chennai. [Pan: Aaact 9378 H] (अपीलाथ"/Appellant) (""यथ"/Respondent)
For Respondent: Mr.M.Rajan, CIT
Section 119Section 143Section 143(3)Section 263Section 36(1)(va)
section
32(1) of the Act, very clearly restricts claim of depreciation to successor
company on amalgamation, as if such succession has not taken place.
However, the Assessing Officer has allowed claim of depreciation on
goodwill without considering necessary provisions in right perspective of
law which rendered assessment order passed by the Assessing Officer as
erroneous
