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June 18, 2022

Assessee is eligible to claim depreciation on goodwill

by CA Shivam Jaiswal in Income Tax

Assessee is eligible to claim depreciation on goodwill

Facts and Issue of the case

The issue is to be decided is as to whether the CIT(A) is justified in confirming the disallowance made by the AO on account of depreciation of goodwill of Rs.10,73,646.

Observation by the court

The court has heard ld. DR and perused the material available on record. The court has note that the assessee is a company engaged in the business of aviation training and hospitality industry. It imparts training programs ranging from personality development and grooming to high-end professional courses like training for cabin crew, ground staff and cargo handlers for  the  aviation sector. The assessee entered into an agreement with Avalon Aviation Academy and acquired various assets and liabilities for a lump sum consideration of Rs.75,00,000/- in F.Y. 2005-06. The excess of the consideration over the fair value of these assets on the date of acquisition   of Rs.60,85,577/- which was treated by the assessee as goodwill. The assessee claimed the same as depreciation/amortization on the  ground  that it is a right in the nature of know-how, patents, copyrights,  trademarks, licenses, franchises or any other business or  commercial  rights of similar nature being intangible assets. The AO  denied  depreciation by holding that the goodwill is not included any specific items and rejected the claim of the assessee and added Rs.10,73,646/- to the income of the assessee. The CIT(A) discussed the issue in Para No. 8 and following its own order for A.Y. 2011-12 confirmed the order of AO.  We  find a similar issue in assessee’s own case for A.Y. 2011-12 came up before this Tribunal and the Tribunal by following the earlier order in assessee’s own  case allowed depreciation.          

In the light of above, following the order of this Tribunal in assessee’s own case for A.Y. 2011-12, thus, we hold that the assessee is entitled to claim depreciation on goodwill. The order of CIT(A) is not justified and it is set aside. Thus, the ground raised by the assessee is allowed.

Conclusion

The appeal of assessee is allowed by the court.

Maya-Entertainment-Ltd-Vs-DCIT-ITAT-Pune-converted

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